Difficulties Encountered When Charged With A Utah Sex Crime

Angela, on the topic of  Child Sex Crimes, Legal Process, Sexual Assault
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Although in the Utah criminal justice system everyone without exception is considered innocent until proven guilty, there are consequences of merely being charged with a Utah sex crime that can impact a person’s everyday life; such as employment and housing opportunities. A good Utah sex crimes defense attorney may be able to minimize some of the negative impact that comes along with being charged with a rape, child sex abuse or possession of child porn.

Even after you have had your sex case dismissed or have been acquitted, the mere fact that you were arrested may continue to impact your life because your criminal history will continue to reflect that you were arrested. In such a case, you are entitled to have your record expunged and it is highly advisable that you do so. Once your record is expunged, you are legally entitled to answer the question of whether you have ever been arrested or charged with a crime by saying no.

S.L.C. Let’s Beat the O.C.

Angela, on the topic of  Child Sex Crimes, news, Sex Offenders
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The LA times reported an Orange County teacher accused of being sexually involved with one of her students. Band teacher, Carlie Atterbury was accused of having a sexual relationship with one of her 15 year old students for over a year. Prosecutors said that “The two regularly met at Attebury’s home and exchanged sexually explicit text messages”.  Atterbury is being tried January 2011.

 What does this mean for Utah? Just because our school districts are populous, juveniles beware of sexual relations with a school teacher.

Utah’s Evolving Sex Solicitation Laws

Brooke, on the topic of  Uncategorized
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Under Utah statute 76-10-1313 a person is guilty of sex solicitation if they offer or agree to commit any sexual activity with another person for a fee or offer or agree to pay a fee for any sexual activity with another person. This is an intent based crime, meaning you must have the intent to engage in the sexual act in order to be guilty of the offense. Utah recently broadened the law to include requesting another person to expose their genitals or masturbate or engage in any act of lewdness.

The purpose behind the broader definition is to assist undercover officers trying to bust prostitutes. Often prostitutes will ask potential customers to expose themselves as a test to show they are not law enforcement which leaves undercover officers in the awkward position of complying with the request or risk losing the bust. Now officers can make an arrest when asked to engage in the sexual conduct as defined by law, including being asked to expose themselves.

Sex solicitation is a class B misdemeanor in Utah and if convicted of the offense, a violator could face up to 6 months in jail, a fine and up to a year of probation.

A Broomstick For a Different Type of Witch

Angela, on the topic of  Sexual Assault
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 A Roosevelt, Utah woman is accusing her husband of sodomizing her with a broomstick after she forgot to do the dishes. The woman’s story started to waiver, however, after she changed her views as to whether she had access to a telephone or car after the incident. The alleged victim had not sought medical or emotional attention after the incident and only reported the incident when her husband of 16 years threatened to divorce her. The woman said that after she was sodomized she bleed for two days but never got any help because she was scared her husband would kill her. The Deseret news reports that the husband of the alleged victim told the jury “that his wife had the means to seek help if the incident had occurred because she managed his handyman business and had access to bank accounts, a cell phone, a home phone and the Internet”. The man did admit that he had threatened to sodomize his wife with a broomstick during a fight but never followed through with the threat. Innocent until proven guilty but it looks like there’s a broomstick for a different type of witch.

Can Utah Police Search My Home For Evidence In Sex Crime Like Possession Of Child Porn?

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Legal Process, Utah Law
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The United States Supreme Court has repeatedly held that a person’s home is subject to the greatest protection under the Fourth Amendment of the United States Constitution.

Before an officer may search a home for evidence of a sex crime, the officer must first secure a search warrant from a Judge. There are a few exceptions to this general rule but the exceptions are narrow. Even though an officer does not have a warrant, if the officer is attempting to search your home, you should not physically resist the officer. Instead, step out of the way and let the officer do what he or she is going to do. Do not consent to the search but do not physically resist it either. It is best to raise these issues in court rather than risk a confrontation between yourself and the police. Rarely does a citizen win in such situations and they are almost always a threat to your physical safety. If the officer asks you questions, you should respectfully decline to answer them. You are under no legal obligation to answer questions even if the officer has a warrant.

When dealing with the police remember the three golden rules:

1. Don’t trust or believe the police.

2. Don’t resist being handcuffed.

3. Don’t say a damn thing

Flashing is a Crime in Utah

Brooke, on the topic of  news, Sex Offenders, Uncategorized, Utah Law
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In recent weeks, Salt Lake and Davis counties have had a rash of incidents involving one of more flashers. Earlier this week, Farmington Police arrested a 34 year old Layton man believed to have exposed himself to 10 women. According to police the man said it was a “turn on and a thrill for him” to expose himself. Police are unable to determine at this time if this is the same person connected to reports of a nude man in the Mill Creek Canyon area.

In Utah, a person is guilty of Lewdenss if he or she commits a sexual act in front of another in public which does not amount to rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault or an attempt to commit such offenses in a public place or under circumstances which the person should know will likely cause affront or alarm to, on, or in the presence of another who is 14 years of age or older. It includes acts such as sodomy or sexual intercourse, exposing the private areas of the body, masturbating, and other acts which could be considered “lewd” by a reasonable person.

It is a class B misdemeanor if this a first or second offense however it is a third degree felony if convicted of lewdness two or more times or if you are a convicted sex offender. If the act is committed in from of a child (someone under 14 years of age) then it is a class A misdemeanor. Here in Utah, public breastfeeding is exempt from  lewdness statutes even if some area of the breast is exposed.

If you have been charged with an offense which may violate public decency laws contact an attorney for advice.

Competent to Stand Trial in Utah?

In Utah, a defendant must be able to understand the nature of the charges against them, their rights and be able to participate in their own defense and if they are unable to do so because of mental illness or other mental deficiencies a defendant may be found incompetent to stand trial. Between 2% and 8% of all felony defendants in the United States are referred for competency evaluations. Here in Utah, if a defendant is found incompetent to stand trial they are committed to the executive director of the Department of Human Services to see if they can be restored to competency through treatment and/or medication. If however, competency isn’t restored and there is a substantial probability that the defendant will not become competent in the foreseeable future the court must release the defendant from the custody of the director unless the court is informed of civil commitment proceedings.
Such is the case for a Utah man who in 2007 was charged with rape, sodomy and aggravated sexual abuse of a child. Lonnie Johnson was declared incompetent to stand trial after numerous competency evaluations and has been held at the Utah State Hospital since 2008. In April 2011 Mr. Johnson was released by a 4th District Court Judge who had no legal basis for continuing to hold him based on a doctor’s report that it was unlikely that he would ever regain competency. Prosecutor’s are now working to have Johnson civilly committed. If however prosecutors are unable to show that Johnson’s mental illness makes him a danger to himself or others it is possible he will be set free.

How DNA testing Works

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Evidence, Video
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DNA testing is often used in sex cases and the following video explains how the DNA testing is done. In a rape case the suspect will often leave DNA behind in the form of pubic hair, saliva or seamen. A suspect’s DNA may also be found on ordinary items such as a cigarette or a drinking cup. Juries expect hard evidence in a sex case and prosecutors are increasingly relying of DNA evidence because that is what juries expect.

Utahn’s Don’t Need to Be Scared of The Burbank Flasher

Angela, on the topic of  Sex Offenders
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The Flasher might appear to be some sort of superhero name but for Burbank, California police it is much different. Burbank police are looking for a man accused of flashing several women 3 times in Magnolia Park Neighborhood, The LA Times reports. “Police say the man whistles towards groups of women to get their attention, and then exposes himself”. Luckily for Utahns, there is no worry about the notorious Burbank flasher but there still might be one in store from a MARVEL comic book.

Utah’s Legal Definition of the Sexual Exploitation of a Minor

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Child Sex Crimes, internet sex crimes, Sex Offenders
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(1)   A person is guilty of sexual exploitation of a minor:

     (a) when he knowingly produces, distributes, possesses, or possesses with intent to distribute material or a live performance depicting:

          (i) a nude or partially nude minor for the purpose of causing sexual arousal of any person; or

         (ii) any minor’s engagement in sexual conduct alone or with another person; or

     (b)  if he is a minor’s parent or legal guardian and knowingly consents to or permits that minor to be sexually exploited under Subsection (1)(a) above.

(2) Sexual exploitation of a minor is a felony of the second degree

(3) It is a separate offense under this section:

     (a) For each minor depicted, an dif more than one minor is depicted in the same material or live performance in violation of this section, the depiction of each individual minor or the material or live performance is a separate offense;

     (b) Each time the same minor is depicted in different material; and

     (c) Each time the same minor is depicted in a separate live performance.