The Four Acts Kansas’s Sexual Exploitation Statute Covers
K.S.A. 21-5510 is broader than its name suggests. The statute covers four distinct categories of conduct, and a charge can arise from any one of them:
- Enticement or coercion: Employing, persuading, inducing, enticing, or coercing a child under 18 to engage in sexually explicit conduct to promote a performance
- Possession with intent to arouse: Possessing a visual depiction of a child under 18 engaged in sexually explicit conduct with intent to arouse
- Parental or custodial permitting: A parent, guardian, or custodian knowingly allowing a child to engage in such conduct
- Promoting a performance: Distributing, producing, or otherwise promoting a performance that includes sexually explicit conduct by a child under 18
The possession element overlaps with child pornography statutes, but the enticement and promotion elements address direct involvement in creating or facilitating that conduct. That distinction shapes the investigation, the charges filed, and the defense strategy.
Penalties for Sexual Exploitation of a Child in Kansas
Sentencing under K.S.A. 21-5510 depends on which conduct is alleged. Possession and parental-permitting violations are classified as severity level 5 person felonies. Enticement and performance-promotion violations carry a higher classification: severity level 3 person felonies.
When the accused is 18 or older and the alleged victim is under 14, enticement or promotion charges (including attempt, conspiracy, or solicitation) become off-grid person felonies. Off-grid designation removes standard sentencing guidelines and can expose a defendant to indeterminate sentencing, including a potential life sentence. A conviction under any part of this statute also requires mandatory registration as a sex offender.
How These Cases Are Investigated in Johnson County
These cases rarely begin with an arrest. Law enforcement typically conducts an investigation first, reviewing digital communications, images, videos, and device data gathered under a search warrant. By the time charges are filed, prosecutors at the Johnson County District Attorney’s Office have often built a substantial evidentiary record. Retaining defense counsel at the investigation stage, before charges are formally filed, can be critical to protecting your rights.
Defending Enticement & Promotion Allegations
Possession-based charges turn largely on forensic analysis of devices and files, and that defense approach is addressed on our child pornography page. Enticement and promotion allegations work differently. Prosecutors must prove intent and the nature of a defendant’s communications or relationship with the alleged child. Defense work in these cases focuses on the communications record and the circumstantial evidence: what was actually said, by whom, and in what context.
We represent clients in Johnson County facing these charges as part of our broader criminal defense practice. We analyze warrant affidavits, the digital evidence collection process, and the strength of the intent evidence the prosecution intends to rely on.
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Speak with a Defense Attorney Before Your Next Step
A sexual exploitation investigation or charge carries consequences that extend well beyond sentencing: mandatory registration, professional licensing implications, and lasting reputational harm. The earlier you get counsel involved, the more options can remain available. Contact us for a free initial consultation so we can understand your situation and begin building a defense strategy around it.
Contact Gigstad Law Office, LLC at (888) 387-2036 to schedule your consultation today.-
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