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STATE v. SANDBERG

No. 100,037.

235 P.3d 476 (2010)

STATE of Kansas, Appellee, v. Jason S. SANDBERG, Appellant.

Supreme Court of Kansas.

July 23, 2010.

Attorney(s) appearing for the Case

Shawn E. Minihan, of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Jason E. Geier, assistant district attorney, argued the cause, and Jamie L. Karasek, assistant district attorney, Robert D. Hecht, district attorney, and Steve Six, attorney general, were on the brief for appellee.

The opinion of the court was delivered by LUCKERT, J.:

In enacting K.S.A. 21-3523, the Kansas Legislature defined two severity levels for an offense of electronically enticing or soliciting a child to commit or submit to an unlawful sex act. The only distinction between the two severity levels is the age of the person being enticed or solicited or, more accurately, the age the offender believes that person to be. A more severe punishment may be imposed if the offender...

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