Sexual Offenses

At the law office of O’Hara & O’Hara L.L.C. we represent clients who are arrested, cited, charged, or indicted for Sexual crimes. We pride ourselves on offering professional attention to every case. Our lawyers are experienced and aggressive in Sexual cases, and are not afraid to fight for our clients. We have been fighting for our clients for over 60 years.

We know how important it is for an individual to avoid a criminal record which could affect their career regarding Sexual offenses. Our Attorneys provide our clients with smart, zealous, dedicated, caring, and hardworking representation.

We handle Sexual cases in City, State, and Federal Courts throughout the State of Kansas. Our office is located in Wichita, Kansas. We work hard to protect the rights and the futures of our clients.

CONTACT OUR OFFICE AND SPEAK TO A LAWYER TODAY. INITIAL CONSULTATIONS ARE FREE.
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Aggressive Kansas Sex Crimes Criminal Defense

At O’Hara & O’Hara L.L.C. one of our areas of focus is Sex Crimes Criminal Defense law.  Sexual offenses can be complex and provide many legal issues. Our lawyers provide experienced, aggressive, and intelligent representation to our clients.

We represent individuals charged with a wide variety of sex-based offenses, including indecent exposure, molestation, obscene conduct, pedophilia, possession or distribution of pornography, prostitution, rape, date rape, statutory rape, sexual abuse, and sexual assault. The following are some of the Sexual Crimes statutes for the State of Kansas:

21-3503 Indecent liberties with a child.

(a) Indecent liberties with a child is engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age:

(1)  Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or

(2)  soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.

(b)  It shall be a defense to a prosecution of indecent liberties with a child as described in subsection (a)(1) that the child was married to the accused at the time of the offense.

(c)  Indecent liberties with a child is a severity level 5, person felony.

21-3504 Aggravated indecent liberties with a child.

(a) Aggravated indecent liberties with a child is:

(1)  Sexual intercourse with a child who is 14 or more years of age but less than 16 years of age;

(2)  engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age and who does not consent thereto:

(A)  Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or satisfy the sexual desires of either the child or the offender, or both; or

(B)  causing the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another; or

(3)  engaging in any of the following acts with a child who is under 14 years of age:

(A)  Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or

(B)  soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.

(b)  It shall be a defense to a prosecution of aggravated indecent liberties with a child as provided in subsection (a)(1), (a)(2)(A) and (a)(3)(A) that the child was married to the accused at the time of the offense.

(c)  Except as provided further, aggravated indecent liberties with a child as described in subsections (a)(1) and (a)(3) is a severity level 3, person felony. Aggravated indecent liberties with a child as described in subsection (a)(2) is a severity level 4, person felony. When the offender is 18 years of age or older, aggravated indecent liberties with a child as described in subsection (a)(3) or attempt, conspiracy or criminal solicitation to commit aggravated indecent liberties with a child as described in subsection (a)(3) is an off-grid person felony.

(d)  If the offender is 18 years of age or older, the provisions of:

(1)  Subsection (c) of K.S.A. 21-3301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated indecent liberties with a child as described in subsection (a)(3);

(2)  subsection (c) of K.S.A. 21-3302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated indecent liberties with a child as described in subsection (a)(3); and

(3)  subsection (d) of K.S.A. 21-3303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated indecent liberties with a child as described in subsection (a)(3).

21-3505 Criminal sodomy.

(a) Criminal sodomy is:

(1)  Sodomy between persons who are 16 or more years of age and members of the same sex or between a person and an animal;

(2)  sodomy with a child who is 14 or more years of age but less than 16 years of age; or

(3)  causing a child 14 or more years of age but less than 16 years of age to engage in sodomy with any person or animal.

(b)  It shall be a defense to a prosecution of criminal sodomy as provided in subsection (a)(2) that the child was married to the accused at the time of the offense.

(c)  Criminal sodomy as provided in subsection (a)(1) is a class B nonperson misdemeanor. Criminal sodomy as provided in subsections (a)(2) and (a)(3) is a severity level 3, person felony.

21-3506 Aggravated criminal sodomy.

(a) Aggravated criminal sodomy is:

(1)  Sodomy with a child who is under 14 years of age;

(2)  causing a child under 14 years of age to engage in sodomy with any person or an animal; or

(3)  sodomy with a person who does not consent to the sodomy or causing a person, without the person’s consent, to engage in sodomy with any person or an animal, under any of the following circumstances:

(A)  When the victim is overcome by force or fear;

(B)  when the victim is unconscious or physically powerless; or

(C)  when 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 the offender or was reasonably apparent to the offender.

(b)  It shall be a defense to a prosecution of aggravated criminal sodomy under subsection (a)(1) that the child was married to the accused at the time of the offense.

(c)  Except as provided further, aggravated criminal sodomy is a severity level 1, person felony. Aggravated criminal sodomy as described in subsection (a)(1) or (a)(2) or attempt, conspiracy or criminal solicitation to commit aggravated criminal sodomy as described in subsection (a)(1) or (a)(2), when the offender is 18 years of age or older, is an off-grid person felony.

(d)  If the offender is 18 years of age or older, the provisions of:

(1)  Subsection (c) of K.S.A. 21-3301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated criminal sodomy as described in subsection (a)(1) or (a)(2);

(2)  subsection (c) of K.S.A. 21-3302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated criminal sodomy as described in subsection (a)(1) or (a)(2); and

(3)  subsection (d) of K.S.A. 21-3303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated criminal sodomy as described in subsection (a)(1) or (a)(2).

21-3507 Adultery.

(1) Adultery is engaging in sexual intercourse or sodomy with a person who is not married to the offender if:

(a)  The offender is married; or

(b)  The offender is not married and knows that the other person involved in the act is married.

(2)  Adultery is a class C misdemeanor.

21-3508 Lewd and lascivious behavior.

(a) Lewd and lascivious behavior is:

(1)  Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others; or

(2)  publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another.

(b) (1)  Lewd and lascivious behavior if committed in the presence of a person 16 or more years of age is a class B nonperson misdemeanor.

(2)  Lewd and lascivious behavior if committed in the presence of a person under 16 years of age is a severity level 9, person felony.

21-3510 Indecent solicitation of a child.

(a) Indecent solicitation of a child is:

(1)  Enticing or soliciting a child 14 or more years of age but less than 16 years of age to commit or to submit to an unlawful sexual act; or

(2)  inviting, persuading or attempting to persuade a child 14 or more years of age but less than 16 years of age to enter any vehicle, building, room or secluded place with intent to commit an unlawful sexual act upon or with the child.

(b)  Indecent solicitation of a child is a severity level 6, person felony.

21-3511 Aggravated indecent solicitation of a child.

Aggravated indecent solicitation of a child is:

(a)  Enticing or soliciting a child under the age of 14 years to commit or to submit to an unlawful sexual act; or

(b)  inviting, persuading or attempting to persuade a child under the age of 14 years to enter any vehicle, building, room or secluded place with intent to commit an unlawful sexual act upon or with the child.

Aggravated indecent solicitation of a child is a severity level 5, person felony.

21-3516 Sexual exploitation of a child.

(a) Sexual exploitation of a child is:

(1)  Except as provided in subsection (a)(5), employing, using, persuading, inducing, enticing or coercing a child under 18 years of age to engage in sexually explicit conduct for the purpose of promoting any performance;

(2)  possessing any visual depiction, including any photograph, film, video picture, digital or computer generated image or picture, whether made or produced by electronic, mechanical or other means, where such visual depiction of a child under 18 years of age is shown or heard engaging in sexually explicit conduct with intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender, the child or another;

(3)  being a parent, guardian or other person having custody or control of a child under 18 years of age and knowingly permitting such child to engage in, or assist another to engage in, sexually explicit conduct for any purpose described in subsection (a)(1) or (2);

(4)  except as provided in subsection (a)(6), promoting any performance that includes sexually explicit conduct by a child under 18 years of age, knowing the character and content of the performance;

(5)  employing, using, persuading, inducing, enticing or coercing a child under 14 years of age to engage in sexually explicit conduct for the purpose of promoting any performance; or

(6)  promoting any performance that includes sexually explicit conduct by a child under 14 years of age, knowing the character and content of the performance.

(b)  As used in this section:

(1)  “Sexually explicit conduct” means actual or simulated: Exhibition in the nude; sexual intercourse or sodomy, including genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex; masturbation; sado-masochistic abuse for the purpose of sexual stimulation; or lewd exhibition of the genitals, female breasts or pubic area of any person.

(2)  “Promoting” means procuring, selling, providing, lending, mailing, delivering, transferring, transmitting, distributing, circulating, disseminating, presenting, producing, directing, manufacturing, issuing, publishing, displaying, exhibiting or advertising:

(A)  For pecuniary profit; or

(B)  with intent to arouse or gratify the sexual desire or appeal to the prurient interest of the offender, the child or another.

(3)  “Performance” means any film, photograph, negative, slide, book, magazine or other printed or visual medium, any audio tape recording or any photocopy, video tape, video laser disk, computer hardware, software, floppy disk or any other computer related equipment or computer generated image that contains or incorporates in any manner any film, photograph, negative, photocopy, video tape or video laser disk or any play or other live presentation.

(4)  “Nude” means any state of undress in which the human genitals, pubic region, buttock or female breast, at a point below the top of the areola, is less than completely and opaquely covered.

(c)  Except as provided further, sexual exploitation of a child is a severity level 5, person felony. Sexual exploitation of a child as described in subsection (a)(5) or (a)(6) or attempt, conspiracy or criminal solicitation to commit sexual exploitation of a child as described in subsection (a)(5) or (a)(6) when the offender is 18 years of age or older is an off-grid person felony.

(d)  If the offender is 18 years of age or older, the provisions of:

(1)  Subsection (c) of K.S.A. 21-3301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of sexual exploitation of a child as defined in subsection (a)(5) or (a)(6);

(2)  subsection (c) of K.S.A. 21-3302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of sexual exploitation of a child as defined in subsection (a)(5) or (a)(6); and

(3)  subsection (d) of K.S.A. 21-3303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of sexual exploitation of a child as defined in subsection (a)(5) or (a)(6).

(e)  This section shall be part of and supplemental to the Kansas criminal code.

21-3517 Sexual battery.

(a) Sexual battery is the intentional touching of the person of another who is 16 or more years of age, who is not the spouse of the offender and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another.

(b)  Sexual battery is a class A person misdemeanor.

(c)  This section shall be part of and supplemental to the Kansas criminal code.

21-3518 Aggravated sexual battery.

(a) Aggravated sexual battery is the intentional touching of the person of another who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another under any of the following circumstances:

(1)  When the victim is overcome by force or fear;

(2)  when the victim is unconscious or physically powerless;

(3)  when 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.

(b)  Aggravated sexual battery is a severity level 5, person felony.

(c)  This section shall be part of and supplemental to the Kansas criminal code.

21-3520 Unlawful sexual relations.

(a) Unlawful sexual relations is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy with a person who is not married to the offender if:

(1)  The offender is an employee or volunteer of the department of corrections, or the employee or volunteer of a contractor who is under contract to provide services for a correctional institution, and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is an inmate; or

(2)  the offender is a parole officer, volunteer for the department of corrections or the employee or volunteer of a contractor who is under contract to provide supervision services for persons on parole, conditional release or postrelease supervision and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is an inmate who has been released on parole, conditional release or postrelease supervision and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is an inmate who has been released and is currently on parole, conditional release or postrelease supervision; or

(3)  the offender is a law enforcement officer, an employee of a jail, or the employee of a contractor who is under contract to provide services in a jail and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is confined by lawful custody to such jail; or

(4)  the offender is a law enforcement officer, an employee of a juvenile detention facility or sanctions house, or the employee of a contractor who is under contract to provide services in such facility or sanctions house and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is confined by lawful custody to such facility or sanctions house; or

(5)  the offender is an employee of the juvenile justice authority or the employee of a contractor who is under contract to provide services in a juvenile correctional facility and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who is confined by lawful custody to such facility; or

(6)  the offender is an employee of the juvenile justice authority or the employee of a contractor who is under contract to provide direct supervision and offender control services to the juvenile justice authority and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is 16 years of age or older and (A) released on conditional release from a juvenile correctional facility under the supervision and control of the juvenile justice authority or juvenile community supervision agency or (B) placed in the custody of the juvenile justice authority under the supervision and control of the juvenile justice authority or juvenile community supervision agency and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is currently under supervision;

(7)  the offender is an employee of the department of social and rehabilitation services or the employee of a contractor who is under contract to provide services in a social and rehabilitation services institution and the person with whom the offender is engaging in consensual sexual intercourse, not otherwise subject to subsection (a)(1)(C) of K.S.A. 21-3502, and amendments thereto, lewd fondling or touching, or sodomy, not otherwise subject to subsection (a)(3)(C) of K.S.A. 21-3506, and amendments thereto, is a person 16 years of age or older who is a patient in such institution;

(8)  the offender is a teacher or a person in a position of authority and the person with whom the offender is engaging in consensual sexual intercourse, not otherwise subject to subsection (a)(2) of K.S.A. 21-3502 or subsection (a)(1) of K.S.A. 21-3504, and amendments thereto, lewd fondling or touching, not otherwise subject to K.S.A. 21-3503 or subsection (a)(2) or (a)(3) of K.S.A. 21-3504, and amendments thereto, or sodomy, not otherwise subject to K.S.A. 21-3505 or subsection (a)(1) or (a)(2) of K.S.A. 21-3506, and amendments thereto, is a student enrolled at the school where the offender is employed. If the offender is the parent of the student, the provisions of K.S.A. 21-3603, and amendments thereto, shall apply, not this subsection;

(9)  the offender is a court services officer or the employee of a contractor who is under contract to provide supervision services for persons under court services supervision and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who has been placed on probation under the supervision and control of court services and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is currently under the supervision of court services; or

(10)  the offender is a community correctional services officer or the employee of a contractor who is under contract to provide supervision services for persons under community corrections supervision and the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is a person 16 years of age or older who has been assigned to a community correctional services program under the supervision and control of community corrections and the offender has knowledge that the person with whom the offender is engaging in consensual sexual intercourse, lewd fondling or touching, or sodomy is currently under the supervision of community corrections.

(b)  Unlawful sexual relations as provided in:

(1)  Subsection (a)(5) is a severity level 4, person felony; and

(2)  subsections (a)(1), (2), (3), (4), (6), (7), (8), (9) or (10) is a severity level 5, person felony.

(c)  For purposes of this act:

(1)  “Correctional institution” means the same as prescribed by K.S.A. 75-5202, and amendments thereto;

(2)  “inmate” means the same as prescribed by K.S.A. 75-5202, and amendments thereto;

(3)  “parole officer” means the same as prescribed by K.S.A. 75-5202, and amendments thereto;

(4)  “postrelease supervision” means the same as prescribed in the Kansas sentencing guidelines act in K.S.A. 21-4703, and amendments thereto;

(5)  “juvenile detention facility” means the same as prescribed by K.S.A. 2010 Supp. 38-2302, and amendments thereto;

(6)  “juvenile correctional facility” means the same as prescribed by K.S.A. 2010 Supp. 38-2302, and amendments thereto;

(7)  “sanctions house” means the same as prescribed by K.S.A. 2010 Supp. 38-2302, and amendments thereto;

(8)  “institution” means the same as prescribed by K.S.A. 76-12a01, and amendments thereto; and

(9)  “teacher” means and includes teachers, supervisors, principals, superintendents and any other professional employee in any public or private school offering any of grades kindergarten through 12;

(10)  “community corrections” means the entity responsible for supervising adults and juvenile offenders for confinement, detention, care or treatment, subject to conditions imposed by the court pursuant to the community corrections act, K.S.A. 75-5290, and amendments thereto, and the revised Kansas juvenile justice code, K.S.A. 2010 Supp. 38-2301 et seq., and amendments thereto;

(11)  “court services” means the entity appointed by the district court that is responsible for supervising adults and juveniles placed on probation and misdemeanants placed on parole by district courts of this state;

(12)  “law enforcement officer” means the same as prescribed by K.S.A. 21-3110, and amendments thereto; and

(13)  “juvenile community supervision agency” means an entity that receives grants for the purpose of providing direct supervision to juveniles in the custody of the juvenile justice authority.

21-3522 Unlawful voluntary sexual relations.

(a) Unlawful voluntary sexual relations is engaging in voluntary: (1) Sexual intercourse; (2) sodomy; or (3) lewd fondling or touching with a child who is 14 years of age but less than 16 years of age and the offender is less than 19 years of age and less than four years of age older than the child and the child and the offender are the only parties involved and are members of the opposite sex.

(b)  (1)  Unlawful voluntary sexual relations as provided in subsection (a)(1) is a severity level 8, person felony.

(2)  Unlawful voluntary sexual relations as provided in subsection (a)(2) is a severity level 9, person felony.

(3)  Unlawful voluntary sexual relations as provided in subsection (a)(3) is a severity level 10, person felony.

21-3523 Electronic solicitation. [See Revisor’s Note]

(a) Electronic solicitation is, by means of communication conducted through the telephone, internet, or by other electronic means:

(1)  Enticing or soliciting a person whom the offender believes to be a child 14 or more years of age but less than 16 years of age to commit or submit to an unlawful sexual act; or

(2)  enticing or soliciting a person whom the offender believes to be a child under the age of 14 to commit or submit to an unlawful sexual act.

(b)  Electronic solicitation as described in subsection (a)(1) is a severity level 3 person felony. Electronic solicitation as described in subsection (a)(2) is a severity level 1 person felony.

(c)  For the purposes of this section, “communication conducted through the internet or by other electronic means” includes but is not limited to e-mail, chatroom chats and text messaging.

(d)  This section shall be part of and supplemental to the Kansas criminal code.

At the law office of O’Hara & O’Hara L.L.C. our clients come first and we will do what it takes to defend and uphold your rights. Our attorneys have represented many clients who have faced Sexual Crime charges. In some instances, it is possible to resolve the case without going to trial. However, if the prosecutor is not willing to be reasonable, we are fully prepared to take the case to trial. We will do what is in our client’s best interests. Since deciding to settle or take the case to trial is always our client’s decision, we will supply the legal advice needed to help our clients make an informed and intelligent decision.

Accused or Being Investigated in Kansas?

If you are accused of or being investigated for a Sex crime, it is crucial that you seek the services of an attorney experienced in handling such crimes. These charges involve an allegation of illegal sexual contact. Merely being investigated for this type of charge, a person can have their personal and profession reputation ruined. If convicted of a Sex crime, you could be required to register as a sex offender for an extended period of time. We have extensive experience representing individuals charged with Sex offenses and can aggressively defend your rights in court.

Proven Results in Wichita, Kansas

We will defend you or your loved ones criminal case aggressively. Our experienced Sex Crimes Defense Attorneys take pride in their work and their case results reflect their dedication to the client. Regardless if you or your loved one has been charged with, being investigated for or accused of a sex crime, you need aggressive representation immediately.

Contact an Experienced Kansas Sex Crime Defense Lawyer

We know that criminal charges are difficult, requiring hard work and dedication on the part of a defense lawyer. We work hard to protect the rights and the futures of our clients. We offer a free Sex Crime consultation to discuss your legal matter during which all the facets of your case will be thoroughly examined and advice will be offered to you on how to proceed. If you choose to retain us, it will be our goal to provide you with a service that will be of benefit to you and your family.

Contact us at 316.263.5601 for a Sex Crime consultation to discuss your legal options. Or stop by to visit us at our office at:
1223 East First Street – Wichita, Kansas 67214


O'Hara & O'Hara L.L.C. is a Law Office in Wichita, Kansas, that represents clients facing Criminal Defense law, Family Law, and Immigration Law cases throughout the State of Kansas.