Supreme Court of Kansas
35 P.3d 910 (Kan. 2001)
Susan Brown (defendant) made arrangements for Teresa Lawrence, one of Brown’s employees, to purchase the baby of Samantha Pruitt, a former employee. With Brown’s assistance, an agreement was reached under which Pruitt would give her baby to Lawrence in exchange for a new car, a cell phone, and $800. Under the terms of the agreement, Brown was to receive half of the money, or $400, as compensation for Brown’s role in facilitating the agreement. Pruitt transferred the baby to Lawrence, but the compensation due under the agreement was not immediately paid. Before the payment took place, Brown was convicted under a Kansas statute that made it a felony to knowingly and intentionally receive or accept clearly excessive fees in connection with an adoption. Brown appealed, arguing that because the payment had not been made, Brown had not yet received or accepted the $400 and thus had not yet violated the Kansas statute.
Rule of Law
Holding and Reasoning (McFarland, C.J.)
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