New Law Gives Judges More Discretion in Child Sex Cases

June 11 - Pictures of dozens of Kansas children are posted on a sex offender website, but are they guilty of sex crimes or are they just kids being kids? The blurred line between crime or play is becoming clearer thanks to a change brought with a new law.

While most people are familiar with Jessica's Law, the new law to crack down on repeat sex offenders, many probably don't realize a bill signed the same day also aims to help children labeled as sex offenders. When Governor Kathleen Sebelius signed Jessica's Law back in May, she also signed another bill pertaining to sex offenders. It includes a small provision that will help differentiate innocent sexual curiosity from real sex crimes.

Children as young as 10-years-old can currently be listed on the sex offender website. Their faces, addresses and crimes displayed for anyone to see, even though juvenile criminal records are generally sealed. Any child over the age of 10 who is convicted of a sex crime has to register with the KBI. They're then put on the website.

Under the new law, one Kansas senator says the judge will get to decide if the child sex offender's deed warrants his or her picture being displayed here. Wichita attorney Dan Monnat says it's important for judges in juvenile cases to have wide discretion.

"Because in a juvenile case, it's different than the ordinary criminal case. In a juvenile case, the state's interest is as parent with an interest toward rehabilitation," said Monnat.