Child sexual abuse or child molestation is an umbrella term used to describe when an adult uses a child for sexual stimulation. In the United States, when an adult engages in sexual activity with a child, the adult is in violation of the law and subject to criminal penalties. Each state has adopted its own laws criminalizing sexual acts with minors; in the state of Kansas child molestation is covered under Section 21-5506, Indecent Liberties with a Child: Aggravated Indecent Liberties with a Child.
What is Indecent Liberties with a Child in Kansas?
In Kansas, this offense involves either of the following actions taken with a child over the age of 14, but younger than 16:
- Any type of lewd fondling or touching of either the child or the offender or both; or
- Soliciting the child to engage in lewd fondling with the offender or another.
Aggravated Indecent Liberties with a Child
Under certain circumstances, the sexual acts are considered more severe and are therefore classified as "Aggravated Indecent Liberties with a Child," and these include:
- Engaging in sexual intercourse with a child who is 14 but younger than 16; or
- Any nonconsensual lewd fondling of the child or the offender, or both; or
- Causing the child to engage in lewd fondling or touching of another.
When the child is under the age of 14, engaging in the following acts is also categorized as "Aggravated Indecent Liberties with a Child," and these include:
- Any lewd fondling or touching of the child or the offender, done for the purpose of arousing or satisfying the sexual desires of the child or the offender, or both; or
- Soliciting the child to engage in lewd fondling or touching of another person with the intent of arousing or satisfying the sexual desires of the child or the offender, or both.
In the state of Kansas, indecent liberties with a child is a level 5 felony offense; aggravated indecent liberties with a child (having sex with a child aged 14 but less than 16) is a level 3 felony; engaging in lewd fondling with a child aged 14 but less than 16 without their consent is a level 4 felony; and engaging in lewd fondling with a child below the age of 14 is a level 3 felony offense.
Kansas Felony Sentencing Can Ruin Your Livelihood
In Kansas, the penalties for Aggravated Indecent Liberties with a Child (sexual intercourse with a child aged 14 but less than 16) is up to 61 months in prison and a maximum $300,000 fine. The penalties for Aggravated Indecent Liberties with a Child <14 (lewd fondling) include up to 61 months in prison and a maximum $300,000 fine.
If you or someone you love has been accused of child molestation, it's vitally important that you contact a Johnson County child molestation attorney from Martin & Wallentine right away. As you can see the sentencing and penalties for committing a sexual act against a minor are particularly harsh, and not only that but indecent liberties with a child and aggravated indecent liberties with a child are two offenses that require mandatory sex offender registration.
Once someone registers as a sex offender in Kansas, their information is made public by the Kansas Bureau of Investigation (KBI), which has established a website specifically to facilitate public access to information about anyone who has been convicted of certain sex, violent and drug offenses. The website is updated every fifteen minutes and the KBI makes every effort to keep their information complete, accurate and up-to-the-minute. Mandatory sex offender registration has lasting negative consequences, all of which can destroy your reputation and your career; therefore, landing on this registry should be avoided if at all possible.
Call (913) 764-9700 Today to Get the Defense You Deserve
Are you being accused of having inappropriate sexual contact with a child? At Martin & Wallentine, LLC, our Johnson County sex crime attorneys understand what you are going through and we want to shield you from the severe consequences of such accusations. Unfortunately, innocent people are frequently accused of child molestation and this can happen in a bitter child custody dispute or it can even occur when the child is coached by another parent or family member to lie about the accused. In any case, these accusations cannot be taken lightly and they require a tough and skilled defense.
If you are facing criminal charges for child molestation or any other sex offense, we urge you to contact an Johnson County sex crime attorney from Martin & Wallentine, LLC at once to discuss what types of defense strategies we would employ in your case!
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