KANSAS INTERNET TRADING OF CHILD PORNOGRAPHY
DEFENSES INTERNET CHILD PORNOGRAPHY kansas
In Johnson County, Kansas, and across the state, internet child pornography is charged as felony. Depending of the facts of your case you may have the following defenses:
Child pornography charges can stem from possession of materials of, viewing or listening to, anyone under 18 years old engaged in any sexual or nude activity. Kansas laws note that those under 18 cannot legally consent to:
Kansas Child Pornography Punishments
If you produced, distributed, transmitted, advertised or profited from these materials you will be facing greater consequences than those mentioned below. If the child was under the age of 14 the potential consequences increase too.
Typically, child pornography is charged as a "sexual exploitation of a minor". This is a level 5 felony charge punishable by nearly 3 years to over 12 years of prison. If you are charged with a federal crime, and convicted, you will be sentenced to at least 5 years with no chance of probation, parole or supervised release during that time. In addition you are facing some, or all of the following:
Jessica's Law in Kansas
Should you be facing an internet solicitation/sex crime, 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.
- Alleged victim is 18 years old or older
- The images are not real
- Mistaken identity
- Search and seizure rights violations
- You were not the only person with access (ex. shared computer)
- Your age
- It was art, under the law
- Police evidence errors
Child pornography charges can stem from possession of materials of, viewing or listening to, anyone under 18 years old engaged in any sexual or nude activity. Kansas laws note that those under 18 cannot legally consent to:
- Photographs
- Images
- Depictions
- Film
- Altered images
- Videotaping, etc.
- procuring
- selling
- providing
- lending
- mailing
- delivering
- transferring
- transmitting
- distributing
- circulating
- disseminating
- presenting
- producing
- directing
- manufacturing
- issuing
- publishing
- displaying
- exhibiting, or
- advertising
Kansas Child Pornography Punishments
If you produced, distributed, transmitted, advertised or profited from these materials you will be facing greater consequences than those mentioned below. If the child was under the age of 14 the potential consequences increase too.
Typically, child pornography is charged as a "sexual exploitation of a minor". This is a level 5 felony charge punishable by nearly 3 years to over 12 years of prison. If you are charged with a federal crime, and convicted, you will be sentenced to at least 5 years with no chance of probation, parole or supervised release during that time. In addition you are facing some, or all of the following:
- Loss of employment or future employment
- Restriction from contact with any children, including your own
- Social Sexual Awareness classes (mandatory)
- Communicable diseases testing (ex. HIV testing)
- Community service
- Deportation (if immigration concerns exist)
- Registration as a sex offender
Jessica's Law in Kansas
Should you be facing an internet solicitation/sex crime, 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.
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.
CHILD PORNOGRAPHY - KANSAS STATUTE
21-5514. Internet trading in child pornography; aggravated internet trading in child pornography.
(a) Except as provided in K.S.A. 2022 Supp. 21-5610 and 21-5611, and amendments thereto, internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 2022 Supp. 21-5510(a)(2), and amendments thereto, when the offender is 18 years of age or older, and the offender knowingly causes or permits the visual depiction to be viewed, by use of any electronic device connected to the internet, by any person other than the offender or a person depicted in the visual depiction.
(b) Except as provided in K.S.A. 2022 Supp. 21-5610 and 21-5611, and amendments thereto, aggravated internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 2022 Supp. 21-5510(a)(1) or (4), and amendments thereto, when the offender is 18 years of age or older and the offender knowingly causes or permits the performance to be viewed, by use of any electronic device connected to the internet, by any person other than the offender or a person depicted in the performance.
(c) (1) Internet trading in child pornography is a severity level 5, person felony.
(2) Aggravated internet trading in child pornography is a severity level 3, person felony, except as provided in subsection (c)(3).
(3) Aggravated internet trading in child pornography or attempt, conspiracy or criminal solicitation to commit aggravated internet trading in child pornography is an off-grid person felony when the child is under 14 years of age.
(d) If the child is under 14 years of age, the provisions of:
(1) K.S.A. 2022 Supp. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated internet trading in child pornography pursuant to this section;
(2) K.S.A. 2022 Supp. 21-5302(d), and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated internet trading in child pornography pursuant to this section; and
(3) K.S.A. 2022 Supp. 21-5303(d), and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated internet trading in child pornography pursuant to this section.
(e) In addition to the venue provided for under any other provision of law, a prosecution for internet trading in child pornography or aggravated internet trading in child pornography may be brought in the county where the visual depiction or performance may be viewed by any person other than the offender using any electronic device connected to the internet and is viewed by a law enforcement officer using an electronic device connected to the internet while engaged in such officer's official duties.
(f) As used in this section, "the internet" has the meaning as provided in K.S.A. 66-2011, and amendments thereto.
(g) This section shall be part of and supplemental to the Kansas criminal code.
(a) Except as provided in K.S.A. 2022 Supp. 21-5610 and 21-5611, and amendments thereto, internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 2022 Supp. 21-5510(a)(2), and amendments thereto, when the offender is 18 years of age or older, and the offender knowingly causes or permits the visual depiction to be viewed, by use of any electronic device connected to the internet, by any person other than the offender or a person depicted in the visual depiction.
(b) Except as provided in K.S.A. 2022 Supp. 21-5610 and 21-5611, and amendments thereto, aggravated internet trading in child pornography is sexual exploitation of a child, as defined in K.S.A. 2022 Supp. 21-5510(a)(1) or (4), and amendments thereto, when the offender is 18 years of age or older and the offender knowingly causes or permits the performance to be viewed, by use of any electronic device connected to the internet, by any person other than the offender or a person depicted in the performance.
(c) (1) Internet trading in child pornography is a severity level 5, person felony.
(2) Aggravated internet trading in child pornography is a severity level 3, person felony, except as provided in subsection (c)(3).
(3) Aggravated internet trading in child pornography or attempt, conspiracy or criminal solicitation to commit aggravated internet trading in child pornography is an off-grid person felony when the child is under 14 years of age.
(d) If the child is under 14 years of age, the provisions of:
(1) K.S.A. 2022 Supp. 21-5301(c), and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated internet trading in child pornography pursuant to this section;
(2) K.S.A. 2022 Supp. 21-5302(d), and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated internet trading in child pornography pursuant to this section; and
(3) K.S.A. 2022 Supp. 21-5303(d), and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated internet trading in child pornography pursuant to this section.
(e) In addition to the venue provided for under any other provision of law, a prosecution for internet trading in child pornography or aggravated internet trading in child pornography may be brought in the county where the visual depiction or performance may be viewed by any person other than the offender using any electronic device connected to the internet and is viewed by a law enforcement officer using an electronic device connected to the internet while engaged in such officer's official duties.
(f) As used in this section, "the internet" has the meaning as provided in K.S.A. 66-2011, and amendments thereto.
(g) This section shall be part of and supplemental to the Kansas criminal code.
CLICK HERE FOR A VIDEO EXPLINANTION OF INTERNET CHILD PORNOGRAPHY
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.