While it may be funny to many to flash your bum at a friend while in a car, doing so can get you charged with a Class B misdemeanor. Flashing in public is treated the same as if the defendant was having sex in public or publicly masturbated.
U.C.A. § 76-9-702(1): Lewdness
(1) A person is guilty of lewdness if the person … performs any of the following acts 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: (a) an act of sexual intercourse or sodomy; (b) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area; (c) masturbates; or (d) any other act of lewdness.
Posted in Utah Law | No Comments »
Utah’s sex offender registry (Utah Code Section 77-27-21.5) is one of the most expansive and encompassing registries in the United States. It doesn’t just apply to people who have gone to prison for criminal sexual offenses. It also applies to anyone who is on parole or who has completed parole within the last ten years.
Anyone who is convicted in Utah or enters a plea in abeyance in Utah for violating the following crimes must register for the sex offender registry:
- Kidnapping: 76-5-301
- Child kidnapping: 76-5-301.1
- Aggravated kidnapping: 76-5-302
- Unlawful detention: 76-5-304
- Enticing a minor over the Internet: 76-4-401
- Voyeurism: 76-9-702.7
- Unlawful sexual activity with a minor: 76-5-401
- Sexual abuse of a minor: 76-5-401.1
- Unlawful sexual conduct with a 16 or 17 year old: 76-5-401.2
- Rape: 76-5-402
- Rape of a child: 76-5-402.1
- Object rape: 76-5-402.2
- Object rape of a child: 76-5-402.3
- Forcible sodomy: 76-5-403
- Sodomy on a child: 76-5-403.1
- Forcible sexual abuse: 76-5-404
- Sexual abuse of a child or aggravated sexual abuse of a child: 76-5-404.1
- Aggravated sexual assault: 76-5-405
- Sexual exploitation of a minor: 76-5a-3
- Incest: 76-7-102
- Lewdness involving a child: 76-9-702.5
- Aggravated exploitation of prostitution: 76-10-1306
- Attempting, soliciting, or conspiring to commit any felony offense listed above
If convicted of any of those crimes in Utah, you must also register when:
- You are placed on probation
- You are incarcerated by the Utah Department of Corrections
- You are released from prison and put on parole
- You escape (yes, when you escape you must register!)
- You are put into or released from a community based residential program operated by the Utah Department of Corrections
- Your probation period ends (when you aren’t incarcerated)
Utah law requires that you must register every year for ten years after the end of your sentence (meaning the end of your parole period or your involvement with the Department of Corrections). Basically, the ten-year countdown starts after you get out of prison and after you finish parole.
It also requires that you register every time you move or change address.
As you can see, being convicted of a crime that puts you on Utah’s sex offender registry is serious business. Your conviction will follow you long after you get out of prison (sometimes forever). It is important to have a qualified attorney represent you if you are charged with any of the above mentioned crimes.
Posted in Legal Process, Sex Offenders, Utah Law | No Comments »
photo: Jo Jakeman
Since 1996 nine states have legalized either chemical or physical castration in certain instances for repeat sex crime offenders. In the majority of cases the castration is a condition to be eligible for probation or parole. Methods of sterilization were first used in large numbers in the 1920s after the United States Supreme court upheld a statute mandating sterilization of the unfit, a term that included the mentally retarded. (Buck v. Bell, 274 U.S. 200, 1927). More recently hormonotherapy/chemical castration has been used; chemicals are taken to lower a man’s testosterone. In 1996, California was the first state to authorize castration for some repeat sex offenders as a condition of their release. In some of the 9 states, like Texas, the state covers the cost of the procedure, while in other states, like Iowa, the offender pays the fees. The statutes continue to vary by state, some mandated for sodomy (California), others have a small pilot program (Oregon), and all of them concentrate on those who had victims that were minors under 18, under 13, etc . . . A table of the varying rules can be seen in “Castration of Sex Offenders: Prisoners’ Rights Versus Public Safety” (Scott & Holmberg 2003). Goergia is the only state of the 9 that requires a psychological evaluation of the offender, something important when the patient is given a choice of chemical and physical castration.
However, there are many legal professionals and american citizens against the increased use of castration for sex crime offenders. One of the strongest arguments in opposition is that, “Castration reduces or eliminates deviant sexual thoughts and fantasies, thereby infringing on the sex offender’s First Amendment right to entertain sexual fantasies” (Scott & Holmberg). There is also the expect challenge to the Eight Amendment’s ban on cruel and unusual punishment. Also, since most of these statutes link the castration to parole, an inmate who refuses castration will recieve additional jail time, a punishment. This essentially means that the offenders are coerced into the action violating the statutes’ intentions that they do in fact “volunteer”.
Utah does not currently use any means of castration against sexual offenders, but they might follow the trend in the future.
Posted in Sex Offenders, Utah Law | No Comments »
Society in Utah upholds morals that urge people to protect children. This sounds great, but in cases of false child abuse allegations these morals take the importance of ‘innocent until proven guilty’ away from the defendant. These false allegations are becoming more prominent in divorce cases as power plays, and ways to gain full custody of children. Even if you are deemed innocent by a court of law, the simple fact that you were charged with something like child molestation or assault gives you a reputation. You may lose your job, be shunned by your social connections, not be allowed around your friends’ children, and perhaps be despised. If you ARE convicted you may have to register as a child sex offender for the entirety of you life!! Child Sexual Abuse has one of the highest conviction rates, therefore any charges filed against you must be taken very seriously. You must find a lawyer experience with sexual abuse charges especially those against children. You must find that qualified attorney quickly to prepare yourself in case police start questioning you (which you should not say anything unless your lawyer is present), and in case you are arrested. Remember anything you say to police can be used against you!
Posted in Child Sex Crimes | No Comments »
Allegations of sexual assault are becoming commonplace in divorce cases. Such a large number of these allegations are false and very arguable that a syndrome was created to identify these cases: S.A.I.D. Syndrome (Sexual Allegations In Divorce).
The SAID Syndrome often identifies false accusations of sexual misconduct with a minor, something which can easily be spotted but can also just as easily take children away from a loving parent. False accusations are usually made after the divorce process begins and can easily happen after the divorce is final when parents are trying to regain child custody rights.
False accusations can easily be ruled as fact when the correct steps are not taken in the legal process. Therapists and the police department involved in the case may have no experience in the matter yet offer strong opinions. The Defense lawyer may not be aggressive enough to poke holes in the witness’s fictional tales. In order to protect yourself against these very common allegations of sex crimes involved with divorce you should look for a defense attorney. A defense attorney experienced in the topic area can make sure all files on the persons involved are completed by qualified individuals, that the therapists and other professional testifying and providing opinions are capable and experienced in the area, and possibly help you find a private reliable polygraph test.
Posted in Evidence, not guilty | No Comments »
SONAR (Sex and Kidnap Offender Notification and Registration) aka Utah’s Sex Offender Registry requires many details from an offender in order to register:
- Name
- Aliases you use or have used
- Physical Description Information
- Current photo of offender
- Age
- Sex
- Race
- Hair
- Height
- Weight
- Eye Color
- Scar/Tattoos
- Address and Other Known Addresses
- Professional Licenses
- Type of vehicle offender drives
- Information on the crime that offender was convicted
- Description of offense
- Date convicted
- Date released from prison
- Details about offense
- (Victim information is not listed)
Utah law states that “members of the public are not allowed to use the information to harass or threaten offenders or members of their families; and harassment, stalking, or threats against offenders or their families are prohibited and doing so may violate Utah criminal laws.” Utah Code Section 77-27-21.5(24)(b-c).
If you are on Utah’s Sex Offender Registry and someone is harassing you, call the police. If the police are unresponsive due to your status as a sex offender, call a qualified attorney that can help protect you from harassment.
Posted in Legal Process, Utah Law | No Comments »
Ben Roethlisberger was eventually, after an entire press circus, not charged with sexual assault. However, this outcome was inevitable, judging by the reputation and the price tag on his criminal defense attorney Ed Garland, who is a member of the prestigious American Board of Criminal Lawyers. Utah criminal defense attorney Clayton Simms estimates that “Ben (Roethlisberger) probably paid his criminal defense attorney $750,000.00 to $1,000,000 while dishing out another $250,000 on private investigators.” Clayton Simms also stated that, “I’ve had several clients fired as a result of sex abuse charges, and after their charges were dismissed or they were acquitted at jury trial their employment was not reinstated. Simply being charged with a sex offense can be devastating to one’s professional and personal life, and in a world in which information is only a Goggle away it is even more so.” Big Ben is lucky that he could afford a defense team capable and qualified to keep the remaining part his reputation viable for an NFL contract. Ben’s big night out evidential photos were recently released by the Georgia Bureau of Investigation.
Posted in Sexual Assault, not guilty | No Comments »
photo: Joe Shlabotnik
Backpage.com has become a popular site for Utah men and women to find sex workers online to fulfill their needs. It also may be a target of undercover police looking to arrest prostitutes. Users must sign a disclaimer upon choosing the “escort” category, part of which states: This section contains sexual content, including pictorial nudity and adult language. It is to be accessed only by persons who are 18 years of age or older . . . A false representation may be a criminal offense. Which clearly explains the adult activity involved. In addition, ads stating such things as sexual techniques, listing body measurements, posting graphic pictures, and detailing prices really highlight the sex work involved to the police searching the internet for such things. Although many Utahns use the internet to find a prostitute, the sites are still policed by a few undercover cops in which the sex workers must diligently watch for.
Posted in Prostitution, internet sex crimes | No Comments »
photo: heanster
In the United States, 3-6% of boys and 12-28% of girls are sexually assaulted before they turn 18-years-old (Furby, Weinrott & Blackshaw, Sex Offender Recidivism: a review 1989). Many other studies support the fact that 10-15% of women have been raped while 25% or more of women have experienced other types of sexual violence. Usually with such surveys, rates are much higher, as sexual crime is something that many repress or find trouble admitting that it happened to them. These high rates are part of the reason for the creation of and increased focus on mandatory sex offender registration.
Posted in Sex Offenders, Sexual Assault | No Comments »
photo: shallowend
Nick Gonzales was accused of rape in Australia, but acquitted due the to ability of his lawyer to highlight the importance of a key fact to the jury. The alleged victim was wearing extremely tight skinny jeans during the time of the alleged assault. The jury asked for additional evidence to show that Gonzalez could have removed the jeans without the help and consent of his alleged victim, but it was not enough. Gonzalez walked free due to the fashion choice of the female accuser, similar to the skinny jeans defense used in Seoul, South Korea where a man had his conviction overturned when the skinny jeans defense was brought into play. In Italy this same type of defense has been used before, but most recently the Italian courts upheld a rape conviction in which the victim was wearing the skin tight jeans. This lack of overlap in legal matters shows that sexual assault charges can be determined based on a single detail, which is why having a cunning criminal defense attorney who can show the jury the importance/insignificance of such details is essential to the outcome.
Posted in Sexual Assault | No Comments »
