Kansas Sex Crimes Defense Lawyer

Criminal offenses that are sexually motivated frequently result in serious criminal charges. Prosecutors frequently pursue maximum punishments for the alleged offenders in these cases. If you have been arrested and charged, or if you are being investigated for a sex crime, do not hesitate to contact me for help immediately. When you hire Pratt Law, LLC, I will put my 20 years of experience to work for you, and together we will fight back against the charges you face.

Often, a person who has been accused or suspected of a sex crime will feel the need to defend themselves and explain their version of events right away. Resist this temptation, and don’t say anything about the accusations against you to law enforcement until you have legal representation.

James R. Pratt is a past president of the Kansas Association of Criminal Defense Attorneys as well as a member of the National Association of Criminal Defense Attorneys, the Kansas Bar Association, and the Neosho County Bar Association. Get an attorney with the right experience and resources to defend you against the charges you face. Call (316) 262-2600 or contact us online to schedule a confidential consultation.

Kansas Sex Crime Laws

Sex offenses in Kansas are listed under Article 55 of Chapter 21 in the Kansas Statutes. The crimes established in state law include:

Rape, Kansas Statute § 21-5503

A person commits rape if they engage in sexual intercourse with an alleged victim when:

  • The alleged victim is overcome by force or fear
  • The alleged victim is unconscious or powerless or,
  • The alleged victim is incapable of giving consent

Individuals may be incapable of giving consent if:

  • They have either a mental deficiency or disease
  • They are under the effect of liquor, a narcotic, or another drug ,
  • There is a knowing misrepresentation by an alleged offender, or
  • The alleged victim is less than 14 years of age

Criminal Sodomy and Aggravated Criminal Sodomy, Kansas Statute § 21-5504

Criminal sodomy involves:

  • Sodomy between persons 16 years of age or older and members of the same sex
  • Sodomy between a person and an animal
  • Sodomy with a child who is at least 14 years of age but less than 16 years of age, or
  • Causing a child at least 14 years of age but less than 16 years of age to engage in sodomy with any person or animal.

Aggravated criminal sodomy involves:

  • Sodomy with a child who is under 14 years of age
  • Causing a child under 14 years of age to engage in sodomy with any person or an animal
  • Sodomy with an alleged victim who does not consent to the sodomy or
  • Causing a victim without their consent to engage in sodomy with any person or animal when the alleged victim is overcome by force or fear, is unconscious or physically powerless, or is incapable of giving consent because of mental deficiency or disease, or the effect of any alcoholic liquor, narcotic, drug or other substance.

Sexual Battery and Aggravated Sexual Battery, Kansas Statute § 21-5505

Sexual battery involves the touching of an alleged victim 16 years of age or older who is not the spouse of the alleged offender without their consent and with the intent to arouse or satisfy the sexual desires of the alleged offender or another party.

Aggravated sexual battery involves the touching of an alleged victim 16 years of age or older who is not the spouse of the alleged offender without their consent and with the intent to arouse or satisfy the sexual desires of the alleged offender or another party when the alleged victim is overcome by force or fear, is unconscious or physically powerless, or is incapable of giving consent because of mental deficiency or disease, or the effect of any alcoholic liquor, narcotic, drug or other substance.

Indecent Liberties with a Child and Aggravated Indecent Liberties with a Child, Kansas Statute § 21-5506

Indecent liberties with a child involves any lewd fondling or touching of a child at least 14 years of age but less than 16 years of age. It can also include solicitation of the child to engage in fondling or touching. Aggravated indecent liberties involves committing the offenses without the child’s consent or sexual intercourse with a child at least 14 years of age but less than 16 years of age.

Unlawful Voluntary Sexual Relations, Kansas Statute § 21-5507

Unlawful voluntary sexual relations involves voluntary sexual intercourse, voluntary sodomy, or voluntary lewd fondling or touching with a child at least 14 years of age but less than 16 years of age.

The alleged offender must be less than 19 years of age and less than four years of age older than the child, the child and the alleged offender are the only parties involved, and the child and the alleged offender must be members of the opposite sex.

Indecent Solicitation of a Child and Aggravated Indecent Solicitation of a Child, Kansas Statute § 21-5508

Indecent solicitation of a child involves inviting, enticing, persuading, commanding, or attempting to influence a child at least 14 years of age but less than 16 years of age to commit or to submit to an unlawful sexual act, or enter any location with intent to commit an unlawful sexual act upon or with the child.

Aggravated indecent solicitation involves the same actions being engaged with a child less than 14 years of age.

Electronic Solicitation, Kansas Statute § 21-5509

Electronic solicitation involves communication via telephone, internet, or other electronic means with a person whom the alleged offender believes to be a child to partake in an unlawful sexual act.

Sexual Exploitation of a Child, Kansas Statute § 21-5510

Sexual exploitation of a child involves the possession of child pornography or any attempt to get a child to engage in sexually explicit conduct.

Adultery, Kansas Statute § 21-5511

Adultery is sexual intercourse with any person not married to the alleged offender when the alleged offender is married or unmarried but knows the other person is married.

Unlawful Sexual Relations, Kansas Statute § 21-5512

Unlawful sexual relations relates to consensual sexual intercourse, lewd fondling or touching, or sodomy with a person who is not married to the alleged offender when the alleged offender is an employee of the Department of Corrections, a parole officer, or law enforcement officer.

Lewd and Lascivious Behavior, Kansas Statute § 21-5513

Lewd and lascivious behavior involves publicly engaging in sexual intercourse or sodomy viewable by others or publicly exposing a sex organ with the intent to arouse or gratify the sexual desires of the alleged offender or another party.

Internet Trading in Child Pornography and Aggravated Internet Trading in child Pornography, Kansas Statute § 21-5514

Internet trading in child pornography is defined as sexual exploitation of a child under Kansas Statute § 21-5510(a)(2), while aggravated internet trading in child pornography is defined as sexual exploitation of a child under Kansas Statute § 21-5510(a)(1) or Kansas Statute § 21-5510(a)(4).

All the crimes listed above are considered felony offenses in Kansas.

Penalties for Sex Crime Convictions

Certain sex crimes have classifications that involve different penalties. Kansas uses a sentencing grid for felony offenses, which takes into account two factors: the criminal history category and the severity level of the offense. A person in Category A has three or more felonies while a person in Category I has one misdemeanor or no criminal record. The severity level of the offense depends on the crime and surrounding circumstances.

The two factors are located on the grid, and there is often a range of possible sentences, with the lowest amount being for cases with mitigating factors while the highest amount is for cases with aggravating factors. With sex crimes possible penalties can include:

Rape — Level I felony punishable by up to 653 months in prison for Category A. Cases involving knowing misrepresentations by alleged offenders are Level II felony offenses and are punishable by up to 493 months in prison for Category A.

Criminal Sodomy and Aggravated Criminal Sodomy:  Criminal sodomy between persons

1) who are 16 years of age or older and members of the same sex or

2) between a person and an animal is a class B nonperson misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.

Aggravated criminal sodomy is:

1) with a child who is at least 14 years of age but less than 16 years of age

2) or causing a child who is at least 14 years of age but less than 16 years of age to engage in sodomy with any person or animal.

Aggravated criminal sodomy is a Level I felony punishable by up to 653 months in prison for Category A.

Sexual Battery and Aggravated Sexual Battery — Sexual battery is a class A person misdemeanor punishable by a year in jail and a fine of up to $2,500. Aggravated sexual battery is a Level V person felony punishable by up to 136 months in prison for Category A.

Indecent Liberties with a Child and Aggravated Indecent Liberties with a Child — Indecent liberties with a child is a Level V person felony punishable by up to 136 months in prison for Category A.

Aggravated indecent liberties with a child can be a Level IV person felony punishable by up to 172 months in prison for Category A or a Level III person felony punishable by up to 247 months in prison for Category A.

Unlawful Voluntary Sexual Relations — Unlawful voluntary sexual relations involving voluntary sexual intercourse is a Level VIII person felony punishable by up to 23 months in prison for Category A, unlawful voluntary sexual relations involving voluntary sodomy is a Level IX person felony punishable by up to 17 months in prison for Category A, and  unlawful voluntary sexual relations involving voluntary lewd fondling and touching is a Level X person felony punishable by up to 13 months in prison for Category A.

Indecent Solicitation of a Child and Aggravated Indecent Solicitation of a Child — Indecent solicitation of a child is a Level VI person felony punishable by up to 46 months in prison for Category A, and aggravated indecent solicitation of a child is a Level V person felony punishable by up to 136 months in prison for Category A.

Electronic Solicitation — When an alleged offender believes a child is at least 14 years of age, electronic solicitation is a Level III person felony punishable by up to 247 months in prison for Category A, but when an alleged offender believes a child is less than 14 years of age, electronic solicitation is a Level I person felony punishable by up to 653 months in prison for Category A.

Sexual Exploitation of a Child — This can be either a Level III person felony punishable by up to 247 months in prison for Category A or Level V person felony punishable by up to 136 months in prison for Category A.

Adultery — Adultery is a class C misdemeanor punishable by up to one month in jail and a fine of up to $500.

Unlawful Sexual Relations — Depending on the alleged offender, unlawful sexual relations can be either a Level IV person felony punishable by up to 172 months in prison for Category A or Level V person felony punishable by up to 136 months in prison for Category A.

Lewd and Lascivious Behavior — When committed in the presence of a person 16 years of age or older, lewd and lascivious behavior is a class B misdemeanor punishable by up to six months in jail and a fine of up to $1,000. If committed in the presence of a person less than 16 years of age, lewd and lascivious behavior is a Level IX person felony punishable by up to 17 months in prison.

Internet Trading in Child Pornography and Aggravated Internet Trading in Child Pornography — Internet trading in child pornography is a Level V person felony punishable by up to 136 months in prison for Category A and aggravated internet trading in child pornography is a Level III person felony punishable by up to 247 months in prison for Category A.

Keep in mind that certain offenses are considered “off-the-grid” person felonies, and these crimes are subject to different punishments.

Aggressive Defense When You Need It Most

Numerous defenses are possible in sex crime cases. Often, it can be difficult for a prosecutor to obtain physical evidence, with an alleged victim’s statement as the sole basis for criminal charges.

Some cases can involve disputes about consent. It is critical for an alleged offender to understand that any claims from an alleged victim about willingness to “drop the charges” is usually meaningless, as only prosecutors have the power to make filing decisions.

Were you arrested, or do you think that you could be under investigation for an alleged sexual offense in Wichita or a surrounding area of Kansas? You’ll want to have an experienced criminal defense lawyer on your side as soon as possible to help explain the process to you and build a convincing case on your behalf. Remember that a criminal charge does not mean that you will automatically be convicted, and the right attorney could help minimize the damage these accusations can have on your life.

Pratt Law, LLC aggressively defends individuals accused of sex crimes in Kansas and can fight to get your charges reduced or dismissed. You can have our attorney review your case when you call (316) 262-2600 or contact us online to set up a free consultation.