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Archive for Friday, April 12, 2013

Kansas Supreme Court rules in two cases involving indecent liberties with minors

April 12, 2013

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— The Kansas Supreme Court on Friday issued decisions in two local cases dealing with indecent liberties with minors.

In a Douglas County case, Zachary Toahty-Harvey pleaded no contest to a charge of aggravated liberties with a child and was sentenced to five years in prison and then lifetime supervision after his release.

The charge stemmed from allegations that in 2009, Toahty-Harvey, then 26, fondled a 12-year-old girl.

Toahty-Harvey claimed that post-release lifetime supervision was cruel and unusual punishment, but the court rejected his arguments and affirmed the sentence.

In a Jefferson County case, Mark Waggoner, who at the time was 58, was convicted in 2010 of aggravated indecent liberties with a child under 14.

He was sentenced to life imprisonment with a mandatory term of no less than 25 years. The court also sentenced him to lifetime post-release supervision and electronic monitoring.

The Supreme Court upheld his conviction and sentence, but said that because he was sentenced under Jessica's Law, which imposes a harsher sentence on defendants, he could only leave prison if granted parole, at which time the terms of his release would be set.

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