JESSICA'S LAW kansas
Be assured that Johnson County, Kansas has enforces "Jessica's Law" to increase potential consequences for sex crimes against minors. That is because, as outlined below, you will be facing an "off-grid" felony. This oftentimes forces the hand of the Court to impose stiffer penalties. To put in perspective how serious this classification is, understand that the other off-grid felonies, in Kansas, are capital murder, 1st degree murder, treason, terrorism, illegal use of weapons of mass destruction and Jessica's Law.
Kansas Jessica's Law Crimes
If you are charged with a sex crime, that involves a minor, your case may fall under a Jessica's Law crime. Intercourse need not occur. Indecent liberties, under Kansas law, includes touching or fondling. Lewd and lascivious behavior can be considered too. You should know that in some circumstances the actual person need not be a child. If the alleged victim is under 14 years old, any of the following crimes will be under Jessica's Law:
Kansas Jessica's Law Penalties
If charged under Jessica's Law you will be facing much more serious consequences, as follows:
Kansas Jessica's Law Reduced Sentences (i.e. mitigating factors)
While the judge may have less discretion, during sentencing, in these cases, he/she does have some. If you are convicted, or accept a plea, your attorney will want to share with the court the following, in order for you to be considered for a lesser sentence:
Kansas Jessica's Law Defenses
You have defenses to crimes that fall under this category, just as there are in all cases involving an alleged sex crimes, as follows:
Tips
Here is an important piece of advise. If you are under investigation, have been accused of, or formally charged with a crime under Jessica's Law, you should NOT:
Kansas Jessica's Law Crimes
If you are charged with a sex crime, that involves a minor, your case may fall under a Jessica's Law crime. Intercourse need not occur. Indecent liberties, under Kansas law, includes touching or fondling. Lewd and lascivious behavior can be considered too. You should know that in some circumstances the actual person need not be a child. If the alleged victim is under 14 years old, any of the following crimes will be under Jessica's Law:
- Aggravated human trafficking if the victim is under 14
- Rape
- Aggravated indecent liberties with a child
- Aggravated criminal sodomy
- Promoting prostitution when the prostitute is under 14 years old
- Sexual exploitation of a child when the child is under 14 years old
- Criminal solicitation, as defined by K.S.A. 21-5301; and any
- Attempts or conspiracies to perpetrate such crimes.
Kansas Jessica's Law Penalties
If charged under Jessica's Law you will be facing much more serious consequences, as follows:
- First offense - life in prison, without being eligible for parole for 25 years;
- Second offense (with priors from any jurisdiction across the nation) - life in prison, with a mandatory minimum term of not less than 40 years;
- Third, or more, offense (with priors from any jurisdiction across the nation) - 40 in prison without the possibility of parole; and
- Aggravated Habitual Sex Offender - Keep in mind that your prior sexual offenses need not be involving a minor. If you have two or more prior convictions, for any sexually violent crime, in Kansas you are considered an aggravated habitual sex offender. You will be sentenced to life in prison without the possibility of parole. If you have had only one prior sexually violent crime you can be sentence to life in prison, with the possibility of parole after serving 40 years in prison, if one of those convictions falls under Jessica's Law.
Kansas Jessica's Law Reduced Sentences (i.e. mitigating factors)
While the judge may have less discretion, during sentencing, in these cases, he/she does have some. If you are convicted, or accept a plea, your attorney will want to share with the court the following, in order for you to be considered for a lesser sentence:
- You have no prior, or old, criminal activity;
- You were under extreme mental or emotional distress;
- Your age at the time of the crime, and more.
Kansas Jessica's Law Defenses
You have defenses to crimes that fall under this category, just as there are in all cases involving an alleged sex crimes, as follows:
- Lack of/poor evidence
- False allegations
- Your age
- Retaliation
- Poor/lack of proper identification, etc.
Tips
Here is an important piece of advise. If you are under investigation, have been accused of, or formally charged with a crime under Jessica's Law, you should NOT:
- Contact the alleged victim in this case
- Discuss this matter with anyone, besides your lawyer
- Respond to any new/old conversations about the allegations (ex. dating sites, Facebook, etc.)
- Solicit new relationships
- Sit for a lie detector test
- Speak to law enforcement
- Give electronics (ex. your phone, computer, camera, etc.) to anyone
- Provide passwords to your social media, dating websites, email, phone, etc.
You need an attorney you trust to represent and advocate for you. Remember that the other side aren't working for you, and aren't your friends. Hiring Attorney T. Morton may be the most important decision you make. Call now to schedule a consultation 913.602.7288.
ATTORNEY T. MORTON
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
Serving Johnson County District Court in Kansas City, Kansas.