BREACH OF PRIVACY (SEX CRIME)UNDER KANSAS LAW
In Kansas City, Kansas and across the state, you may be charged with the sex crime Breach of Privacy. Depending on the facts of your case you can be charged with a felony breach of privacy, defined by Kansas law as the following :
- installing or using a concealed camcorder, motion picture camera, or photographic camera of any type
- to secretly videotape, film, photograph, or record, by electronic or other means,
- another identifiable person under or through the clothing being worn by that other person or
- another identifiable person who is nude or in a state of undress,
- for the purpose of viewing the body of, or the undergarments worn by, that other person,
- without the consent or knowledge of that other person,
- with the intent to invade the privacy of that other person,
- under circumstances in which that other person has a reasonable expectation of privacy;
- disseminating or permitting the dissemination of any videotape, photograph, film, or image obtained in violation of the above provision; or
- disseminating any videotape, photograph, film, or image of another identifiable person 18 years of age or older who is nude or engaged in sexual activity and
- under circumstances in which such identifiable person had a reasonable expectation of privacy,
- with the intent to harass, threaten, or intimidate such identifiable person, and
- such identifiable person did not consent to such dissemination.
KANSAS BREACH OF PRIVACY DEFENSE - SEX OFFENDER
In Johnson County, Kansas, and across the state, can be deemed a "sex offender" if you are convicted of any of the following offenses:
However, if you were deemed a juvenile offender for breach of privacy or internet trading in child pornography you would not be required to register. Otherwise you must register under KORA for a minimum of 15 years.
If you are charged with, or under investigation for, human trafficking you may be facing anywhere from 109 months to life in prison (with or without the possibility of parole). The severity of your potential penalties depends on the specifics of your case.
Depending on your exact charges you may have any one of the following defenses available:
Trying to defend yourself will likely be unsuccessful. Your innocence will not be establish because you are cooperative, provide a statement, relinquish your electronics, etc. You need a Kansas defense attorney on your side. Call NOW 913-602-7288. Visa and MasterCard payments accepted. Payment plans are available.
- breach of privacy
- rape
- indecent liberties with a child; aggravated
- indecent solicitation of a child; aggravated
- sexual exploitation of a child
- aggravated sexual battery
- aggravated incest
- electronic solicitation
- a juvenile offender who commits any sex crime that would be considered an adult sexually violent crime
- designation as a sexually violent predator (SVP)
- adultery
- criminal sodomy; aggravated
- promoting prostitution
- patronizing prostitutes
- lewd and lascivious behavior
- sexual battery
- attempt, conspiracy or criminal solicitation
- aggravated human trafficking
- kidnapping
However, if you were deemed a juvenile offender for breach of privacy or internet trading in child pornography you would not be required to register. Otherwise you must register under KORA for a minimum of 15 years.
If you are charged with, or under investigation for, human trafficking you may be facing anywhere from 109 months to life in prison (with or without the possibility of parole). The severity of your potential penalties depends on the specifics of your case.
Depending on your exact charges you may have any one of the following defenses available:
- Insufficient evidence
- Knowledge of the alleged victim
- Lack of requisite culpable mental state
- Consent (not available where minor's are involved)
- Your age, and more.
Trying to defend yourself will likely be unsuccessful. Your innocence will not be establish because you are cooperative, provide a statement, relinquish your electronics, etc. You need a Kansas defense attorney on your side. Call NOW 913-602-7288. Visa and MasterCard payments accepted. Payment plans are available.
KANSAS SEX CRIMES MYTHS:
POTENTIAL CONSEQUENCES FOR KANSAS SEX CRIMES
You are facing aggressive investigation and prosecution, and the penalties are severe, for all Kansas state sex crimes. Life imprisonment without the possibility of parole, and lifetime registration as a sex offender are real possibilities in some sex crime cases.
If convicted, judges in Kansas can use some discretion when imposing sentence. Generally the sentencing guidelines, on the grid, is used. However, some are considered Jessica's Law matters and are "off-grid" charges. That means harsher consequences are possible.
UNDERSTANDING THE KANSAS SENTENCING/PENALTY GRID
The sentencing grid divides crimes by severity level (the vertical axis of the grid, numeric levels), and
categorizes you by your prior criminal records (the horizontal axis, levels A-I).
Kansas sex offenses (i.e. non-drug crimes) are divided into severity levels 1-10.
Your criminal history designations, level A is the most serious, if you have three or more convictions for “person” felonies (crimes committed against people). Level I is the least serious designation, if you have no criminal record or only one misdemeanor conviction.
See the non-drug sentencing grid by click HERE.
KANSAS OFF-GRID FELONIES PENALTIES
Some crimes in Kansas are called "off-grid felonies". Most off-grid felonies are very serious crimes, punishable by the death penalty or life imprisonment. For example, if you are charged with rape of a child that is an off-grid felony, it is punishable by life in prison.
KANSAS SEX CRIMES FINES
If convicted, not only are you facing prison time, the court can impose a hefty fine, as follows:
- If you think your charges are minor, you are wrong. All sex crimes in Kansas are serious;
- If you think being a "first-time offender", or otherwise having not been in any trouble, will work in your favor you are largely mistaken;
- If you think your lack of knowledge (or in some instances consent) may help you avoid prosecution you are wrong there too;
- If you think you have destroyed, damaged or discarded evidence against you (ex. text messages, video, computer data, phone records, emails, chat room history, "dark web" items accessed, etc.), think again. Forensic recovery is likely;
- If you think because time has passed since the alleged crime /investigation/police contact, the matter is over, don't be fooled. Contact was initiated for a reason and investigations (including warrants) take time. Your arrest is likely forthcoming;
- If you think cooperating with police (ex. giving statements, handing over your belongings, providing DNA samples, etc.) shows your innocence, you are absolutely doing what is against your own best interest;
- If you think the age of your prior crimes make those irrelevant, know that Kansas prosecutors will pull your nationwide criminal history and provide that to the court.
POTENTIAL CONSEQUENCES FOR KANSAS SEX CRIMES
You are facing aggressive investigation and prosecution, and the penalties are severe, for all Kansas state sex crimes. Life imprisonment without the possibility of parole, and lifetime registration as a sex offender are real possibilities in some sex crime cases.
If convicted, judges in Kansas can use some discretion when imposing sentence. Generally the sentencing guidelines, on the grid, is used. However, some are considered Jessica's Law matters and are "off-grid" charges. That means harsher consequences are possible.
UNDERSTANDING THE KANSAS SENTENCING/PENALTY GRID
The sentencing grid divides crimes by severity level (the vertical axis of the grid, numeric levels), and
categorizes you by your prior criminal records (the horizontal axis, levels A-I).
Kansas sex offenses (i.e. non-drug crimes) are divided into severity levels 1-10.
Your criminal history designations, level A is the most serious, if you have three or more convictions for “person” felonies (crimes committed against people). Level I is the least serious designation, if you have no criminal record or only one misdemeanor conviction.
See the non-drug sentencing grid by click HERE.
KANSAS OFF-GRID FELONIES PENALTIES
Some crimes in Kansas are called "off-grid felonies". Most off-grid felonies are very serious crimes, punishable by the death penalty or life imprisonment. For example, if you are charged with rape of a child that is an off-grid felony, it is punishable by life in prison.
KANSAS SEX CRIMES FINES
If convicted, not only are you facing prison time, the court can impose a hefty fine, as follows:
- up to $500,000 if you are convicted of an off-grid felony crime;
- up to $300,000 if you are convicted of a level 1-5 sex crime; or
- up to $100,000 if you are convicted of any other level of sex felony.
The jury may be presented with the definition of "sexual intercourse", if it is a required element of the charge. As noted on the prior page, this is defined as any penetration of the female sex organ by a finger, male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse.
There is case law to support that injuries to the vagina (State v. Hillard) or penetration of the vulva or labia (State v. Borthwick) can be considered penetration. In fact, even without evidence of attempted penetration, if the evidence supports an intention to rape (i.e. attempted rape) the element of "sexual intercourse" has been met. (State v. Hanks).
Sodomy is defined HERE and may also be presented to a jury.
Lewd conduct, which can include things like French kissing in some circumstances, is defined HERE.
This, of course, excludes lawful medical care or cavity searches.
There is case law to support that injuries to the vagina (State v. Hillard) or penetration of the vulva or labia (State v. Borthwick) can be considered penetration. In fact, even without evidence of attempted penetration, if the evidence supports an intention to rape (i.e. attempted rape) the element of "sexual intercourse" has been met. (State v. Hanks).
Sodomy is defined HERE and may also be presented to a jury.
Lewd conduct, which can include things like French kissing in some circumstances, is defined HERE.
This, of course, excludes lawful medical care or cavity searches.
Jessica's Law may apply to these charges. This will substantially increase your potential penalties. Read more on that page about ways to protect yourself during a Kansas law enforcement of child protective services investigation. One of the best ways is getting an attorney TODAY. Call NOW 913-602-7288.
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 for your free 20 minute 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.