KANSAS INDECENT LIBERTIES WITH A CHILD CHARGES
KANSAS AGGRAVATED INDECENT LIBERTIES WITH A CHILD
KANSAS DEFENSES TO INDECENT LIBERTIES WITH A CHILD
In Johnson County, Kansas, and across the state, indecent liberties with a child is a person felony and may be charged as an off-grid crime. If you are charged with this crime, or under investigation, you are facing anywhere from 55 months to life in prison. Depending on your exact charges you may have any one of the following defenses available:
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).
If you had a pattern of illicit sexual relations or acts with a minor this may be admissible to establish the relationship, a continuing course of conduct, or to corroborate testimony of the the alleged victim. (State v. Crossman).
Jessica's Law in Kansas
Should you be facing a charge involving a minor, your potential consequences immediately increase. In some instances (ex. prior convictions of the same) you may be facing a 25+ year prison sentence.
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.
- No lewd fondling or touching
- Your age in relation to the alleged victim
- Mistaken identity
- Retaliation
- Expiration of Statute of Limitations
- Insufficient evidence, and more.
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).
If you had a pattern of illicit sexual relations or acts with a minor this may be admissible to establish the relationship, a continuing course of conduct, or to corroborate testimony of the the alleged victim. (State v. Crossman).
Jessica's Law in Kansas
Should you be facing a charge involving a minor, your potential consequences immediately increase. In some instances (ex. prior convictions of the same) you may be facing a 25+ year prison sentence.
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.
INDECENT LIBERTIES & AGGRAVATED INDECENT LIBERTIES WITH A CHILD kansas LAW
21-5506. Indecent liberties with a child; aggravated indecent liberties with a child.
(a) Indecent liberties with a child is engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age:
(1) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(2) soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.
(b) Aggravated indecent liberties with a child is:
(1) Sexual intercourse with a child who is 14 or more years of age but less than 16 years of age;
(2) engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age and who does not consent thereto:
(A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(B) causing the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another; or
(3) engaging in any of the following acts with a child who is under 14 years of age:
(A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(B) soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.
(c) (1) Indecent liberties with a child is a severity level 5, person felony.
(2) Aggravated indecent liberties with a child as defined in:
(A) Subsection (b)(1) is a severity level 3, person felony;
(B) subsection (b)(2) is a severity level 4, person felony; and
(C) subsection (b)(3) is a severity level 3, person felony, except as provided in subsection (c)(3).
(3) Aggravated indecent liberties with a child as defined in subsection (b)(3) or attempt, conspiracy or criminal solicitation to commit aggravated indecent liberties with a child as defined in subsection (b)(3) is an off-grid person felony, when the offender is 18 years of age or older.
(d) If the offender is 18 years of age or older, the provisions of:
(1) Subsection (c) of K.S.A. 2022 Supp. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated indecent liberties with a child as defined in subsection (b)(3);
(2) subsection (c) of K.S.A. 2022 Supp. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated indecent liberties with a child as defined in subsection (b)(3);
(3) subsection (d) of K.S.A. 2022 Supp. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated indecent liberties with a child as defined in subsection (b)(3).
(e) It shall be a defense to a prosecution of indecent liberties with a child, as defined in subsection (a)(1), and aggravated indecent liberties with a child, as defined in subsections (b)(1), (b)(2)(A) and (b)(3)(A) that the child was married to the accused at the time of the offense.
(a) Indecent liberties with a child is engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age:
(1) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(2) soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.
(b) Aggravated indecent liberties with a child is:
(1) Sexual intercourse with a child who is 14 or more years of age but less than 16 years of age;
(2) engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age and who does not consent thereto:
(A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(B) causing the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another; or
(3) engaging in any of the following acts with a child who is under 14 years of age:
(A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or
(B) soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.
(c) (1) Indecent liberties with a child is a severity level 5, person felony.
(2) Aggravated indecent liberties with a child as defined in:
(A) Subsection (b)(1) is a severity level 3, person felony;
(B) subsection (b)(2) is a severity level 4, person felony; and
(C) subsection (b)(3) is a severity level 3, person felony, except as provided in subsection (c)(3).
(3) Aggravated indecent liberties with a child as defined in subsection (b)(3) or attempt, conspiracy or criminal solicitation to commit aggravated indecent liberties with a child as defined in subsection (b)(3) is an off-grid person felony, when the offender is 18 years of age or older.
(d) If the offender is 18 years of age or older, the provisions of:
(1) Subsection (c) of K.S.A. 2022 Supp. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated indecent liberties with a child as defined in subsection (b)(3);
(2) subsection (c) of K.S.A. 2022 Supp. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated indecent liberties with a child as defined in subsection (b)(3);
(3) subsection (d) of K.S.A. 2022 Supp. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated indecent liberties with a child as defined in subsection (b)(3).
(e) It shall be a defense to a prosecution of indecent liberties with a child, as defined in subsection (a)(1), and aggravated indecent liberties with a child, as defined in subsections (b)(1), (b)(2)(A) and (b)(3)(A) that the child was married to the accused at the time of the offense.
WHAT IS LEWD FONDLING OR TOUCHING?
Unlike in some other Kansas sex crimes, "sexual intercourse", or related attempts, is not required in indecent liberties cases. Instead, "lewd fondling or touching" is enough. That is defined as fondling or touching in a manner that tend to undermine the morals of a child and is so clearly offensive as to outrage the moral senses of a reasonable person. It does not require contact of a sex organ. (State v. Wells). However, if sexual intercourse is involved you will be facing an aggravated charge.
SAME ALLEGED VICTIM BUT MULTIPLE CHARGES?
The state of Kansas may charge you with a number of crimes separate crimes. Additionally, it can charge you with multiple counts of this crime, if the facts surrounding the allegations change in date, time and/or places. This is even if the charges involve the same alleged victim. (State v. Kessler).
CLICK HERE FOR A VIDEO EXPLINANTION OF THE CHARGES OF INDECENT LIBERTIES
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.
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.