Kansas bills seek to increase sentences imposed by "Jessica's Law"

March 13, 2014 (Press-News.org) Kansas bills seek to increase sentences imposed by "Jessica's Law"

Article provided by Cornwell Vokins
Visit us at http://www.vokinslaw.com

Since 2006, those accused of sex offenses in Kansas - particularly offenses involving children - have likely encountered the state's version of "Jessica's Law." However, while this law already calls for especially long criminal sentences for those convicted of certain sex crimes in Kansas, lawmakers have recently introduced two different bills that, if passed, will make these sentences even longer in certain circumstances.

Proposed changes to Jessica's Law in Kansas

Under current Kansas law, anyone over the age of 18 charged with certain sex crimes involving children - even a first-time offender - can face a possible criminal sentence of life in prison, with a mandatory term of imprisonment of at least 25 years.

Moreover, if the same person is subsequently convicted of a second offense that is "substantially the same," the mandatory minimum term of imprisonment increases from 25 to 40 years. But, upon a third conviction for a sexually violent crime, the individual may be labeled as a "habitual sex offender" - meaning he or she may be subject to life in prison "without the possibility of parole."

However, despite the severity of criminal sentences possible under Jessica's Law in Kansas, some lawmakers want to make them even more significant. For instance, one Kansas bill introduced just last month, House Bill 2710, seeks to add an additional 10 years in prison for certain first-time offenders on top of the minimum 25-year sentences already imposed under Jessica's Law. Specifically, the proposed bill will, if passed, add this additional 10-year sentence if a jury finds the presence of "aggravating circumstances," which can include:
-Circumstances in which the accused has a fiduciary relationship with the alleged victim
-Circumstances in which the accused knew the victim was vulnerable
-Circumstances in which prior stalking occurred

Also, another piece of legislation in Kansas, HB 2423, attempts to double the mandatory minimum prison sentence under Jessica's Law from 25 years to 50 years for certain offenders.

Legal assistance may be needed

If anything, these recently introduced bills illustrate just how harsh the consequences can be under Jessica's Law in Kansas, which may become even more severe if the bills are passed.

Accordingly, if you are currently facing sex crime charges that may subject you to the minimum prison terms outlined in Jessica's Law, it is best to seek the counsel of an experienced sex crime defense attorney. A skilled attorney can help explain your rights and options given your situation and assist in developing a sound legal defense.