Overland Park Child Pornography Lawyer

Have you been charged with sexual exploitation of a minor? These serious charges will destroy your life and ruin your reputation. You will have to register as a sex offender and your freedoms will be seriously restricted. If you are charged or are being investigated for child pornography, don't talk to law enforcement, consent to a search or volunteer evidence until you speak with a lawyer.

Know your rights. Contact the Law Office of James M. Brun in Overland Park to schedule a free initial consultation. Call 913-826-6229

Sexual Exploitation of a Child

Kansas law defines child pornography in statute section 21-3516, Sexual Exploitation of a Child. The statute defines sexual exploitation of a child as:

  • 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
  • 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
  • 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

State and Federal Charges

In addition to repercussions under Kansas law, people charged with child pornography also face federal charges. There is a possibility of being charged in both state and federal court and have two separate trials going on simultaneously. It is important to hire an attorney who can defend you in both places; someone who knows how the state case will affect the federal case and vice versa. If convicted in federal court, you are facing a minimum of 60 months in prison. Sexual exploitation of a minor sentence in Kansas ranges from 31 to 136 months if you have no prior offenses. Jessica's Law substantially increases this penalty for multiple sex crimes. If you are convicted, you will also have to register with the sex offender registry.

Child Pornography Defense

There are a number of defenses available to people charged with this crime, including:

  • First Amendment rights - Is it pornography or your right to free speech?
  • Evidence - Was it your computer? Your IP address? Was it you or someone who had access to your computer?
  • Improper police procedure - Did law enforcement have probable cause to search your home?

Contact a Child Pornography DefenseĀ Attorney

I work with individuals throughout the Kansas City Metro area in cases related to child pornography and other sex crimes. Please call 913-826-6229 or contact my office to schedule your free initial consultation.