Kansas City, Kansas sex crimes Attorneys

Sex Crimes Attorneys

Being convicted of a sex crime is devastating on many levels. In addition to stiff criminal penalties, it can also lead to the loss of your family, friends, and reputation. On top of that, the Kansas Bureau of Investigation (KBI) is required by the Kansas Offender Registration Act to publish an online registry of all people who have been convicted of a sex crime in the state. Many of those convicted of sex crimes in Kansas must be registered for life.

If you’ve been falsely accused of a sex crime, contact our criminal defense attorneys at SRC Law Group, LLC immediately. Our experienced team can evaluate evidence such as DNA, computer and cell phone analysis and witnesses and work on getting your case dismissed.

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Why Hire an Attorney for Sex Crime Charges?

When it comes to court proceedings, it's always a good idea to hire a lawyer to help you through the process. When the charges are as serious as sex crime allegations, it's important to be in contact with someone who understands the laws unique to your state and can help get your charges reduced or dismissed altogether.

Hiring a Sex Crimes Attorney.

Attorneys know how to represent those facing serious charges. Attorneys have spent years in school studying the law, and with this knowledge, they can help you identify ways to defend your rights.

Since the everyday person doesn't have this extensive knowledge of the legal process, hiring an attorney will help defendants build a case to fight charges made against them.

Ways an Attorney Can Help.

Attorneys will assist you through the entire legal process. This typically begins with an initial consultation. During this meeting, your attorney will discuss strategies they have used in the past to defend clients successfully, and which ones they may use for your unique situation.

During the court proceedings, your attorney’s ultimate goal is to prove your innocence, and they will work relentlessly with you to do so.

Facing a Sex Crime Charge?

If you’re facing a sex crime charge, our Kansas City defense attorneys at SRC Law Group, LLC are here to help. We use our 25+ years of combined legal experience to the benefit of our clients, and we’re here to assist you, too.

Understanding Kansas Sex Crimes

Surprisingly, every state’s laws are different, which means Kansas defines crimes differently than other places. However, just as all other states in the U.S., Kansas has laws on sex crimes. For the sake of understanding the rules, we at SRC Law Group, LLC decided to explain Kansas sex crimes plainly.

Sexual Battery

Sexual battery is a sexual crime involving the touching of a victim without his or her consent. Sexual battery occurs when a person older than 16 years of age sexually touches another individual without his or her consent (even in dating relationships.) However, sexual battery charges do not apply to spouses of offenders.

Generally speaking, this crime occurs when there is no consent from the recipient of sexual behavior. Therefore, in most circumstances, the perpetrator is one who forcibly touches the victim to arouse him or her sexually.

In Kansas, this crime is a Class A person misdemeanor and can result in penalties, including a $2,500 maximum fine and up to a year of jail time.

Aggravated Sexual Battery

Aggravated sexual battery is similar to sexual battery but only applies to specific scenarios.

Aggravated sexual battery is the same crime as sexual battery, but includes one of the following circumstances:

  • The victim is overcome by force or fear; or
  • The victim is unconscious or physically powerless; or
  • The victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by, or was reasonably apparent to, the offender.

Aggravated sexual battery is a level 5 felony in Kansas which carries a penalty of 34, 32, or 31 months in prison and a fine of up to $300,000.

Rape

In Kansas, rape occurs when a person forces sexual intercourse on a victim who is powerless, fearful or unconscious. Additionally, rape applies to sexual intercourse with a person who is unable to consent due to having a mental disability or who is under the influence of drugs or alcohol.

The crime is charged as a level 1 felony, which carries a penalty of up to 165, 155, or 147 months in prison upon conviction.

While similar, there is a big difference between rape and statutory rape.

Statutory Rape

Kansas labels statutory rape as unlawful voluntary sexual relations. A person can face charges for unlawful voluntary sexual relations if they engage in sexual intercourse with a child older than 14 but less than 16-years-old and the perpetrator is older than 18 at the time.

Unlawful voluntary sexual relations can result in the following criminal charges:

  • Level 8 person felony for voluntary sexual intercourse;
  • Level 9 person felony for voluntary sodomy;
  • Level 10 person felony for voluntary lewd fondling or touching.

Lewd and Lascivious Behavior

Lewd and lascivious behavior is a sex crime where the perpetrators engage in sexual intercourse in front of others who didn’t consent to watch. Additionally, lewd and lascivious behavior includes acts of indecent exposure (revealing one’s sexual organs to others without their consent.)

When committed around people 16 years of age or older, authorities charge the accused with a Class B misdemeanor. However, if the victim is under the age of 16, then the charge results in a level 9 felony.

What Is Lewd and Lascivious Behavior?

Lewd and lascivious behavior is defined as performing consensual sexual intercourse, sodomy, and/or exposing a sex organ for sexual gratification in public. Some of the most common examples of this are: indecent exposure, sex in public, public urination, & public nudity charges.

Indecent exposure

When a person exposes himself/herself in a public area where it is possible for someone else to see it.

Sex in Public

When a person performs sexual intercourse with someone else in an open or public area, including inside a motor vehicle since there is a chance another individual might see the act.

Public urination

Urinating in public can also lead to lewd and lascivious behavior charges since a person exposes their private body parts, but not for sexual gratification purposes.

Public nudity

When a person engages in “streaking” or intentionally exposes private body parts in a public area.

Public Space

When we think of sex crimes, rape or child pornography often come to mind due to the seriousness of such offenses. Contact our firm today for more information.

A public space is considered an area which is potentially available to the public. Even a person believes a specific area is private, such as an office building, such a place can still be viewed as public because other people are able to come into the space and see whatever is happening.

Lewd and Lascivious Penalties in Kansas City

If a person commits engages in lewd and lascivious behavior in the presence of another who is 16 years of age or older, it is a Class B misdemeanor that results in a maximum six-month jail term and a fine no larger than $1,000 if convicted.

If the person who sees the lewd and lascivious behavior is under 16 years old, it is a Level 9 felony, punishable by a prison term of up to 13 months and a maximum $100,000 fine, as well as registration as a sex offender in some circumstances.

If you have been charged with lewd and lascivious behavior, it is imperative to obtain legal representation from an experienced lawyer. At SRC Law Group, LLC, we understand how an accusation of a sex crime can ruin your personal life and professional reputation. Our criminal defense attorneys can help you either get your charges dismissed or reduce the charges/penalties you face.

Kansas Dating Laws

The “age of consent” is the age at which the law considers someone old enough to be able to give informed consent to sexual activity. This means someone below this age is incapable of giving their consent, and therefore sexual intercourse or other sexual activity with someone below this age is automatically considered to be non-consensual. As a result, any sexual acts involving someone below the age of consent is classified as a “statutory rape” crime.

Knowing the age of consent can help a lot of people avoid possible criminal consequences, particularly teenagers and young adults who may be involved in romantic relationships around these ages. What many people also don’t realize is that the “age of consent” varies from state to state. Let’s take a closer look at Kansas’s laws to help you better understand what they say and how you could be charged for violating this statute.

“Statutory Rape” or “Sex With a Minor?”

According to Kansas criminal law, the age of consent is 16 years old. That means anyone aged 15 and below cannot give legally-recognized consent to sexual activity, and any charges levied due to sexual conduct with someone 15 and below will be considered “statutory rape.” This crime carries much heavier penalties, as it is automatically considered a level 3 felony. If the victim is aged 14 or younger, the perpetrator could face level 1 felony charges, the most serious level in the Kansas justice system.

For those aged 16 to 18, however, they are legally allowed to give consent to sexual activity. However, this does not necessarily make sex with someone this age legal. The only thing this means is that consensual sexual contact or intercourse with someone in this age range cannot be charged as statutory rape. However, it can carry charges of “aggravated indecent liberties with a child,” which is a level 3 felony.

Consent is now one of the buzzwords of the American public. Every news source, every tabloid, and every celebrity blogger is more than familiar with the use of this term. Despite its relevance in modern media, many people are still unclear as to the exact definition of Kansas consent. SRC Law Group, LLC made this page to help educate people who want to know the actual definition of consent.

Interestingly, consent in Kansas is not a clearly defined legal term. However, we can deduce the legal definition of consent by examining the laws that deem an act as a sex crime.

Consent in Kansas is:

  • Not attainable through force or fear;
  • Not attainable if the person is unconscious or physically powerless;
  • Not attainable if the victim is incapable of consenting to an action due to mental deficiency, outside stimuli like drugs and alcohol, or any other condition that would understandably deny consent;
  • Not attainable through misrepresentation of the sexual act as a medically or therapeutically necessary procedure;
  • Not attainable through misrepresentation of the sexual act as a legally required procedure within the scope of the offender’s authority;
  • Not viable if consent is withdrawn during the act.

In some states, silence to a proposition of a sexual act is not an admission of consent to that act. However, in Kansas, silence can be deemed as consent to a behavior given the silence does not stem from fear or force.

Who Can Consent?

In Kansas, the age of consent is 16-years-old: therefore, if someone is younger than 16 years old, they cannot legally give consent to a sexual act. If a 16-year-old sleeps with a 15-year-old, he or she can be charged with statutory rape regardless of the difference in age. Additionally, only people who can understand and withdraw consent are legally able to consent to a sexual act.

Kansas Prostitution Laws

In Kansas and every state in the U.S.—besides some parts of Nevada—it is against the law to engage in prostitution. In addition, it is illegal to pay someone to perform a sexual act or enter a place where prostitution occurs with the intention to engage in a sex act with a prostitute, which is known as patronizing.

In Kansas and every state in the U.S.—besides some parts of Nevada—it is against the law to engage in prostitution. In addition, it is illegal to pay someone to perform a sexual act or enter a place where prostitution occurs with the intention to engage in a sex act with a prostitute, which is known as patronizing.

Patronizing

Patronizing is a class A misdemeanor, punishable by a jail sentence of up to one year and a maximum $2,500 fine. A repeat offense is a severity level 9 felony.

Keep in mind, it is legal to hire an escort for nonsexual purposes. If a person is charged with patronizing, he/she may argue that the alleged prostitute wasn’t hired for sexual activity, but instead for companionship.

Prostitution

Prostitution is a class B misdemeanor that carries a maximum six-month jail sentence and a fine no more than $1,000. However, if the person facing a prostitution charge is a human trafficking victim or under 18 years of age, then these facts can be used as an affirmative defense to the criminal charges.

Promoting Prostitution by Running a Brothel or Recruiting Prostitutes.

Additionally, promoting prostitution by running a brothel or recruiting prostitutes is a severity level 9 felony, which results in a maximum 13-month prison sentence for a first offense. A repeat offense is a severity level 7 felony, which can lead to a maximum 26-month prison term.

To be convicted of promoting prostitution, you must be aware that prostitution is taking place. If the defendant wasn’t aware of such upon arrest, he/she cannot be charged with promoting prostitution.

What To Do When Facing False Sexual Assault Allegations.

False sexual assault allegations can tarnish reputations, ruin relationships, end businesses and jobs, sever ties with an educational institution and even result in jail time. It is easy to make false accusations and many people do it, whether it’s a child who wants attention or an adult who is seeking revenge. With so much on the line, it is important you know what steps to take in order to protect your rights and clear your name.

  1. Seek proper legal representation if you find yourself on the wrong end of false sexual assault accusations. An attorney can discuss your case, investigate the allegations, and fight on your behalf.

  2. Gather any evidence that may be redeeming. That could come in the form of recorded phone calls, text messages or emails that may show the person making the false allegations, telling the truth. You may also have witnesses or photos/videos of the alleged incident that can prove your innocence.

  3. Stay off social media while your case is going on. Anything you say online can and will be found by the opposing attorney, which can be used against you, even if it has nothing to do with the case. In addition, make your social media private to avoid anyone digging up inflammatory comments you made in the past.

  4. Take the accusations seriously. Talk to your attorney about what you need to do to put yourself in the best position to succeed, whether that means staying away from your accuser or not speaking to the police without your lawyer present.

False Accusations Destroy Lives

“Innocent until proven guilty” is more than a crime drama quote, it’s the foundation of the American justice system. Unfortunately, some people accused of sexual assault or domestic violence are proven guilty despite their innocence. These scenarios are extremely serious, and they often destroy the lives of the accused. Read the stories below to learn just how devastating false accusations can be.

Cornerstone Caroline

In October of 2018, a young boy in New York was accused of sexual harassment by a woman during a routine shopping trip with his mother.  As the boy walked down an aisle of the store, his backpack bumped into a woman who then accused him of groping her. The woman made a scene and called police and asked them to investigate the situation. Six days after the incident, video evidence proved the boy’s innocence, and through tears, the boy said that the event has made him think about life differently. Quite a traumatic experience for a nine-year-old boy, but luckily, the video evidence doesn’t lie.

Connecticut Football Accusation

In 2016, two young college football players were forced to leave their school and their team when a woman accused them of rape. While the three did have a sexual encounter, the woman reportedly told the police she was raped so she wouldn’t lose a potential boyfriend. This accusation forced the players to lose their scholarships to the school, and they were subsequently expelled. Fortunately, justice prevailed in this story, and the woman was sentenced to a year in jail for her made-up story.

Decades of Imprisonment

Two men accused of rape in 1991 were finally acquitted of the crime in May of 2018. Decades after a fabricated story of rape at knife-point, a man who faced 26 years in prison and another man who faced 11 years in prison were finally given their innocence back. The woman who accused them of rape held on to the secret of these men’s innocence for more than 25 years and each one paid a significant price. Although their innocence is proven, the men lost a combined 37 years of life due to the woman’s claim.

As you can see, false accusations destroy lives. If you or a loved one have been the victim of a false accusation of sexual assault, SRC Law Group, LLC can help.

Sexual Conduct With Minors

In Kansas, a person who participates or engages in sexual activity with a child under 16 years old can be convicted of either statutory rape, sodomy or indecent liberties with a child. While the penalties are quite severe (e.g. prison time, fines, registration as a sex offender), even allegations can cause irreparable damage to your personal and professional reputation.

If you are charged with a sex crime involving sexual conduct with a minor, you must obtain experienced legal counsel from a qualified attorney. At SRC Law Group, LLC, we understand how law enforcement investigate charges, how prosecutors try cases, and judges operate. With more than 25 years of collective experience, our criminal defense lawyers have practiced law in both Kansas and Missouri in all federal courts. Let us guide you through the complexities of the legal system so you can get the results you want.

Kansas Statutory Rape Laws and Penalties

In Kansas, statutory rape is defined as engaging in sexual intercourse with a child under the age of 14. However, if a child is under 16 years old but over 14, it is considered unlawful voluntary sexual relations, which is a less serious criminal offense.

Engaging in sodomy (anal or oral sex) with a child under 16 years old is also a criminal offense. When the child is under 14 years of age, sodomy is punished more severely. Indecent liberties occur with a child by engaging in any sexual activity with a child over 14 years old, but under 16 years of age.

Statutory rape and sodomy is an off-grid person felony (if the defendant is 18 years of age or older), which is punishable by life imprisonment and a maximum fine of $500,000. If the defendant is under 18 years old, the crime is considered a severity level 1 person felony, which is punishable by a maximum prison sentence of 653 months (early 54 and a half years) and a fine of up to $300,000. Sodomy of a child between ages 14 and 16 is a severity level 3 person felony, punishable by a maximum prison sentence of 247 months (over 20 and a half years) and a fine of up to $300,000.

Indecent liberties

Indecent liberties is a severity level 5 person felony, punishable by a maximum prison sentence of 136 months (nearly 11 and a half years) and a fine of up to $300,000. If sexual intercourse was involved, it is a severity level 3 person felony.

Furthermore, those convicted of any of the sex crimes mentioned must register as sex offenders.

Romeo and Juliet Laws

Kansas is a unique state in that they do not have a “close in age” exemption, or what’s more commonly known as a “Romeo and Juliet” law. These laws are essentially designed to protect knowing and consenting teenagers or young adults who wish to engage in consensual sexual activity from criminal prosecution, provided they are within a certain age range of each other.

What this essentially means is even those who are between the ages of 16 and 18 could both be prosecuted for indecent liberties with a child, though this is extremely rare. This also means that a 16 year old could face statutory rape charges for having intercourse with a 15 year old significant other. The charges could even be upgraded to level 1 felony if they have sex with a 14 year old.

The story of Romeo and Juliet is one that many of us are familiar with-- a tale of young love. What many people don’t know, however, are the laws in place in many states with the same name.

Close in Age Exemptions

Some states have “Romeo and Juliet laws,” better known as close in age exemptions. These laws allow individuals under the age of consent to have legal sexual intercourse with an older partner by protecting them against the harsh legal penalties that are typically associated with violating the age of consent law.

Unfortunately, Kansas is one of the states that has no Romeo and Juliet laws. In Kansas, the age of consent is 16, and there is no close in age exemption available.

What does this mean?

It means that, in Kansas, any individual who is 15 or younger cannot legally participate in sexual activity of any kind. Doing so could result in statutory rape charges, which could lead to a long legal battle.

Statutory Rape

Statutory Rape - Statutory rape is consensual sexual intercourse with an individual who is under the age of 16.

Although the intercourse may have been consensual by both parties if one individual is under the age of consent, their consent has no legal power; essentially rendering it useless. Being found guilty of statutory rape could lead to having to register as a sex offender along with fines, and in some cases, jail time.

It’s important to note, however, that while Kansas has no Romeo and Juliet exemption, individuals are punished much less severely than they would for sexual contact between a child and an adult (Kansas Statute § 21-5507).

Fighting Back Against Statutory Rape

Even if the alleged victim gave their consent at the time, Kansas law dictates that those under the age of consent cannot legally have sexual intercourse with another. The lack of a “close in age” exemption makes these charges extremely difficult to navigate, and could have a lifelong impact on a teenager who may not know any better.

If you find you are facing charges of statutory rape, aggravated indecent liberties with a child, or any other sex crime in which a minor was involved, regardless of whether you are an adult or teenager, you should retain a Kansas sex crimes lawyer as soon as possible for help navigating the complicated criminal justice system. SRC Law Group, LLC has more than 25 years of combined legal experience they can put to work protecting you and your rights from the harshness of the criminal justice system. We treat you with the respect you deserve and give your case the attention and care you expect from an attorney who has earned such prestigious honors as being selected to Super Lawyers® and being named one of the Top 100 Trial Lawyers by The National Trial Lawyers.

What Happens if I Didn’t Know They Were Underage?

While there are plenty of benefits to using Tinder and similar apps, they can also cause a lot of “catfishing” scenarios. People take a lot of liberties with their identities online, changing their personas, physical features, and even their ages to be more attractive to potential suitors. While most of these changes are harmless in the eyes of the law, the age change factor may have huge ramifications. So what happens if you sleep with a minor when you didn’t know they were underage?

Can I Get Charged If I Didn’t Know?

In short, the answer is yes. If you are involved in sexual conduct with a minor, even if you didn’t know they were a minor, you could face criminal charges. A Kansas government-run juvenile crimes website states, “All that matters for you to be found guilty is how old they were at the time of the offense. Not how old you thought they were or how old they told you they were, but how old they actually were.”

It is crucial to note that even if the minor tells you they aren’t a minor, you could still be charged for statutory rape! Their deceit does not impact the legal implications of your actions.

What Should I Do to Prevent Underage Sexual Misconduct Charges?

Here are some tips to keep you safe from underage sexual misconduct:

  1. Never send lewd photos to someone you’ve never met! This is crucial to keeping you safe, as sending lewd photos to a minor (even if you didn’t know their age) can have huge ramifications on your life!
  2. If you’re unsure if your date is of age, ask to see their ID. While asking for an ID may not be “sexy”, it’s better to be safe than sorry!
    Refuse to have sexual relations with someone who isn’t willing to show you their ID. While your date may have their reasons for not showing you their ID, make sure the night stays platonic until they can prove their age.
  3. If you’re unsure if your date is of age, ask to see their ID. While asking for an ID may not be “sexy”, it’s better to be safe than sorry!
  4. Refuse to have sexual relations with someone who isn’t willing to show you their ID. While your date may have their reasons for not showing you their ID, make sure the night stays platonic until they can prove their age.

This possibly shocked you, as you realized you may have broken the law in the past. If this is the case, make sure you check the age of your online “friend”/date before things get sexual from now on. If you are ever accused of sexual misconduct with a minor, online or otherwise, contact SRC Law Group, LLC for a free consultation for your case.

College Students Accused of Sex Crimes Need an Attorney ASAP.

Accusations of sexual misconduct are common, and allegations are often more pervasive in college settings. In fact, many students find themselves accused after seemingly consensual sexual encounters.

Facing a sex crime accusation is an incredibly distressing experience, but you need to resist your first instinct to explain yourself to authorities. Even when you know you are innocent of all criminal allegations, you should exercise your right to remain silent and retain legal counsel.

Immediate Repercussions

In the legal world, you are innocent until proven guilty. Therefore, there are no legal repercussions until the case is resolved; however, this doesn’t apply to administrative penalties from schools. Schools have a habit of disciplining students accused of sexual misconduct before they are proven guilty.

This means that innocent students are getting wrongfully expelled. For this reason, any student accused of sexual misconduct should contact an experienced sex crimes attorney as soon as he or she finds out about the accusation!

Contact an Attorney Now

When accused, you’ll want an experienced Kansas City attorney who can aggressively defend you against criminal charges. A sex crimes lawyer can conduct a complete investigation into the incident and help secure the evidence needed to defend your case.

No matter what sex crime you are facing, remember that a prosecutor is required to prove your guilt beyond a reasonable doubt, the highest legal standard. SRC Law Group, LLC has handled a wide variety of sex offense cases and can help you with yours.

Sex Offender Registration

For most faced with sex offender registration, this consequence feels, in some ways, just as bad if not worse than the actual time they serve in prison or in serving out other punishments. When an individual is trying to re-enter society and put a “normal” life and routine back together, sex offender registration can severely impede progress, often making the convicted sex offender feel trapped and depressed.

To make matters worse, if any of the sex offender registration requirements set forth by the State of Kansas are not met, punishments can grow more severe. It’s important to discuss your situation with an experienced and trusted Kansas City sex crimes defense lawyer who can make sure that all your requirements are being met and that you have the best chance at a secure future. Should you hire SRC Law Group, LLC, you will benefit from the experience and insight of a former prosecutor with years of experience. In addition, we offer free case consultations to get you started off on the right foot!

Sex Offender Registration Requirements.

Kansas laws state that a convicted sex offender must report to the law enforcement agency conducting registration (in the county that the sex offender resides in, goes to school in, or is employed in) four times per year.

Depending on their crime, sex offender must register for:

  1. 15 years or
  2. 25 years or
  3. Life

In addition, the sex offender must report any changes of information, such as change of address or change of employment, as well as all email addresses or online profiles. A more comprehensive list of the duties of a registered sex offender is outlined on the Kansas Bureau of Investigation’s website.

Failure to Register as a Sex Offender.

Failing to register as a sex offender or failing to follow the requirements set forth by Kansas laws can result in serious penalties. For every 30 days that the offender remains “non-compliant”, a new violation will be recorded. It is crucial to remain on top of your registration requirements and make every effort to comply.

The sex offender registration system can be a significant burden, especially if requirements are not met. With an experienced Kansas City sex crime lawyer on your side, you can make sure that you are protected and that you are updated on changes in registration laws in Kansas. If you have not been convicted of a sex crime but are facing charges, get started on your defense as soon as possible.

What Crimes Require You to Register as a Sex Offender?

If you are convicted of a sex offense in the state of Kansas, depending on the nature of your crime you might be required to register as a sex offender. This means your information (including your address) will be placed into a database that the public can access, and your charges will appear in any background inquiries, including those performed by potential employers. However, not every offense requires registration, and what crimes do and do not have this requirement is fairly unclear. Let’s take a look at how the state of Kansas determines what crimes require sex offender registration.

Conviction Date

The first requirement for sex offender registration is that person in question be convicted of their crime on or after April 14, 1994. However, that date moves forward if the person in question is a juvenile who is adjudicated on or after July 1, 2002. For those who were convicted before this date and are unsure as to whether or not they should be registering as a sex offender, speak with an attorney to find out whether or not you should be required to do so—odds are if you have not been informed that you should be registering as an offender, you probably don’t have to.

The terms of these laws are fairly more complex than what can be stated here, however, so it’s strongly advised you let a Kansas City sex crimes attorney review your case to inform you whether or not you will be required to register as a sex offender.

Type of Crime

According to KSA 22-4902, a “sex offender” includes anyone who is convicted of a “sexually violent crime,” or has been determined to be a “sexually violent predator.” Essentially what this means is any form of crime that involves force will mandate registry. A good rule of thumb: if you’re facing felony charges, you’re probably going to be required to register as an offender.

You will be required to register as an offender if you are convicted of any of these charges:

  • Rape
  • Criminal sodomy
  • Aggravated sexual battery
  • Aggravated incest
  • Unlawful sexual relations
  • Aggravated human trafficking (if committed for sexual gratification)
  • Kidnapping (if for the purposes of sexual gratification)
  • Attempting a sexually violent crime

You will be also required to register as a sex offender if you are involved in prostitution in any way, including soliciting a prostitute, offering prostitute services, or promoting prostitution (also known as “pimping and pandering”).

Offenses with Minors

If minors are involved with a sex offense, odds are you’re probably going to need to register as a sex offender if you’re convicted. However, even entirely consensual sexual acts with a minor can warrant criminal consequences. Kansas code 22-4902.4 states that the following crimes require registration when one of the parties involved is less than 18 years of age:

  • Adultery
  • Criminal sodomy
  • Promoting prostitution (when the promoter is over the age of 18)
  • Patronizing a prostitute (when the prostitute is under the age of 18)
  • Lewd and lascivious behavior
  • Sexual battery

Speak to an Attorney

Because so many of these charges require sex offender registration, it’s often confusing whether or not you will be required to register if you are convicted. A Kansas City sex crimes lawyer from SRC Law Group, LLC can help you effectively fight back against your charges to preserve your rights, your freedoms, and your ability to stay off the sex offender registry.

Examining the Kansas Offender Registry

Most people have heard of the Kansas offender registry, but not many understand exactly who has to register and why they have to register. If you ever wondered who has to register, you’ve come to the right place.

Who Has to Register?

Any offender under this chapter of the Kansas Office of Revisor of Statutes must register.

The three main offender groups are:

  1. Sex offenders;
  2. Violent offenders; and
  3. Drug offenders.

Let’s break down each category to understand better the individuals who have to register.

Examples of those who have to register as sex offenders include those convicted of:

  • Sexually violent crimes including rape, criminal sodomy, sexual battery, etc.;
  • Certain sexual offenses with someone who is less than 18 years old;

Examples of those who have to register as violent offenders include those convicted of:

  • Capital murder;
  • Voluntary manslaughter;
  • Kidnapping;
  • Person-related felonies while using a deadly weapon.

Examples of those who have to register as drug offenders include those convicted of:

  • Unlawful manufacture or attempting such of any controlled substance;
  • Possession of certain drugs like ephedrine, red phosphorus, lithium metal, sodium metal, etc.;
  • Sale of certain drugs like opiates, depressants, stimulants, etc.

Now that you know who has to register, it’s time to learn about some of the things the registered has to do.

Duties of a Registered Offender.

Registered offenders must fulfill certain requirements such as:

  1. Registering with local law enforcement agencies four times a year;
  2. Maintain employment or attend school;
  3. Annually renew a driver’s license or state identification card;
  4. Registration may be required for more than a decade for many convictions.
  5. State status as an offender if receiving inpatient treatments.

As you can see, those on the Kansas registry have to jump through many hoops to stay within the requirements of the law. If you or a loved one is registered but are accused of failing to follow your requirements, SRC Law Group, LLC can help.

Is Sex Offender Registration Permanent?

Sex crimes are extremely serious in nature for a number of reasons. In addition to the immense social stigma attached to these cases as well as the damage to the accused’s reputation (which doesn’t always go away entirely even if they are found completely innocent and the case is dropped), you could face serious penalties if you are convicted, including being required to register as a sex offender for the rest of your life. Registering as a sex offender essentially involves disclosing your information, including your name and home address, on a database that’s publicly accessible. Your neighbors, law enforcement, potential employers, and anyone else who is interested in knowing your past will be able to search this database and find your entry.

As you can imagine, this can have serious consequences for years to come, but how many years? Is this requirement permanent? What can you do to clear your name and try to rectify your history? Let’s take a look at just how permanent sex offender registration can be.

Sex Offenses and Expungement

Being required to register as a sex offender is a serious penalty and it could last for the rest of your life if you don’t do anything about it. Depending on the nature of your case, you could be required to for the rest of your life. That being said, sex offender registration doesn’t have to be permanent. In the state of Kansas, it is possible to remove some lower-level sex offenses from your criminal record through the expungement process.

If you are required to register as a sex offender, having the offense expunged means you could be freed from your responsibility of registering every year. You should speak with an attorney about this option, as you may or may not qualify for expungement, and there’s also no guarantee that expungement will rescind your order to register. An experienced Kansas City sex crimes attorney can help you successfully petition the court when it comes to expungement cases and help you work to end your registration requirement.

There’s also another catch: while expungement can have your order to register lifted, it does not remove any previous sex offender registries from your history as well. Sex offender registrations are permanent, and cannot be removed from your public history by any process. Removing your name from the sex offender registry means people won’t find your name if they look you up directly, but your public record will still carry your previous records for sex offender registration.

Keeping Your Record Clean

When it comes to sex offenses, keeping your criminal history clean is extremely difficult. If you are convicted or plead guilty, you’ll have to face the penalties. This means the only truly successful way of keeping your record clean when charged with a sex crime is to successfully defend your case, which means you should retain the services of an experienced lawyer who can help you effectively combat your charges.

At SRC Law Group, LLC, we have more than 25 years of experience helping the criminally accused face their charges with confidence. We are aggressive defenders who are dedicated to our clients and their well-being, making their best interests the focal point of all our strategic decisions. No matter what your case involves, we will put the evidence to work on your side, and you can trust your case will be handled with the urgency, professionalism, and tact you’d expect from a top-rated law firm.

Internet Sex Crimes

For just about as long as the Internet has existed, it’s been used for sexual activity, including nefarious and illegal actions that could lead to serious consequences. The laws involving sexual activity online are constantly evolving and adapting, and cases continue to grow more complex. However, if you find yourself facing charges of an Internet sex crime, your future and your rights could be in jeopardy. A guilty verdict could subject you to serious penalties, which means you should not hesitate to speak with a Kansas City criminal defense lawyer about your charges as soon as possible.

The skilled team at SRC Law Group, LLC are highly-experienced and knowledgeable in the area of sex crimes, and keep up to date on the ever-changing world of Internet sex crimes and the laws that govern them.

Our continual dedication to the well-being of our clients have earned us a reputation for success and numerous industry accolades, including a 10.0 Superb rating from Avvo. We firmly believe everybody deserves the best legal representation they can get whenever facing a serious sex crime charge, and our philosophy is to tackle each case with the utmost preparation and willingness to fight for the rights of our clients.

A Wide Range of Offenses

Internet sex crimes come in many different forms, which means the penalties can be as wide ranging as the crimes themselves. Some offenses are considered misdemeanors, which can lead to up to a year in jail, while others could be considered a felony, resulting in huge fines, long jail sentences, and even mandatory lifetime sex offender registration without eligibility for expungement if you are convicted.

Internet sex crimes can include:

  • Prostitution and solicitation
  • Distribution or viewing of child pornography
  • Meeting a minor for a lewd purpose
  • Indecent exposure
  • Child exploitation
  • Sending harmful material to a minor
  • Lewd conduct with a minor

Crimes that involve a minor (anyone under the age of 18) often carry much harsher sentences than those that do not have a minor involved. And perhaps the most difficult part, lack of knowledge about the age of a victim does not constitute a valid defense in most cases. Sending an illicit image of a subject who turns out to be younger than 18 or sending a legal file to someone who turns out to be under the age of 18 could both be charged as a sex crime. This shows just how simple it is to commit one of these actions, and how careful you should be if you choose to use the Internet for adult entertainment purposes.

Can Women Be Convicted of Rape?

In 2014, the FBI released a report saying that more than 73% of those arrested in the United States were males. This doesn’t mean women are entirely guiltless, as they can commit crimes and accounted for 27% of the crimes committed in 2014. However, there is a general belief that women can’t commit the criminal act of rape, but is that true?

Kansas Definition of Rape

In Kansas, rape is defined as sexual intercourse the victim does not consent to under specific circumstances, such as:

  • When the victim is overcome by force or fear;
  • When the victim is unconscious or physically powerless;
  • When the accused knows the victim is naturally mentally impaired or artificially impaired by the effects of alcohol or drugs;
  • When the victim is under 14-years-old.

Under the definitions mentioned above, no distinction exists that prevents women from facing prosecution for rape charges.

A woman could face rape charges

Therefore, a woman could face rape charges if she has sexual intercourse with a partner:

  • who is forced;
  • who is unconscious;
  • who is intoxicated; or
  • who is underage.

As you can see, women can face rape charges if they have sexual intercourse with a partner who fits one of the categories mentioned above.

Can a Woman Face Criminal Charges for Going Topless at Home?

A Utah woman named Till Buchanan is facing three counts of lewdness in front of a child for being topless in her own home in front of her stepchildren.

Each count is a class A misdemeanor in the state, which is punishable by a maximum 364-day jail sentence and fine no more than $2,500. In addition, she could be required to register as a sex offender for 10 years.

In Kansas, lewd and lascivious behavior in front of a minor who is 16 years old or younger is a class B misdemeanor, which carries a jail sentence of up to six months and a fine not exceeding $1,000.

What Happened?
Buchanan and her husband were installing insulation inside the garage while wearing long-sleeved shirts and protective clothing, causing the couple to sweat, itch, and eventually took of their clothes except for their underwear. After Buchanan removed her top, her three stepchildren—two boys, ages 9 and 13, and a 10-year-old girl—walked into the garage and saw her exposed breasts.

Although the kids were initially embarrassed, Buchanan turned the incident into a teaching moment by explaining they shouldn’t be uncomfortable with seeing her chest since they’re fine with seeing their father’s. However, the children’s biological mother became “alarmed” after learning about the incident and reported it to law enforcement.

Is Utah’s Lewdness Law Unconstitutional?
Buchanan’s lawyer filed a motion in court, requesting a judge to determine if the state’s lewdness law is unconstitutional. His argument heavily relies on a 10th Circuit Court ruling, where the appellate court overturned a topless ban in Ft. Collins, CO, after two women filed a lawsuit against the city for the right to publicly go topless.

The court ruling could affect any potential legal cases in Colorado, Utah, New Mexico, Wyoming, Oklahoma, and even Kansas. Buchanan’s attorney accused the state of attempting to condemn his client for performing the same non-sexual act as her husband.

In response, the prosecution argued the 10th Circuit decision resulted in an injunction that blocked the enforcement of a city ordinance, as opposed to a state’s lewdness law. Furthermore, city attorneys said the lewdness statute doesn’t discriminate against gender.

Buchanan’s case is set for November 19.

Legal Defenses to Lewdness
There are several defenses a person can raise after being charged with public lewdness. The most common defense is the lack of sexual motivation.

If a person exposes a private part without a sexual motive, he/she cannot be charged with public lewdness. Common examples include breastfeeding or urinating in public, although the latter may result in indecent exposure charges.

What Constitutes Stalking in Kansas?

Kansas’ Definition of Stalking

Kansas defines stalking as, “ Recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety or the safety of a member of such person’s immediate family.”

As you can see, this definition is relatively vague, but there are a couple of vital components in determining if a string of acts constitute stalking.

  1. The person has to target someone with messages (electronic or written), verbal communication, or any other thing (following someone, etc.) that fits within a stalking definition.
  2. These acts must be committed in a manner that would cause any reasonable person to fear for his or her safety or the safety of an immediate family member.
  3. There must be multiple acts to constitute stalking, as the “course of conduct” is defined as two or more acts over a period of time that evidence a continuity of purpose.

Acts that Constitute Stalking

To better understand what stalking is exactly, we must determine what acts the state of Kansas deems as having the potential to cause fear in a reasonable person. Acts that fall under the definition of stalking include:
  1. Threatening the safety of the targeted person or a member of such person's immediate family;
  2. following, approaching or confronting the targeted person or a member of such person's immediate family;
  3. appearing in close proximity to, or entering the targeted person's residence, place of employment, school or other places where such person can be found, or the residence, place of employment or school of a member of such person's immediate family;
  4. causing damage to the targeted person's residence or property or that of a member of such person's immediate family;
  5. placing an object on the targeted person's property or the property of a member of such person's immediate family, either directly or through a third person;
  6. causing injury to the targeted person's pet or a pet belonging to a member of such person's immediate family;
  7. causing injury to the targeted person's pet or a pet belonging to a member of such person's immediate family;
  8. any act of communication.

As you can see many acts constitute stalking, and if you’re accused of stalking, you’ll want experienced defense on your side.

What makes a relationship last? If you Google this question, “keeping the sexual spark alive” is almost always on the list. While every couples’ sexual appetite is different, many turn to roleplay to keep things fresh in the bedroom. While roleplaying is a great way to spice up your love life, you should be careful because the boundaries of consent still exist.

Consent in Kansas is:

  • Not attainable through force or fear;
  • Not attainable if the person is unconscious or physically powerless;
  • Not attainable if the victim is incapable of consenting to an action due to mental deficiency, outside stimuli like drugs and alcohol, or any other condition that would understandably deny consent;
  • Not viable if consent is withdrawn during the act.

As you can see consent has many stipulations and roleplaying can blur these lines.

RACK, SSC, and Legal Consent

Many role players delve into dominance, submission, and bondage (commonly known as BDSM). While the BDSM community follows tenets such as safe, sane, and consensual (SSC) and risk-aware consensual kink (RACK) sexual practices, the law gives no preference to such tenets.

In other words, the law does not recognize any other tenets other than its own.

Therefore, if someone is involved in BDSM and asks to stop, but the partner continues, the partner could be found guilty of a sex crime.

Safe words and consent

Many role players use “safe words” to denote when they are finished participating in sexual acts. A safe word is a word or phrase that a couple agrees to use if a fantasy pushes past one’s consensual boundaries. The idea behind a safe word is that either party could say anything other than the safe word and still consent to the act that’s taking place.

Therefore, in the world of roleplaying, saying things like stop, quit, I’m done, I don’t like this, and other negative phrases are not signs of displeasure, and the couple will continue the act unless the safe word is used.

Unfortunately, the law does not recognize predetermined safe words as an automatic defense in sex crime cases. Therefore if a partner asks you to stop what you're doing without using a safe word, and you choose to continue, you could be found guilty of a sex crime.

Contracts and Consent

Many people believe that as long as two consenting adults agree to an act and make a contract, then both of those parties have to follow through with the details they agreed to. However, that’s not the case. A “sex contract” is seen as the same as verbal consent, and any party can opt-out of the contract at any time.

Therefore, sex and slave contracts are not legally binding.

If someone continues with an act based on a contract rather than a partner’s consent, he or she could be charged with a sex crime.

Can I Share Consensually Taken Nude Pictures?

Internet trend enthusiasts guesstimate that an average of 1.8 billion digital images are uploaded to the World Wide Web every day. Of the billions of photos out there, many of these are shared on social media pages and through messaging platforms. With all these people sharing pictures over text and social media, it begs the question about the legality of sharing photos containing other people in the buff. Is it legal to share nude photos of others with friends and social media platforms?

Revenge Porn

As almost everyone has a smartphone nowadays, taking an explicit picture and sending it to a significant other is easier than ever before. The question is: can that significant other than share that picture to other people? To answer this question, we have to look at the phenomenon of “revenge porn.”

Revenge porn is when an ex-spouse or significant other posts nude photos of their ex on the internet. This trend started to become popular over time as more and more people uploaded lewd photos of their past lovers to the internet.

Most people see this as a destructive action, so Kansas government officials decided to act.

Kansas Law HB 2501

In 2016 Governor Sam Brownback signed HB 2501, a law that outlawed the posting of nude photos or videos of a person on the internet without his or her consent in Kansas.

A charge under this law is a serious matter; here are the possible convictions:

  • When a person shares a nude photo on the internet without permission, he or she is likely to be charged with a felony conviction of breach of privacy.
  • When a person attempts to blackmail someone else with his or her nude photos, the perpetrator is likely to be charged with felony blackmail: a conviction that can result in up to six years in prison.

As you can see, posting nude pictures of someone on the internet without their permission is a serious offense. If you have previously posted nude pictures of someone without their consent, you should immediately take down the post as soon as possible.

However, many people do not know this law and mistakes can happen. If you or a loved one are accused of a breach of privacy or blackmail charge, it is crucial that you hire experienced criminal law counsel as soon as possible.

In today’s world, when two people are involved in an intimate relationship, sharing romantic texts and other messages can evolve into sharing intimate, sexual images of one another. However, when the relationship heads south, angry partners may sometimes share private photos and videos of their ex—with the purpose of causing embarrassment and shame.

This is known as “revenge porn,” which is defined as sharing images depicting nudity without the consent of the person who was recorded. When private images are made available to the public, the victim can suffer significant damage to their personal life and professional reputation.

So far, there are 37 states that have passed legislation that criminalizes revenge porn, including Kansas and Missouri.

In Kansas, the crime is known as “breach of privacy,” which is defined as knowingly and without consent disseminating any nude or sexual photo, video, or any visual materials of another person who is at least 18 years of age with the intent to harass or intimidate the individual. The crime is a severity level 8 person felony.

In Missouri, a person can be charged for threatening the dissemination of private and sexual photos, videos, and images of another person without consent in order to gain anything of value. The crime is a Class E felony.

Is It Against the Law To Look In Other People’s Windows?

Online dating and dating apps have completely changed the way people go about meeting someone new. Instead of going to a bar, hoping Mr. or Mrs. Right will come and sit next to them, millennials can sit at home scrolling through pictures and bios of those who are also looking for a relationship

While smartphones and the internet have streamlined the dating process, there is a dark side to kindling a relationship with a stranger: you never know they are until you meet them. Unfortunately, no one knows this better than Zach Anderson.

The Story of Zach Anderson

Zach Anderson was 19 years old, and like many people his age, turned to a dating app to find someone special. Unfortunately, the someone special he came across wasn’t who he thought she was.

When Zach and this girl initially started talking, they were flirting with each other, and things moved quickly. That’s when Zach asked the girl her age, to which she responded: “I’m seventeen.” Zach had no reason to believe she was lying, primarily because she was on a dating app for adults. After Zach received her age, he assumed he could pursue an intimate relationship, but he was wrong.

Zach picked up his date and they had sex, but the date’s mother didn’t know where she was, and called the police in response to her missing. When the police answered the call, they were informed that a 14-year-old girl was missing from her house. However, later that night the girl was back at the house, and everything seemed fine, but Zach Anderson would get a surprise nearly two months later.

Zach’s Trial

Two months after the date, Zach was arrested for fourth-degree criminal sexual conduct for having sex with a minor. At first, Zach had no idea what the officers were talking about, but it soon became clear that Zach’s date from two months prior was not honest about her age: instead of being 17, as she told Zach in private messages, the girl was 14.

Even though Zach technically broke the law, his “victim” and her mother were both on Zach’s side. The girl said she felt that nothing should happen to Zach, and the girl’s mother said, “I don’t want him to be a sex offender because he really is not.” It’s not every day that you hear the mother of the “victim” say the person on trial is innocent of the crime.

Zach’s Initial Penalties

Police arrested Zach for fourth-degree criminal sexual conduct and he was subsequently convicted of the crime. Zach spent 75 days in jail and was ordered to register as a sex offender, which came with a strict probation period.

Some of Zach’s initial restrictions included:

  1. Not allowed to own a smartphone or use the internet;
  2. Not allowed to talk to anyone younger than 17 (other than immediate family);
  3. Having to live away from home because it was within 1,000 feet of a public boat ramp;
  4. Home before 8 p.m. every night.

However, due in part to the public outcry over Zach Anderson’s story, he was resentenced from 25 years on the sex offender’s registry to two years of probation.

What This Means for Sex Crimes

This story tells us that not every situation is as criminal as it may first appear. The fact, in this case, was that a 19-year-old slept with a 14-year-old, but when you add the circumstances that lead up to that behavior, it becomes clear that sometimes, the law isn’t black-and-white as many believe.

One of the easiest ways to turn a regular dinner into a romantic evening: enjoying alcohol. Alcohol and romance go together; in fact, a recent study performed by alcohol.org found that at least 85% of millennials drink on a first date. While there is nothing wrong with calming the nerves while going out, it’s important to know how alcohol or drugs can impact sexual consent.

Limitations of Consent

Legally, a person cannot give consent to a sexual act under several circumstances:

  • When overcome by force or fear;
  • When unconscious or physically powerless;
  • When unconscious or physically powerless;
  • When incapable of giving consent because of mental deficiency or disease; and
  • When incapable of giving consent because of alcohol, drugs, or other substances.
  • As you can see, someone intoxicated may arguably be “incapable of giving consent” because of their condition. As a result, if someone has sex with someone who is intoxicated, the intoxicated person may be able to press charges against the sexual partner.

What if Both Parties Are Intoxicated?

A state of intoxication is a limitation of consent, but that doesn’t mean it’s a viable defense for the accused. This means people who have drunken sexual encounters could press charges against their partners, but these partners are not guaranteed to get rid of their charges.

Have You Been Accused?

If you or a loved one has been accused of sexual assault, SRC Law Group, LLC can help. Our firm has experience representing clients in a variety of sex crime scenarios, which means we are ready to fight for your case.

Avoid Sex Crime Accusations at a Work Holiday Party

Many companies throughout the United States. host holiday parties annually for employers and employees to enjoy and celebrate the festive season, as well as another year of productivity. These parties typically consist of lavish dinners, open bars, and plenty of dancing.

However, many companies in recent years have either limited the number of drinks served at these parties or canceled the annual event entirely. The main reason why is because they want to avoid sexual misconduct allegations that have cost people their jobs and made them subject to criminal charges.

In October 2017, The New York Times and The New Yorker brought to light decades worth of sexual assault and harassment accusations against Hollywood mogul Harvey Weinstein, forcing him out of the industry and starting the #MeToo and #TimesUp movements. Ever since then, men and women from every industry have been inspired to call out powerful people for their inappropriate behavior. Since your company’s next holiday party could get a little wild, you need to be aware of how lighthearted fun could be misinterpreted as something inappropriate or even unlawful.

If your company is throwing a holiday party this year, here are three steps to avoid being accused of a sex crime during the festivities:

  • Keep tabs on how much you drink – If your party has an open bar, be careful not to get too intoxicated enough to loosen your inhabitations, behave like you wouldn’t normally act in an office setting, and embarrass yourself. Keep in mind, a drunk night at a company party could compromise your career and perhaps your freedom. Know your limit and do not go over it at all costs.
  • Avoid flirting – If you are contemplating whether to tell your female coworker that she looks beautiful or smells nice tonight, ask yourself if you would say the same thing to a male coworker? Most likely not. Perhaps you may comment on his attire, especially if you were genuinely interested. But when it comes to saying something about a female coworker’s dress, just keep the comments to yourself.
  • No touching – While you can always shake someone’s hand and perhaps tap their shoulder, touching someone anywhere below the shoulder could be construed as inappropriate. Additionally, holding or rubbing is especially off-limits. If your party has a dance floor, it’s best to keep your hands to yourself and provide some space between you and your dance partner

Defenses to Sex Crimes

If you are facing false allegations of a sex crime, there are a variety of defenses which can counter the charges. If convicted of a sex crime in Kansas, not only do you face a lengthy prison sentence, but you must also register as a sex offender which can dramatically hinder your ability to gain employment, apply for college, find housing, and take advantage of other opportunities in life.

Having an experienced criminal defense lawyer on your side can make a significant difference. Your attorney can assess your case, determine all of the available defenses, and protect your rights and future from criminal consequences.

The following are the most common defenses to sex crimes:

Innocent

You may argue that you are completely innocent of the charges because you were not at the place during the time which the alleged offense occurred. This is commonly known as an alibi. In order to support your alibi, you must prevent evidence that you were at a different location at the time the crime took place. If you were at the same location the alleged incident happened, you could also demonstrate that no sexual activity occurred.

Consent

Although the sexual encounter occurred, you could argue that the victim expressed consent prior to the incident in question. Even if forensic evidence shows you were involved in a sexual act with the accuser, this fact no longer matters unless it shows force was also a factor.

Revenge

Whether no sex occurred or the sexual activity was consensual, your lawyer could question the alleged victim’s motivation for making such allegations. Were you and the alleged victim involved in an emotional breakup? Could the alleged victim financially benefit from the sex crime accusations? Is the accuser attempting to protect his/her reputation by claiming a sex crime as opposed to admitting consent? Any of these motives could cause the jury and judge to second-guess the accuser’s testimony?

Taint

In the event you were accused of a sex crime involving a minor child, taint occurs when a child is involved in suggestive interviews conducted by law enforcement, therapists, and even the child’s own parents. Not only do children often want to please adults by affirmatively answering their questions during these interviews, but they are also sensitive to the implantation of false memories.

Inadequate collection of evidence

Gathering evidence from the alleged victim and the scene of the criminal offense must be done according to a strict protocol. If the evidence is improperly obtained or the police failed to follow the lawful procedures, the evidence could be considered tainted.
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