Topics
Criminal Law
Dangerous Distracted Drivers
Dangers of Texting and Driving
Divorce Procedure
Divorce is a Lawsuit
Dog Bites Human; Human Recovers Damages
Doguman Bite Human; Human Recovers Damages
Nuts and Bolt of Auto Insurance
Should I consult with an attorney before cooperating with the other party?s insurance company?
What is Negligence?
When Accidents Occur
When to Hire a Car Accident Lawyer
Recent Updates
January 09, 2010
Dog Bites Human; Human Recovers Damages
November 29, 2009
DWD
November 28, 2009
Distracted Driving Statistics
November 23, 2009
Divorce is a Lawsuit
November 23, 2009
What is Negligence?
Archives
Age Does Matter When You are Talking Jessica’s Law
Posted by: Tim Keck
September 02, 2009
Topic: Criminal Law
In 2006 the Kansas Legislature passed "Jessica's Law" which requires stricter sentencing for sex offenses based on the age of the defendant and the alleged victim. Under the Jessica's Law, a Defendant who is 18 years or older and commits a sex crime against a child, would be sentenced to 25 years for a first time offense, and repeat offenders receive a sentence up to life without parole.
Three recent cases decided by the Supreme Court of the State of Kansas show that age does matter. On July 2, 2009 the Supreme Court ruled in State v. Bello, that " . . .the State presented no evidence as to [Bello's] age, and the trial Court did not instruct the jury to make a finding that Bello was age 18 years or older." As a result Bello will be sentenced to up to 20 years less than what Jessica's Law would require. The other two cases with similar rulings are State v. Gonzales (decided July 24, 2009) and State v. Morningstar (decided August 14, 2009).
