Sexual Exploitation of a Child Criminal Charges In Kansas
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What is Sexual Exploitation of a Child?
As Kansas criminal defense lawyers, we are aware of the growing discussion surrounding human and sex trafficking in Kansas. It is important to note that Human Trafficking is defined under K.S.A. 21-5426 as
"Employing, using, persuading, inducing, enticing, or coercing a person under 18 years of age to engage in explicit sexual conduct for the purpose of promoting any performance in a visual or printed medium, such as a film or photo either for profit or with the intent of arousing or satisfying a person's sexual desires. Possessing a visual depiction of a person under 18 years of age engaging in sexually explicit conduct with the intent of arousing or satisfying a person's sexual desires."
Sex Trafficking follows similar guidelines but involves recruiting and trading individuals for commercial sexual exploitation acts involving children. Due to these serious violations against vulnerable populations, it is vital to have experienced legal counsel on your side when facing charges related to human and sex trafficking crimes in Kansas.
Governor Sam Brownback signed a bill into law that strengthens the State’s human trafficking statutes with an emphasis on protecting minors from sexual exploitation. It is our duty as criminal defense attorneys to ensure that those accused of these crimes receive fair representation and due process under the new laws.
We are concerned about the new law that creates the crime of “commercial exploitation of a child” and increases the penalties for buying, selling, or promoting the sale of sexual relations with persons under 18. While it does provide special Child in Need of Care procedures for children who have been subjected to human trafficking and expedites expungement procedures for those convicted of selling sexual relations if they were subject to coercion, we worry that these harsher punishments could lead to an increase in wrongful convictions. Additionally, while we understand the intent behind establishing a Human Trafficking Victim Assistance Fund through mandatory fines on people convicted of such crimes, this could also result in higher sentences being imposed due to pressure from prosecutors seeking funds from those fines.
Penalties for Sexual Exploitation of a Child
As Kansas criminal defense attorneys, we are often called on to represent clients who are accused of sexual exploitation of a child. Depending upon the severity of the crime, punishments can range from fines and probation to extended prison sentences. In addition, those found guilty may be required to register as sex offenders for many years after their conviction. It is important for us as criminal defense attorneys to ensure our client understands all potential ramifications before making any decisions regarding their case.
Sexual exploitation of a child is considered a level 5 felony, punishable by a maximum prison sentence of 136 months (nearly 11 and a half years). If the offender is over 18 years old and the child is under 14 years of age, it is an off-grid felony, punishable by a maximum life prison sentence.