TOPEKA — The Kansas Court of Appeals today again upheld the 17-year prison sentence of Matthew Limon, who was sentenced for engaging in homosexual sex with a minor.
Under state law, if Limon had engaged in sex with an underage girl, he would have faced a maximum sentence of one year and three months in prison.
In 2002, the Kansas appeals court rejected Limon's challenge of his conviction, but the U.S. Supreme Court in June struck down a Texas law that criminalized gay sex and returned the Limon case to the Kansas courts for reconsideration.
The Kansas court today in a 2-1 decision affirmed the original sentence.
Judge Henry Green Jr. held that the facts in the Texas case differed from those in the Limon case; specifically in not dealing with sex with minors.
Judge G. Joseph Pierron was the lone dissenter, arguing that Kansas law that mandates higher prison sentences for illegal sex acts, based on whether the defendant is the same sex as the victim, was unconstitutional.
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Under state law, if Limon had engaged in sex with an underage girl, he would have faced a maximum sentence of one year and three months in prison.
In 2002, the Kansas appeals court rejected Limon's challenge of his conviction, but the U.S. Supreme Court in June struck down a Texas law that criminalized gay sex and returned the Limon case to the Kansas courts for reconsideration.
The Kansas court today in a 2-1 decision affirmed the original sentence.
Judge Henry Green Jr. held that the facts in the Texas case differed from those in the Limon case; specifically in not dealing with sex with minors.
Judge G. Joseph Pierron was the lone dissenter, arguing that Kansas law that mandates higher prison sentences for illegal sex acts, based on whether the defendant is the same sex as the victim, was unconstitutional.
More from LJWorld