Actually a friend of mine got arrested in Wyandotte county for facilitation, she drove someone, and it WAS a misdemeanor.
Originally Posted by Allie_Kat
Great! The prosecutor was an idiot or they had a good attorney! In Kansas you're right, § 21-3513, promoting prostitution is a class A person misdemeanor when the prostitute is 16 or more years of age. However, most all jurisdictions in Kansas now stack charges to include a felony charge under § 22-3901 since personal property (a vehicle) was / is involved and they want to seize the property (under nuisance abatement) - in most instances, your car is toast and you're not going to see it again once it is towed (this applies most often - however, perhaps your friend's vehicle had a large note owed on it and they would have lost it to the finance company or a private individual or it wasn't worth enough to process the paperwork). There is no provision in § 22-3901 that states the promotion has to be habitual (although it does immediately define habitual promoting after defing a single instance of promoting in the statute), it just has to be ONE instance (here is some case history [precedence] if you'd care to look it up: L. 1970, ch. 129, § 22-3901; L. 1990, ch. 114, § 1; L. 2002, ch. 18, § 1; L. 2004, ch. 1, § 4; L. 2006, ch. 194, § 11; L. 2009, ch. 32, § 43; July 1.) . . . then to top it all off, if you are charged under § 22-3901 you're looking at a charge under § 21-3302, conspiracy to commit said felony (the § 22-3901 charge), which is in itself ANOTHER felony.
Not to mention that if you provide aid to the person committing the misdemeanor (such as providing surveillance or security), that person (you, the driver) can be charged with an additional felony (if you'd like the specific citation and the case history I can provide that also) . . .
I'm not arguing that you've read the statute correctly or that your "friend" may have skated on a class A for driving . . . in most Kansas jurisdictions, just as in Missouri, they stack charges. There is a whole other discussion regarding this and similar issues in the "A Question of Legality" section here on ECCIE, but I would assume that since you feel that I was mistaken in my initial posting that you'll probably feel safe that all you are risking is a class A misdemeanor. In which case, great, the low hanging fruit always gets picked first.
In the least case scenario you've told LE that Cadence doesn't drive and if they make an appointment with her and get her to commit to the booking and she shows up, even if they leave it at a misdemeanor for her and the driver, they're still getting "two for one" - at worst, you've set her up to not be called as often for an appointment because most all gentlemen that read this board know that LE reads it more than they do (unless they are in a complete state of delusion) and now they know LE knows they're getting two for one on her and they have more reason to pay attention. So, unless she offers incall often, she might have a little too much heat follow her for most . . .
As I said, sometimes, LESS said is better, but you pushed it. Cadence could have just posted herself and none of the "driving her" issue may have ever surfaced, etc.
I've seen too much discovery to believe that in Kansas it is left as a misdemeanor very often, in fact, I'd be surprised if there wasn't an extenuating circumstance that ultimately led the prosecutor to only file the misdemeanor charge on your "friend".
I don't mean to sound harsh, but I feel that appropriate information should be disseminated. I apologize for not being more specific on how (and why) they want the driver to be charged at the felony level in Kansas in my initial response.
Sometimes, they want the driver more than the lady in the appointment. Depending on the situation, the driver is a better asset to be "developed" than the lady ("here's where I drove her last week", etc.).
Also, you say that you (as a driver) didn't know whom you were taking her to see . . . so you had no idea what you were driving into?
Kisses,
- Jackie