Joseph Banker, a former youth pastor at a Fort Scott church, was sentenced Feb. 2 for sexual exploitation of a child.
“The judge granted our request for probation,” Chris Meek, Banker’s defense attorney said in an interview.
“There were victims who made statements (during the sentencing) and their parents,” Meek said.
“My client’s wife and my client made statements to the court.”
“It was emotional,” he said.
“I absolutely think that the judge made the correct decision,” Meek said.
Following the Feb. 2 sentencing, Judge Amy Harth requested the court have another meeting, Bourbon County Prosecuting Attorney Jackie Spradling said in an interview.
Meek, Spradling, and Harth have been corresponding via email since the sentencing, Meek said.
“Judge Harth gave the wrong probation during the sentencing (Feb.2),” Meek said Monday. “It should have been 36 months for probation and the post-release supervision is 60 months.”
“Judge Harth inadvertently put 60, it should’ve been 36 months,” Spradling said. “We’ll have to redo that….there is no date for undoing that (yet).”
Banker pleaded No Contest to:
Sexual exploitation of a child to promote performance with a child less than 18 years old, with a violation date of Aug. 1, 2009.
Sexual exploitation of a child to promote performance with a child less than 18 years of age, with a violation date of Nov. 1, 2009.
Both of these charges are Severity Level 5 Person Felony.
The following charges were dismissed:
Electronic sexual exploitation of a child 14 to less than 16 years of age, violation date Sept. 21, 2009.
Sexual battery, violation date Nov. 1, 2009.
Click here to see previous stories:
Court Hears From Mental Health Professionals in Banker Case
The public often is uninformed about what the sexual offender must do following sentencing.
Here are some of the highlights from the Kansas Public Offender Registry. To see the full duties of the offender: https://www.kbi.ks.gov/registeredoffender/FAQ.aspx#duties
The offender must register with each registering law enforcement agency in the county or location of jurisdiction. Each time the offender must be photographed, pay a registration fee of $20, and complete the registration form with all information and updated information required for registration as provided in K.S.A. 22-4907.
The offender is required to report four times a year in person to the registering law enforcement agency in the county or location of the jurisdiction where they reside, maintain employment, or attend school. After initial registration, they must report in their birth month and every third, sixth, and ninth month occurring before and after.
The offender must register in person upon any commencement, change or termination of residence location, employment status, school attendance or other information within three days to the registering law enforcement agency or agencies where last registered and provide a written notice to the Kansas Bureau of Investigation.
The offender’s driver’s license and identification card shall indicate that they are a registered offender. If maintaining a primary residence in Kansas, they must surrender all other driver’s licenses and identification cards from other states, territories, and the District of Columbia, except if they or an immediate family member is maintaining active duty in any branch of the United States military.
If this is the offenders first adult conviction, they must register for fifteen (15) years unless a longer term is specified or present term limits are amended by statute for any of the following:
Sexual battery, Adultery if one party is less than 18 years of age, Patronizing a prostitute if one party is less than 18 years of age, Lewd and lascivious behavior if one party is less than 18 years of age, Capital murder, Murder in the first degree, Murder in the second degree, Voluntary manslaughter, Involuntary manslaughter, Criminal restraint if the victim is less than 18 years of age, Any act which has been determined beyond a reasonable doubt to have been sexually motivated, Conviction of any person felony and the court makes a finding on the record that a deadly weapon was used in the commission of such person felony, Unlawful manufacture or attempting such of any controlled substance or controlled substance analog, Possession of ephedrine, pseudoephedrine, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia or phenylpropanolamine, or their salts, isomers or salts of isomers with intent to use the product to manufacture a controlled substance, Unlawful sale of or distribution of a controlled substance. This time period does not include any time incarcerated in any jail or correctional facility or any period of non-compliance with the requirements of the Act.
If convicted as an adult of a second or subsequent offense(s) covered by the Act, they are required to register for life. Any conviction for an attempt, conspiracy or solicitation requires registration for the same term as the underlying offense.
If this is a first adult conviction, they must register for twenty-five (25) years unless a longer term is specified or present term limits are amended by statute for any of the following:
Criminal sodomy if victim is 16 or more years of age but less than 18 years of age and a member of the same sex or an animal, Indecent solicitation of a child, Electronic solicitation, Aggravated incest, Indecent liberties with a child, Unlawful sexual relations, Sexual exploitation of a child if the victim is 14 or more years of age but less than 18 years of age, Aggravated sexual battery, Promoting prostitution if the prostitute is 14 or more years of age but less than 18 years of age. This time period does not include any time incarcerated in any jail or correctional facility or any period of non-compliance with the requirements of the Act.
If convicted as an adult of a second or subsequent offense(s) covered by the Act, they will be required to register for life. Any conviction for an attempt, conspiracy or solicitation requires registration for the same term as the underlying offense.
The offender must register for life if convicted of any of the following crimes:
Rape, Aggravated indecent solicitation of a child, Aggravated indecent liberties with a child, Criminal sodomy if the victim is 14 or more years of age but less than 16 years of age or animal, Aggravated criminal sodomy, Aggravated human trafficking, Sexual exploitation of a child if the victim is less than 14 years of age, Promoting prostitution if the prostitute is less than 14 years of age, Kidnapping, Aggravated kidnapping, Any person who has been declared a sexually violent predator pursuant to K.S.A. 59-29a01 et seq. Any conviction for an attempt, conspiracy or solicitation requires registration for the same term as the underlying offense.
If the offender travels outside of the United States, they will report in person to the registering law enforcement agency and provide written notice to the Kansas bureau of investigation 21 days prior to any such travel. They will provide an itinerary including, but not limited to, destination, means of transport and duration of travel.
If the offender uses the internet, they are required to report to the registering law enforcement agency any and all: email addresses; online identities; information relating to membership in any and all personal web pages or online social networks; and internet screen names.
Pursuant to Title 18, United States Code, Section 2250, if a sex offender fails to register or fails to report a change in residence, employment, or student status, and travels in or moves across state lines, the offender can be charged with a federal crime and punished by up to ten (10) years imprisonment.
If the offender receives an expungement for the crime that required registration, the registration obligation does not terminate.
2 thoughts on “Banker Sentenced To 36 Months Probation”
This is absolutely ridiculous! He pled no contest, not fighting the charges brought against him for messing with minors and they only give him 3 years probation! WHAT!? This sicko should rot in prison for the rest of his miserable life! Or better yet, end his sorry existence!
I think it is horrid he did not have to go to jail. People who assault children are dangerous and remain dangerous. Considering he worked as a minister makes it even more egregious!!