State of Kansas v. Shawn Phillip Rosenberg

Hutchinson, Kansas criminal defense lawyer represented Defendant charged with aggravated indecent liberties with a child.



Shawn Rosenberg was accused of sexually molesting a teen over three years.



Under sexual assault law, indecent liberties with a child is defined in Kansas as the lewd fondling or touching of a child who is over the age of 14 but less than 16 when the fondling or touching is committed with the intent to arouse or satisfy the sexual desires of the child or the offender, or soliciting a child to engage in lewd fondling or touching of another person with the intent to arouse or satisfy sexual desires.



Indecent Liberties with a Child in Kansas may be a severity level 3 or severity level 4 person felony, depending upon the act itself.



Aggravated Indecent Liberties with a Child includes sexual intercourse with a child over the age of 14 but younger than 16; or engaging in lewd fondling or touching with a child over 14 but under 16 when the child does not consent.



Aggravated indecent liberties with a child is also defined as any lewd fondling or touching of a child under 14 years of age. When the offender is over 18, this sex crime is an off-grid person felony, and falls within the purview of a Kansas Jessica's Law.



When Aggravated Indecent Liberties is committed with a child over 14 years of age but under 16, the crime is a severity level three personal felony.



21-5506. Indecent liberties with a child; aggravated indecent liberties with a child. (a) Indecent liberties with a child is engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age:



(1) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or



(2) soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.



(b) Aggravated indecent liberties with a child is:



(1) Sexual intercourse with a child who is 14 or more years of age but less than 16 years of age;



(2) engaging in any of the following acts with a child who is 14 or more years of age but less than 16 years of age and who does not consent thereto:



(A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or



(B) causing the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another; or



(3) engaging in any of the following acts with a child who is under 14 years of age:



(A) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child or the offender, or both; or



(B) soliciting the child to engage in any lewd fondling or touching of the person of another with the intent to arouse or satisfy the sexual desires of the child, the offender or another.



(c) (1) Indecent liberties with a child is a severity level 5, person felony.



(2) Aggravated indecent liberties with a child as defined in:



(A) Subsection (b)(1) is a severity level 3, person felony;



(B) subsection (b)(2) is a severity level 4, person felony; and



(C) subsection (b)(3) is aseverity level 3, person felony, except as provided in subsection (c)(3).



(3) Aggravated indecent liberties with a child as defined in subsection (b)(3) or attempt, conspiracy or criminal solicitation to commit aggravated indecent liberties with a child as defined in subsection (b)(3) is an off-grid person felony, when the offender is 18 years of age or older.



(d) If the offender is 18 years of age or older, the provisions of:



(1) Subsection (c) of K.S.A. 2012 Supp. 21-5301, and amendments thereto, shall not apply to a violation of attempting to commit the crime of aggravated indecent liberties with a child as defined in subsection (b)(3);



(2) subsection (c) of K.S.A. 2012 Supp. 21-5302, and amendments thereto, shall not apply to a violation of conspiracy to commit the crime of aggravated indecent liberties with a child as defined in subsection (b)(3);



(3) subsection (d) of K.S.A. 2012 Supp. 21-5303, and amendments thereto, shall not apply to a violation of criminal solicitation to commit the crime of aggravated indecent liberties with a child as defined in subsection (b)(3).



(e) It shall be a defense to a prosecution of indecent liberties with a child, as defined in subsection (a)(1), and aggravated indecent liberties with a child, as defined in subsections (b)(1), (b)(2)(A) and (b)(3)(A) that the child was married to the accused at the time of the offense.



The Hutchinson News

Defendant was found guilty.