Kansas City Criminal Defense Lawyers
Understanding Kansas Sex Crimes

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 Rokusek Stein Law 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:

  1. The victim is overcome by force or fear; or

  2. The victim is unconscious or physically powerless; or

  3. 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.

Facing Sex Crime Charges?

If you or a loved one is facing criminal charges for any of these crimes, you need a skilled Kansas City attorney on your side. Contact Rokusek Stein Law, LLC, to discuss your case with an experienced sex crimes attorney at your earliest convenience.

Call (913) 583-0465 now for a free consultation for your case.

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