While all sex crimes are pursued by prosecutors with the intention to gain convictions, offenses involving children, such as indecent liberties, are taken even more seriously. Taking indecent liberties with a child is a felony offense in the state of Kansas and can be prosecuted as either indecent liberties with a child or as aggravated indecent liberties with a child. These charges do not necessarily require physical contact.
What is Indecent Liberties with a Child?
Generally, an individual can be charged with indecent liberties with a child if any lewd physical contact was made or any attempt or solicitation to engage in lewd physical contact was made
Aggravated Indecent Liberties
Kansas Statutes § 21-5506 states that aggravated indecent liberties can be charged when sexual intercourse occurs or when lewd physical contact or solicitation is committed against a child under the age of 14.
Depending on the charge and the circumstances involved, felonies can range from severity level 3, 4, and 5 person felonies or off-grid person felonies.
Non-Aggravated Indecent Liberties
Under Kansas law, non-aggravated indecent liberties applies to cases involving children over the age of 14 but younger than 16.
As indecent liberties allegations primarily involve children under the age of 16, cases are difficult to defend because children of this age, by law, do not have the right to give consent. A favorable resolution will be hinged on a thorough investigation into all the relevant facts, witness testimony and preserved evidence. In addition, given the severe sentences posed by sex crimes, many of these cases extend into the trial phase.
Sentences for Indecent Liberties with a Child
The penalties for indecent liberties with a child in Kansas are serious. Aggravated indecent liberties with a minor carry the most sever consequences.
These Penalties Include:
- Level 3 felony - Indecent liberties with a child between 14 and 16 years old, or lewd fondling ( molestation) of a child under 14 years old.
- Up to 20 years in prison.
- Level 4 felony - Aggravated indecent liberties, involving lewd fondling or molestation of a child between 14 and 16 years of age, without their consent.
- Up to 14 years in prison.
- Level 5 felony - Indecent liberties involving the offender and a child between the ages of 14 and 16 engaging in lewd fondling and lewd touching of one another.
- Mandatory registration as a Kansas sex offender
What is Kansas's “Jessica's Law?"
Kansas's “Jessica's Law” states that, if an offender is over the age of 18 and the victim of the offense is under the age of 14, the offense will be prosecuted as an off-grid person felony. This type of felony is punishable by a lifetime prison sentence, without the possibility of parole for 25 years.
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