21-5508.
Indecent solicitation of a child; aggravated indecent solicitation of a child.
(a) Indecent solicitation of a child is enticing, commanding, inviting, persuading or attempting to persuade a child 14 or more years of age but less than 16 years of age to:
(1) Commit or to submit to an unlawful sexual act; or
(2) enter any vehicle, building, room or secluded place with intent to commit an unlawful sexual act upon or with the child.
(b) Aggravated indecent solicitation of a child is enticing, commanding, inviting, persuading or attempting to persuade a child under the age of 14 years to:
(1) Commit or submit to an unlawful sexual act; or
(2) enter any vehicle, building, room or secluded place with the intent to commit an unlawful sexual act upon or with the child.
(c) (1) Indecent solicitation of a child is a severity level 6, person felony.
(2) Aggravated indecent solicitation of a child is a severity level 5, person felony.
(d) It shall not be a defense that the offender did not know or have reason to know that the sexual act was unlawful.
History:
L. 2010, ch. 136, § 72; July 1, 2011.
Notes of Decisions
Cited in
11
cases (
8 in the last 5 years), 2014–2024 · leading case:
John Doe v. M.J., 508 P.3d 368 (Kan. 2022).
John Doe v. M.J., 508 P.3d 368 (Kan. 2022).
· cites it 2× “21-3510, prior to its repeal, or subsection (a) of K.S.A. 21-5508, and amendments thereto; (F) aggravated indecent solicitation of a child as defined in K.”
State v. Bird, 482 P.3d 1157 (Kan. Ct. App. 2021).
· cites it 7× “S.A. 2017 Supp. 21-5508(b) (Count 2). The indictment contains little to no factual information, but a review of other pleadings establishes that the charges stemmed from allegations that Bird touched a child on the leg in a restaurant and then invited her to come swim at his…”
State v. Reed, 336 P.3d 912 (Kan. Ct. App. 2014).
“K.S.A. 2011 Supp. 21-5508(a)(1) defines this offense as “enticing, commanding, inviting, persuading or attempting to persuade a child 14 or more years of age but less than 16 years of age to .”
State v. Clark, 444 P.3d 375 (Kan. Ct. App. 2019).
· cites it 3× “We begin with K.S.A. 2014 Supp. 21-5508, the statute criminalizing aggravated solicitation of a child.”
State v. Hopkins, 500 P.3d 1227 (Kan. Ct. App. 2021).
“21-5503(b)(1) (depending on subsection, rape ranges from an off-grid crime to severity-level 1 or 2 felony); K.S.A. 2020 Supp. 21-5506(c)(2) (aggravated indecent liberties with a child is a severity-level 3 or 4 felony); K.”
State v. Blick, 503 P.3d 271 (Kan. Ct. App. 2022).
“Blick's lawyer worked out an arrangement with the State calling for Blick to plead guilty to an amended charge of attempted indecent solicitation of a child, a severity level 8 person felony violation of K.S.A. 2013 Supp. 21-5508. Under the sentencing guidelines, Blick faced a…”
State v. St. John, 444 P.3d 1015 (Kan. Ct. App. 2019).
“Criminal sodomy and aggravated criminal sodomy under K.S.A. 2017 Supp. 21-5504(a)(3), (a)(4), and (b) ; 4.”
State v. Bird, 518 P.3d 827 (Kan. Ct. App. 2022).
“21- 5506(b) (count 1); and one count of aggravated indecent solicitation of a child under 14 years old, in violation of K.S.A. 2017 Supp. 21-5508(b) (count 2). His jury trial began on January 22, 2019, but the selected jurors were released before administering their oath because…”
State v. Lee, 548 P.3d 387 (Kan. Ct. App. 2024).
“See K.S.A. 21-5508(b)(1). Jane testified that, after telling her to sit on the countertop and spread her legs, Lee asked Jane "[i]f he could eat [her] front private part bottom.”
State v. Novak, 551 P.3d 802 (Kan. Ct. App. 2024).
“Along with the factors relied on in his dispositional departure motion, Novak also pointed out that if his conduct had occurred in person rather than online, he would have been charged with the lesser offense of aggravated indecent solicitation of a child under K.S.A.…”
K.S.A. § 21-5508(a): 1 case
State v. St. John, 444 P.3d 1015 (Kan. Ct. App. 2019).
“Criminal sodomy and aggravated criminal sodomy under K.S.A. 2017 Supp. 21-5504(a)(3), (a)(4), and (b) ; 4.”
K.S.A. § 21-5508(a)(1): 1 case
State v. Reed, 336 P.3d 912 (Kan. Ct. App. 2014).
“K.S.A. 2011 Supp. 21-5508(a)(1) defines this offense as “enticing, commanding, inviting, persuading or attempting to persuade a child 14 or more years of age but less than 16 years of age to .”
K.S.A. § 21-5508(b): 3 cases
State v. Bird, 482 P.3d 1157 (Kan. Ct. App. 2021).
“S.A. 2017 Supp. 21-5508(b) (Count 2). The indictment contains little to no factual information, but a review of other pleadings establishes that the charges stemmed from allegations that Bird touched a child on the leg in a restaurant and then invited her to come swim at his…”
State v. Bird, 518 P.3d 827 (Kan. Ct. App. 2022).
“21- 5506(b) (count 1); and one count of aggravated indecent solicitation of a child under 14 years old, in violation of K.S.A. 2017 Supp. 21-5508(b) (count 2). His jury trial began on January 22, 2019, but the selected jurors were released before administering their oath because…”
State v. Novak, 551 P.3d 802 (Kan. Ct. App. 2024).
“Along with the factors relied on in his dispositional departure motion, Novak also pointed out that if his conduct had occurred in person rather than online, he would have been charged with the lesser offense of aggravated indecent solicitation of a child under K.S.A.…”
K.S.A. § 21-5508(b)(1): 4 cases
State v. Bird, 482 P.3d 1157 (Kan. Ct. App. 2021).
“S.A. 2017 Supp. 21-5508(b) (Count 2). The indictment contains little to no factual information, but a review of other pleadings establishes that the charges stemmed from allegations that Bird touched a child on the leg in a restaurant and then invited her to come swim at his…”
State v. Clark, 444 P.3d 375 (Kan. Ct. App. 2019).
“We begin with K.S.A. 2014 Supp. 21-5508, the statute criminalizing aggravated solicitation of a child.”
State v. Lee, 548 P.3d 387 (Kan. Ct. App. 2024).
“See K.S.A. 21-5508(b)(1). Jane testified that, after telling her to sit on the countertop and spread her legs, Lee asked Jane "[i]f he could eat [her] front private part bottom.”
K.S.A. § 21-5508(b)(2): 1 case
State v. Bird, 482 P.3d 1157 (Kan. Ct. App. 2021).
“S.A. 2017 Supp. 21-5508(b) (Count 2). The indictment contains little to no factual information, but a review of other pleadings establishes that the charges stemmed from allegations that Bird touched a child on the leg in a restaurant and then invited her to come swim at his…”
K.S.A. § 21-5508(c)(1): 1 case
State v. Hopkins, 500 P.3d 1227 (Kan. Ct. App. 2021).
“21-5503(b)(1) (depending on subsection, rape ranges from an off-grid crime to severity-level 1 or 2 felony); K.S.A. 2020 Supp. 21-5506(c)(2) (aggravated indecent liberties with a child is a severity-level 3 or 4 felony); K.”
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