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In Kansas, promoting or possessing child pornography is prohibited. Promoting includes the sale, delivery, transmission, production, display, or advertisement of child pornography. Child pornography is defined as visual images or depictions of persons less than 18 years of age engaged in sexually explicit conduct.
Penalties in Kansas for promoting or possessing child pornography can be severe, and the consequences are increased if the child was less than 14 years of age. The following is a summary of Kansas child pornography laws.
The following table outlines child pornography laws in Kansas.
| Code Sections | KAN. STAT. ANN. § 21-5510 |
| What is Prohibited? | Sexual Exploitation of a Child: 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 Consenting to sexually explicit conduct for any of the above purposes as the child's parent, guardian, or person otherwise having custody of the child "Promoting" means procuring, selling, providing, lending, mailing, delivering, transferring, transmitting, distributing, circulating, disseminating, presenting, producing, directing, manufacturing, issuing, publishing, displaying, exhibiting or advertising. |
| Penalties | Sexual exploitation of a child is a felony punishable by up to 55 months in prison and up to $300,000 in fines. If the child was under 14 years of age and the offender was 18 years of age or older, it is an off-grid felony punishable by life imprisonment and up to $500,000 in fines. Kansas uses a grid system to determine some prison sentences. The above prison times can vary depending upon a person's prior criminal history and the number and type of prior convictions. Off-grid crimes are particularly severe and punishable by life imprisonment or death. Sexual exploitation of a child is a severity level 5, person felony. |
| Defenses | The consent of the child is not a defense. |
If you or someone you know is involved in child pornography, you should report it to the authorities immediately. If you have been charged with a child pornograpy crime, you can contact a Kansas criminal defense attorney. You can also visit FindLaw’s sections on Child Pornography, Sex Crimes, and Sex Offender Registry for more articles and information on this topic.
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