Many Kansans know that it is legal in this state to engage in any consensual sexual act with someone 16 years or older. According to the McConnell Law Firm sex crimes attorneys in Wichita, Kansas, though, many people do not realize that receiving a nude photo or video from anyone under 18 is considered child pornography, even if you are in a consensual sexual relationship.
Applicable Law and Penalties
“Sexual exploitation of a child” can include 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. Sexual exploitation of a child is a felony, and you should know that:
- Possessing a nude image would be a level five felony, with a potential maximum of 136 months in prison depending on criminal history score and a maximum fine of $300,000.
- Requesting a nude image is a level three felony, with a potential maximum of 247 months in prison depending on criminal history score and a maximum fine of $300,000.
What You Need to Know
Imagine that you are dating a 16-year-old, and they can legally consent to any sexual act. However, if they text you a nude photo, that is considered child pornography. Being convicted could mean prison, a felony on your record and having to register as a sex offender.
“This is an area where the law has not caught up with society,” said Jonathan W. McConnell, the founding criminal defense attorney of the McConnell Law Firm. “These days, everyone has a cell phone, and a lot of communication happens through text messaging, so someone could commit a presumptive prison felony and not even know it until they’re being arrested.”
How We Can Help
Have you have been accused of possessing child pornography or sexual exploitation of a child? Our McConnell Law Firm sex crimes attorneys in Wichita can help. Although every case is different and no conclusions should be drawn without a legal consultation to discuss the specifics of your case, we have extensive experience defending against sexual accusations and charges.
Please contact the McConnell Law Firm sex crimes attorneys in Wichita at (316) 243-5903 for a free consultation. We look forward to speaking with you!
