In Utah, aperson commits sodomy upon a child if the actor engages in any sexual act upon or with a child who is under the age of 14, involving the genitals or anus of the actor or the child and the mouth or anus of either person, regardless of the sex of either participant.

Sodomy upon a child is a first degree felony punishable by imprisonment for an indeterminate term of not less than 6, 10, or 15 years and which may be for life. Imprisonment is mandatory in accordance with Section 76-3-406.

If you are aware that you may be accused of a sex crime, you should contact an experienced Utah sex crimes lawyer to advise you even if you are not currently charged. Once an rape, child porn possession or other sex crime investigation is underway, you need a lawyer to help prevent charges from being filed or to make sure you do not make missteps in dealing with law enforcement officers. You want to minimize the disruption to your every day life as you fight the charges in court.

A Utah sex crimes lawyer can assess the strength of the case against you, make certain that the offer from the prosecutor is fair, inform you of the collateral consequences of a conviction, and most importantly a lawyer can take your case to trial. The simple accusation of a sex crime like rape, forcible sex abuse, child sex abuse or possession of child porn can destroy someone’s life even if the allegation does not end in a conviction.
Hiring a tough, smart lawyer early on can make all the difference between a favorable and a disastrous outcome for you later on. If you are a witness in some cases, a Lawyer is advised, specifically if you are a witness who wants to claim husband-wife privilege. If you believe you may incriminate yourself if you testify, you need an lawyer to advise you as to whether you may appropriately refuse to testify based on your Fifth Amendment rights.

The Deseret news reports that a Price woman was charged with two counts of sodomy on a child, two counts of sexual abuse of a child, and one count of object rape of a child, of which all are first degree felonies. The woman reportedly had sexual intercourse with her boyfriend while he was simultaneously performing sexual acts on her 12 year old daughter. The boyfriend was charged with six counts of rape of a child which is a first degree felony. A Duchesne county sheriff reports that the woman knew about the sexual abuse between her daughter and boyfriend but would “actively participate in numerous sex acts on her daughter”.

(1) A person is guilty of lewdness involving a child if the person under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly does any of the following to, or in the presence of a child who is under 14 years of age:

   (a) performs 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:

      (i) in a public place; or

      (ii)  in a private place

         (A) under circumstances the person should know will likely cause affront or alarm; or

         (B) with the intent to arouse or gratify the sexual desire of the actor or the child;

         (C) masturbates

         (D) engages in trespassory voyeurism;

         (E) under circumstances not amounting to sexual exploitation of a child under Section 75-5a-3, causes a child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the actor with the intent to arouse or gratify he sexual desire of the actor or the child; or

         (F) performs any other act of lewdness

(2) Lewdness involving a child is a class A misdemeanor

(1) A person commits aggravated sexual abuse of a child when in conjunction with the offense described in Subsection (1) any of the following circumstances have been charged and admitted or found true in the action for the offense:

   (a) the offense was committed by the use of a dangerous weapon as defined in Section 76-1-601, or by force, duress, violence, intimidation, coercion, menace, or threat of harm, or was committed during the course of a kidnapping;

   (b) the accused caused bodily injury or severe psychological injury to the victim during or as a result of the offense;

   (c) the accused was a stranger to the victim or made friends with the victim for the purpose of committing the offense

   (d) the accused used, showed, or displayed pornography or caused the victim to be photographed in a lewd condition during the course of the offense;

   (e) the accused, prior to sentencing for this offense, was previously convicted of any felony, or of a misdemeanor involving a sexual offense;

   (f) the accused committed the same or similar sexual act upon two or more victims at the same time or during the same course of conduct;

   (g) the accused committed, in Utah or elsewhere, more than five separate acts, which if committed in Utah would constitute an offense described in this chapter, and were committed at the same time, or during the same course of conduct, or before or after the instant offense;

   (h) the offense was committed by a person who occupied a position of special trust in relation to the victim; “position of special trust” means that position occupied by a person in a position of authority, who, by reason of that position is able to exercise undue influence over the victim, and includes, but is not limited to, a youth leader or recreational leader who is an adult, adult athletic manager, adult coach, teacher, counselor, religious leader, doctor, employer, foster parent, baby-sitter, adult scout leader, natural parent, stepparent, adoptive parent, legal guardian, grandparent, aunt, uncle, or adult cohabitant of a parent.

   (i) The accused encouraged, aided, allowed, or benefited from acts of prostitution or sexual acts by the victim with any other person, or sexual performance by the victim before any other person; or

   (j) The accused caused the penetration, however slight, of the genital or anal opening of the child by any part or parts of the human body other than the genitals or mouth.

(4) Aggravated sexual abuse of a child is a first degree felony punishable by imprisonment for an indeterminate term of not less than five years and which may be for life. Imprisonment is a mandatory in accordance with section 76-3-406