Some crimes are viewed upon with enough disdain to warrant both charges from state and federal authorities. One such offense is child pornography or the sexual exploitation of a child. The laws on this subject across the nation are clear, concise and extremely harsh to those in violation of them but each state defines the offense individually and places its own punishments on offenders within its borders. In Kansas, what is known commonly as child pornography is referred to as the sexual exploitation of a child. Kansas Statutes § 21-3516 defines the offense as enticing, using or employing a child under the age of 18 to perform or engage in sexual activity for the purpose of promoting the performance. This refers to the actual creation of pornographic material including a child.
Depending on the age of the child, an adult over 18 years of age that is convicted of sexually exploiting a minor may face up to 20 years in prison. Generally speaking, the punishment is slightly decreased if the alleged victim of the crime is still under the age of 18 but over 14 years of age. Any victim that is under the age of 14 is considered a child. Sexual exploitation of a child, as opposed to a minor over 14 years of age, is known in Kansas as an offense against Jessica's Law. A first offense of Jessica's Law will cause the defendant to face life in prison without the possibility of parole. This reflects just how serious child pornography and exploitation is taken in Kansas.
There are also criminal offenses regarding the possession of child pornographic material. While this charge is not quite as serious as being accused of producing child pornography, individuals can face harsh punishment for simply being in possession of or viewing this material. In general, possession of child pornography is the same type of charge as production of the material involving a minor over 14. These offenses are level 5 felonies in Kansas, carrying punishments of up to 136 months in prison.
Some child pornography cases may be taken to the federal court depending on the nature of the victim and any aggravating factors present in the case. In this case, the defendant would be subjected to imprisonment in a federal prison as well as other added punishments.
If you have been accused of sexual exploitation of a minor or child, it is impertinent that you contact a Johnson County criminal defense attorney as soon as possible.