Agg indecent solicitation not a lesser of agg indecent liberties

I won in State v. Johnson, No. 91,867 (Kan. April 27, 2007), reversing a Shawnee County agg indecent solicitation of a child conviction. I won't bore you with the details, but the state had requested solicitation as a lesser and got that verdict. I argued that under State v. Dickson, particularly as charged and instructed, solicitation is not a lesser. The KSC agreed and reversed Mr. Johnson's sentence. He has already served the entire probation and was discharged some time ago, so it is somewhat of a Pyrrhic victory. But at least the conviction won't be on his record.

I guess the lesson is that the KSC is taking a pretty strict construction of some of these statutes, so if you are dealing with sex offenses, be sure to look closely at the charging document and the statute.