photo by: Kim Callahan/Journal-World

Kyle Elder, left, appears Thursday, April 24, 2025, in Douglas County District Court with attorney Hatem Chahine.

The Douglas County District Attorney’s Office is requesting that the probable cause affidavit of a New York-registered violent sex offender accused of multiple child sex crimes in Douglas County be kept under wraps.

Senior Assistant District Attorney Ricardo Leal has asked a judge to seal the document that details the circumstances around the arrest of Kyle Elder, 35, who stands accused of 10 counts of sexual exploitation of a child and one count of electronic solicitation. Elder, of Tonawanda, New York, was extradited to Kansas late last summer, and he was originally charged with just three counts: one count of electronic solicitation, one count of sexual exploitation of a child and one count of aggravated internet trading in child pornography — all connected to the same child, who is listed as having been born in 2010, for incidents said to have occurred in July 2024. The criminal complaint has since been amended to add the additional counts.

On Monday, in response to the Journal-World’s request for the affidavit, Leal filed a motion to seal stating that release of the information in the arrest affidavit would “jeopardize the physical, mental or emotional safety or well-being of a victim, witness, confidential source or undercover agent, or cause the destruction of evidence” and would reveal identifying information about the victim such as name, address and phone number.

Leal acknowledged that such information could be redacted and supplied the court with a redacted version, while still arguing for a total seal on the material.

The Journal-World does not identify alleged victims of sex crimes.

According to reporting from the Niagara Gazette in New York, Elder was taken into custody Aug. 23 by officers from the Lawrence Police Department, assisted by New York law enforcement, who forced their way into a home in Falls, New York, and arrested Elder.

The Gazette reports that Elder is a sex offender who was convicted in 2015 in New York of one count of use of a child under 17 years old in a sexual performance and one count of second-degree course of sexual conduct against a child. He was sentenced to 10 years in prison and is currently serving 10 years of post-release supervision.

According to the New York registry of sexual offenders, Elder’s victim in the second New York case was a 5-year-old girl.

At a hearing last week in Douglas County, it was disclosed that federal charges are likely in the works for Elder, who is represented by appointed attorney Hatem Chahine. Elder’s bond has been set at $250,000 cash or surety.

Judge Amy Hanley is expected to rule on the motion to seal in coming weeks.