State v. Zabrinas

The opinion of the court was delivered by

Larson, J.:

This is David Zabrinas’ direct appeal of his conviction of one count of sexual exploitation of a child, K.S.A. 21-3516, a severity level 5 person felony, for which he was sentenced to 256 months in prison.

Zabrinas, through the appellate defender, contends (1) K.S.A. 21-3516 is facially overbroad in violation of the First Amendment to the United States Constitution because it criminalizes “exhibition in the nude” of children under age 16 and has no scienter requirement, (2) his statements were erroneously admitted, (3) the court erred in…