Kansas has a number of criminal and aggravated sodomy laws that are difficult to understand because they are highly nuanced. In order to make sense of this information, it is best to begin by answering a few key questions:
What is Sodomy?
It is helpful to first look at the foundation of the offense, namely the term sodomy itself. Many people have misconceptions about what sodomy is because the term is broadly defined as any intercourse deemed unnatural. However, under Kansas criminal laws, sodomy has a specific definition. The accepted legal standard in Kansas for basic sodomy is any non-vaginal intercourse, or more specifically, all anal and oral forms of intercourse.
What is Criminal Sodomy?
Next, it is important to know how the Kansas Criminal Code defines Criminal Sodomy so the differences between it and Aggravated Sodomy can be fully understood. As mentioned, sodomy takes into account all non-vaginal forms of intercourse. Criminal Sodomy under the Kansas statutes develops this notion further by including the act of bestiality. Criminal sodomy also adds the important element of age. Criminal sodomy is summarized as follows:
- An act of intercourse between a person and an animal; or
- Non-vaginal intercourse with a child who is at least 14 years old, but under 16; or
- Causing a child who is at least 14 years old, but less than 16 to engage in non-vaginal intercourse with any person or animal.
If you were accused of bestiality, the most likely charge would be a Class B misdemeanor. However, if you or someone you care about is accused of the second or third crimes, you will be facing a Level 3 felony charge.
What is Aggravated Sodomy?
With the preceding definitions given, aggravated sodomy – also called aggravated criminal sodomy – can now be better understood. The law describes aggravated sodomy as:
- Sodomy with a child who is under the age of 14; or
- Causing a child who is under 14 to engage in sodomy with any person or animal; or
- Sodomy or causing sodomy with a victim who does not consent due to any of the following circumstances:
- The victim was overcome by force or fear.
- The victim was unconscious or physically powerless.
- The victim has a mental deficiency or disease.
- The victim was incapacitated by drugs or alcohol and the offender knew, or should reasonably have known this.
These are all serious offenses that normally carry a Level 1 felony charge. If the accused was over 18 when the alleged aggravated sodomy occurred, he or she will face harsh mandatory minimum prison sentences that fall under Jessica’s Law.
Aggravated Sodomy V. Criminal Sodomy
Criminal sodomy has a stand-alone bestiality misdemeanor that applies to all residents, regardless of age. It then takes into account the age of the alleged victim by breaking out the segment of children between 14 years old and 16 years old (the age of consent in Kansas).
Aggravated sodomy is largely concerned with age and consent. In addition, younger aged victims and the lack of consent elevate the legal concept of severity under aggravated sodomy laws.
Aggravated Criminal Sodomy Defense
If you have been accused, or believe you might be accused of aggravated criminal sodomy, you need to act immediately to secure an attorney who is equipped to defend you, or a loved one who is being accused, against any charges.
Norton Hare’s sex crimes attorney, John DeMarco, is experienced at gaining the higher ground you need to convince prosecutors that the accusations do not merit formal charges. He works with parents, stepparents, teens and others accused of these serious sex crimes, which may include grandparents, guardians and babysitters.
Convincing the prosecution that the government’s case will not hold up in a court of law is vital work that requires substantial skill and exceptional resources.
Attorney DeMarco will often launch a parallel investigation with the single goal of disqualifying and calling into question any evidence the prosecutor’s office may have. Our expert resources include private investigators, medical professionals, calligraphers and lie detectors.
You should not attempt to communicate or cooperate in any way with police, their investigators or the prosecutor’s office without an attorney.
If you, a family member or someone you care about has been – or might be – accused of aggravated sodomy, call Norton Hare today for a free consultation with Attorney John DeMarco.
Call now to get experience and time on your side, and receive a free and confidential consultation: 913-906-9633.