State v. Chanthaseng, 293 Kan. 140

Summary

The Supreme Court of Kansas affirmed Phouthavy Chanthaseng’s conviction for aggravated indecent liberties with a child and his sentence under Jessica’s Law. The court declined to reach an unpreserved hearsay issue, held that prosecutorial misconduct occurred when the prosecutor argued that delayed disclosure was typical of child sexual abuse victims, but concluded the misconduct was not reversible plain error. The court also held that although the defendant’s age was an essential element that should have been submitted to the jury, the instructional omission was harmless because his age was uncontested and supported by overwhelming evidence.

Holdings

1. The court declined to reach the merits of Chanthaseng's evidentiary arguments because they were not presented to the district court and none of the recognized exceptions to the preservation requirement applied.
2. The prosecutor committed misconduct by arguing during closing that delayed or piecemeal disclosure of child sexual abuse was typical or indicative of trustworthiness based on jurors' personal experiences, but the misconduct was not plain error and did not require reversal.
3. Chanthaseng's age of 18 or older was an essential element of the off-grid offense under Jessica's Law, and the district court erred by omitting that element from the jury instructions; however, the error was harmless because Chanthaseng's age was uncontested and supported by overwhelming evidence, so resentencing was not required.

Questions Presented

1. Whether the appellate court should review Chanthaseng's unpreserved claim that testimony about Nguyen's statements was admissible as nonhearsay or under K.S.A. 60-460(j).
2. Whether the prosecutor committed reversible misconduct by arguing that delayed disclosure is typical of child sexual-abuse victims and by commenting on M.C.T.'s credibility.
3. Whether the failure to instruct the jury that Chanthaseng had to be at least 18 years old when the offense occurred required resentencing under Jessica's Law.

Disposition

affirmed