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This is continuation of the blog I posted last Wednesday.  Writing on Thursday just didn’t work.  Fridays, of course are Friday Droll’s.  So, here we are today.

When I left you on Wednesday, I said I would talk more about laws and sexting.  The laws for sexting will vary from state to state.  Of course, I live in the great state of Kansas.  So, my information came from Athena Andaya, who is a principal analyst for the Kansas Legislative Research Department.   Below is her reply and the laws which “sexting” would fall under in Kansas. 
 
There is no crime in Kansas called “sexting”.  However, the acts referred to as sexting may support a number of sex crimes found in the Kansas Statutes Annotated (KSA 21-3501, et. seq.)  Here is a nonexclusive list of sex crimes which may be charged in a criminal complaint, depending on the facts:
 
KSA 21-3503.   Indecent liberties with a child who is 14 or more years of age but less than 16 years of age is 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.  Indecent liberties with a child is a severity level 5, person felony.
 
KSA 21-3504.   Aggravated indecent liberties with a child who is under 14 years of age is  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.  Aggravated indecent liberties with a child as described above is a severity level 3, person felony.  When the offender is 18 years of age or older, aggravated indecent liberties with a child as described in subsection above is an off-grid person felony.
 
KSA 21-3510.   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.  Indecent solicitation of a child is a severity level 6, person felony.
 
KSA 21-3511.   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.
 
KSA 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) when the offender is 18 years of age or older is an off-grid person felony.
 
(d)        This section shall be part of and supplemental to the Kansas criminal code. 
 
 
KSA 21-3523.  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 under the age of 16 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.  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.

 

From the Institute for Responsible Online and Cell Phone communiciation,  the Cyber General says:  Digital Safety, Responsibility and Awareness is YOUR Responsibility, and the repercussions that accompany your poor digital judgment (due to ignorance, a lack of common sense, or malicious intent), are YOUR OWN FAULT!

Once again, here is the link to the Institute for Responsible Online and Cell Phone communication.  Click here I.R.O.C.2  I urge you to look around the site, learn more about protecting yourself and educating your children on not only sexting, but all types of digital communication.

If you are looking for a speaker who educates on “sexting”, please contact me.  I do a presentation  title S.O.S.  – “Sexting & SexCasting, Offense and Sexual harassment and assault.  Like I stated on Wednesday, a year ago this isn’t something I would have dreamed God would  be calling me to do.  But He is!  Please don’t hesitate to contact me to learn more about this, or to schedule a presentation.

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