By: migs212

Have you ever been interested in purchasing used panties or g-strings from someone or online? Someone recently asked us this question because they were worried about potential criminal charges.

The general answer is no. Even though panties, bras, or g-strings are considered intimate clothing, they are still clothing. Selling used socks or underwear would be the same as selling a used shirt or shoes. Both activities are legal. Additionally, there is no statute in Utah that would limit a person’s ability to sell the clothing online. There may be business licensing issues, but as far as criminal issues, a person can purchase or sell used pants or panties.

However, criminal charges could possibly be brought depending on who the clothing belongs to. If the clothing is being stolen and you are aware that the clothing was stolen, you could be criminally liable. If the clothing belongs to a child and an adult is advertising and selling the clothing in a sexual manner, there could criminal charges. A more likely scenario is that the state will begin a criminal investigation into the seller and buyers.

Therefore, if you enjoy buying used clothing online or in person, ensure that the clothing is for a proper purpose.

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.

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.