Laws Pertaining to Sexting in the State of Kansas

The State of Kansas does not currently have a separate STATEstatute that addresses sexting between minors. In general, under Kansas law anyone who creates, distributes or possesses an image of a minor engaged in a sexually explicit act may be prosecuted for a felony under the State’s child pornography laws and if convicted, may serve time in jail and be required to register as a sex offender.

Legislative Summary

The Kansas state legislature has recently proposed changes to the State’s child pornography laws, however, the proposals do not address the issue of sexting between minors. Therefore, if a minor is caught sending or receiving a sexually explicit image they could be charged with a felony under the State’s child pornography laws. In general, under Kansas child pornography laws an individual who is caught creating, distributing or possessing a sexually explicit image of a minor would face felony charges, and if convicted, will generally receive jail time and will need to register as a sex offender.

Law and Punishment

In general, in Kansas it is a felony to:

  • Employ, use, persuade, induce, entice or coerce a child under 18 years of age to engage in sexually explicit conduct for the purpose of promoting any performance;
  • Possess any image, whether made or produced by electronic, mechanical or other means, where such image 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;
  • Promote any performance that includes sexually explicit conduct by a child under 18 years of age, knowing the character and content of the performance;
    • If convicted of any of the foregoing, an individual could receive up to 34 years in jail, a sizable fine and will need to register as a sexual offender.
  • Employing, using, persuading, inducing, enticing or coercing a child under 14 years of age to engage in sexually explicit conduct for the purpose of promoting any performance; or
  • Promoting any performance that includes sexually explicit conduct by a child under 14 years of age, knowing the character and content of the performance.
    • If convicted of either of the previous felonies, an individual could receive a life sentence and be eligible for parole after 25 years.

sobering reality

Separate felony convictions for possession, distribution or creation of child pornography.

Registration as a sex offender.

Up to a life sentence if the victim is under 14 years of age.

Latest News Concerning Sexting in Kansas

Sexting: A chargeable offense

Emporia Gazette | April 10, 2012

New Albany man accused of ‘sexting’ 11-year-old

The Chanute Tribune | January 31, 2012

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