What Are the Sexting Laws in Kansas? | Sex Crimes Attorneys, Wichita

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The term “sexting” was popularized in the early 2000s and is a linguistic blend of “sex” and “texting.” Sexting is sending, receiving or forwarding sexually explicit messages, images or videos, primarily between mobile phones, of oneself to others. It may also include the use of a computer or any digital device.

 

 

Sexting Laws in Kansas

According to the McConnell Law Firm sex crimes attorneys in Wichita, Kansas, sexting is generally legal if all parties are over the age of majority, which is 18 years old, and depictions are sent with their consent and knowledge. However, if you have been falsely accused of sexting with a minor or sending images or videos without consent or knowledge, there are various Kansas laws that could apply:

  • “Unlawful Transmission of a Visual Depiction of a Child” is when you are less than 19 years of age and are accused of knowingly sending a nude depiction of someone who is between 12 and 18 years of age.
  • Aggravated Unlawful Transmission of a Visual Depiction of a Child” includes the same elements as the above but adds that the sending was with the intent to harass, embarrass, intimidate, defame, or otherwise inflict emotional, psychological or physical harm, for gain, or with the intent to show or send it to more than one person.
  • “Unlawful Possession of a Visual Depiction of a Child” is when you are less than 19 years of age and are accused of knowingly possessing a visual depiction of a child between 12 and 16 years of age in a state of nudity that you received directly from that child.
  • “Breach of Privacy” is when you are accused of disseminating or permitting the dissemination of a video, photo or image of someone who is 18 years of age or older who is nude or engaged in sexual activity and under circumstances in which they had a reasonable expectation of privacy, with the intent to harass, threaten, or intimidate the other person, and the other person did not consent to its dissemination. 
  • “Blackmail” could come into play if you have been accused of obtaining or attempting to obtain something in order to threaten someone, such as obtaining a nude photo of someone and threatening to send it to others. 

Punishments for first-time offenses related to the above range from class B, person misdemeanors to level 9, person felonies. Second-time offenses incur more severe punishments.

 

 

How We Can Help

Have you have been falsely accused of sexting with a minor or sending images or videos without consent or knowledge? 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 false 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!


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Jonathan W. McConnell and his team have become well-known for their expert knowledge and unmatched tenacity. They have been rated highly by the public and their peers on many prestigious legal directories and professional organizations.