KANSAS DEFENSES TO INCEST CHARGES
In Johnson County, Kansas, and across the state, all charges of incest are felonies. Remember if the alleged victim is a minor to whom you have familial relation to you will be charged with other applicable crimes (ex. rape, sodomy, etc.). If you are under investigation for, or charged with, incest you could be facing anywhere between 5 to 247 months in prison. 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:
1. rape
2.aggravated indecent liberties
3. criminal sodomy or
4. aggravated criminal sodomy.
You can also be charged with aiding and abetting the above-listed charges based upon your legal relationship with the alleged victim, even if you are not the one who committed any of the alleged acts. (State v. McMullen).
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.
Depending on your exact charges you may have any one of the following defenses available:
- Lack of request familial relationship (State v. Craig)
- Insufficient evidence
- No sexual contact
- Lawful Marriage
- Lack of requisite culpable mental state, and more.
1. rape
2.aggravated indecent liberties
3. criminal sodomy or
4. aggravated criminal sodomy.
You can also be charged with aiding and abetting the above-listed charges based upon your legal relationship with the alleged victim, even if you are not the one who committed any of the alleged acts. (State v. McMullen).
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.
INCEST UNDER KANSAS LAW
In all cases of incest the jury will be presented with the definition of "sexual intercourse", 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.
21-5604. Incest; aggravated incest.
(a) Incest is marriage to or engaging in otherwise lawful sexual intercourse or sodomy, as defined in K.S.A. 2012 Supp. 21-5501, and amendments thereto, with a person who is 18 or more years of age and who is known to the offender to be related to the offender as any of the following biological relatives: Parent, child, grandparent of any degree, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.
(b) Aggravated incest is:
(1) Marriage to a person who is under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece; or
(2) engaging in the following acts with a person who is 16 or more years of age but under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece:
(A) Otherwise lawful sexual intercourse or sodomy as defined by K.S.A. 2012 Supp. 21-5501, and amendments thereto; or
(B) any lewd fondling, as described in subsection (a)(1) of K.S.A. 2012 Supp. 21-5506, and amendments thereto.
(c) (1) Incest is a severity level l0, person felony.
(2) Aggravated incest as defined in:
(A) Subsection (b)(2)(A) is a:
(i) Severity level 5, person felony, except as provided in subsection (c)(2)(A)(ii); and
(ii) severity level 3, person felony if the victim is the offender's biological, step or adoptive child; and
(B) subsection (b)(1) or (b)(2)(B) is a severity level 7, person felony.
(a) Incest is marriage to or engaging in otherwise lawful sexual intercourse or sodomy, as defined in K.S.A. 2012 Supp. 21-5501, and amendments thereto, with a person who is 18 or more years of age and who is known to the offender to be related to the offender as any of the following biological relatives: Parent, child, grandparent of any degree, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece.
(b) Aggravated incest is:
(1) Marriage to a person who is under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece; or
(2) engaging in the following acts with a person who is 16 or more years of age but under 18 years of age and who is known to the offender to be related to the offender as any of the following biological, step or adoptive relatives: Child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece:
(A) Otherwise lawful sexual intercourse or sodomy as defined by K.S.A. 2012 Supp. 21-5501, and amendments thereto; or
(B) any lewd fondling, as described in subsection (a)(1) of K.S.A. 2012 Supp. 21-5506, and amendments thereto.
(c) (1) Incest is a severity level l0, person felony.
(2) Aggravated incest as defined in:
(A) Subsection (b)(2)(A) is a:
(i) Severity level 5, person felony, except as provided in subsection (c)(2)(A)(ii); and
(ii) severity level 3, person felony if the victim is the offender's biological, step or adoptive child; and
(B) subsection (b)(1) or (b)(2)(B) is a severity level 7, person felony.
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, Overland Park Municipal Court, Leawood Municipal Court, Shawnee Municipal Court, Merriam Municipal Court, Lenexa Municipal Court, Mission Municipal Court, Prairie Village Municipal Court, Roeland Park Municipal Court, Olathe Municipal Court, and a host of other courts in Johnson County Kansas.