Archive for the ‘Child Sex Crimes’ Category

Utah’s Legal Definition of Sexual abuse of a Child

Angela, on the topic of  Child Sex Crimes, Sexual Assault, Utah Law
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(1) A person commits sexual abuse of a child if, under circumstances no amounting to rape of a child, object rape of a child, sodomy upon a child, or an attempt to commit any of these offenses, the actor touches the anus, buttocks, or genitalia of any child, the breast of a female childe younger than 14 years of age, or otherwise takes indecent liberties with a child, or causes a child to take indecent liberties with the actor or another with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant,

(2) Sexual abuse is punishable as a second degree felony

How To Hire The Best Utah Criminal Defense Attorney for your Sex Case

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Child Sex Crimes, Legal Process, Sex Offenders, Sexual Assault
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Trying to find the best Utah sex crimes defense attorney for your case can be a difficult and stressful process.  In a rape, child sex case or a possession of child porn case there is so much at stake for the accused. Talk with several attorneys before making a decision as to who you want to hire. Some attorneys may charge a nominal consultation fee to meet with you but remember that paying a small consultation fee is far better than paying a full retainer only to find out later that you have hired an attorney that is not a good fit.

Beware of attorneys that promise specific outcomes or guarantee a not guilty verdict. A Utah attorney is ethically prohibited from making such promises. Remember reputation in the community is the best way to judge an attorney. Is the attorney you are evaluating a fellow in the prestigious American Board of Criminal Lawyers? Has he been voted by his peers in the Utah Business Magazine Legal Elite or Super Lawyers?

When looking for an attorney, look for someone who:

*You feel comfortable with. Remember that simply because an attorney has an add in the yellow pages, it does not mean they are a good attorney

*Identifies the issues in your case and raises those issues in an appropriate, understandable, and compelling way

*Is smart, convincing, and credible

 Be particularly weary of attorneys who promise certain results. Remember that even the best criminal defense lawyers can not guarantee a particular result. An attorney who promises the moon, lacks credibility and is probably not respected by prosecutors, judges, and a future jury.

 Be sure to do research before hiring an attorney. Ask questions such as:

*How many trials they have done in the last year?

*How many cases were dismissed or resolved by a defense   motion?

*Have they repeatedly secured favorable outcomes for their clients?

Does my 5th Amendment Right to Remain Silent Apply to My Possession of Child Porn Trial?

Angela, on the topic of  Child Sex Crimes, Evidence, Legal Process
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The 5th Amendment to the U.S. Constitution guarantees you the right to remain silent even at trial regardless of the nature of the charges. A Utah defendant can never be forced to give a testimony against them self in a possession of child porn case and may remain silent at trial but are free to testify if they wish. A defendant is a competent witness on his or her own behalf and such testimony should be given the same consideration as any other witness. The fact that the defendant stands accused of a crime is no reason to reject his or her testimony. In fact, in many cases only the defendant can assert a particular defense. If the defendant is relying upon an entrapment, mistake of fact or alibi then often the defendant’s testimony is necessary.

The Consequences of Being Convicted of a Utah Sex Crime (Rape, Child Sex Abuse or Voyerism).

Angela, on the topic of  Child Sex Crimes, Legal Process, Sex Offenders, Utah Law
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CONSEQUENCES OF BEING CONVICTED

For all classes of crimes there are also collateral consequences of being convicted. For instance, once convicted of a felony, you may no longer carry a firearm. Also certain classes of crimes may be enhanced if you have been convicted before of the same or a similar offense. Other collateral consequences you should consider are the ramifications a conviction would have on your employment or your ability to secure employment, government benefits, financial aid for college and insurance. There may also be immigration consequences, including deportation, for non US citizens who have been convicted of a crime. You should consult with an attorney to advise you as to your particular circumstances.

Utah’s Legal Definition of Object Rape of a Child

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Child Sex Crimes, Sex Offenders, Utah Law
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In Utah, a person commits object rape of a child when the person causes the penetration or touching, however slight, of the genital or anal opening of a child who is under the age of 14 by any foreign object, substance, instrument, or device, not including a part of the human body, with intent to cause substantial emotional or bodily pain to the child or with the intent to arouse or gratify the sexual desire of any person.

     (a)  Object rape of 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.

     (b) Imprisonment is mandatory in accordance with Section 76-3-406

Utah Prison Culture and Convicted Sex Offenders

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Child Sex Crimes, Sex Offenders, Sexual Assault, Video
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Utah prisons and prisons throughout the United States have a hierarchy just like every business, social organization, church or school. Interestingly, Murders and violent offenders has the highest status among fellow inmates. This is largely because other inmates fear or respect them. On the lower end of the hierarchy is the convicted sex offender, who is at risk of attack from other inmates.

Utah’s Legal Definition of Unlawful Sexual Conduct With a 16 or 17 Year Old

Angela, on the topic of  Child Sex Crimes, Sex Offenders, Sexual Assault, Utah Law
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(1) For purposes of this section “minor” means a person who is 16 years of age or older, but younger than 18 years of age, at the time the sexual conduct described in this section occurred.

(2) A person commits unlawful sexual conduct with a minor if, under circumstances not amounting o rape, in violation of Section 27-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, or aggravated sexual assault, in violation of Section 76-5-405, the actor is ten or more years older than the minor at the time of the sexual conduct:

     (a) has sexual intercourse with the minor;

     (b) engages in any sexual act with the minor involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant; or

     (c) causes the penetration, however slight, of the genital or anal opening of the minor by any foreign object,  substance, instrument, or device, including a part of the human body, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person, regardless of the sex of any participant.

Utah’s Legal Definition of Sexual Abuse of a Minor

Angela, on the topic of  Child Sex Crimes, Sexual Assault, Utah Law
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In Utah “minor” is defined as a person who is 14 years of age or older, but younger than 16 years of age, at the time the sexual activity described in this section occurred.

 A person commits sexual abuse of a minor if the person is seven years or more older than the minor and, under circumstances not amounting to rape, in violation of Section 76-5-402, object rape, in violation of Section 76-5-402.2, forcible sodomy, in violation of Section 76-5-403, aggravated sexual assault, in violation of Section 76-5-405, unlawful sexual activity with a minor, in violation of Section 76-5-401, or an attempt to commit any of those offenses, the person touches the anus, buttocks, or any part of the genitals of the minor, or touches the breast of a female minor, or otherwise takes indecent liberties with the minor, or causes a minor to take indecent liberties with the actor or another person, with the intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person regardless of the sex of any participant.

(3) A violation of this section is a class A misdemeanor

Utah Group A Sex Offender Conditions

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Child Sex Crimes, Legal Process, Sex Offenders
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If you have been convicted of a sex offense against a child, which includes Sexual Exploitation of a Minor (Possession of Child Porn), then you must abide by the Utah Group A Sex Offender Conditions. These conditions severely restrict a defendant’s life. These conditions may interfere with your adult dating life. For example, you can not date an adult man or woman who has children under the age of 18 without prior written approval of your parole officer (Condition 5). So before you go on that date you must get written approval from your parole officer. And don’t forget that on that date you must be home before curfew.

What if you want to attend your child’s school Christmas play? You must get prior written approval from your parole officer.

If you are subject to Group A Sex Offender Conditions your employment and your residence must also be approved.

The Utah Sex Offender Conditions are strict and this is another reason it is critical when charged with sodomy on a child, rape of a child or Sexual Exploitation of a child that you hire a talented, experienced and aggressive Utah criminal defense attorney.

The Utah Group A Sex Offender Conditions (offense against children not related to the offender) are as follows:

I (the offender) shall:

1. Enter into, participate, and successfully complete sex offender therapy as determined by the treating facility and therapists and as determined by UDC.

2. Enter into and successfully complete established progressive curfews, or electronic monitoring where available, when required by parole officer.

3. Have no direct or indirect contact with victim(s) or victim’s family without prior written approval of the board of pardons and parole.

4. Have not contact or association with children under age 18 years, residing at home, without prior written approval of Adult Probation and Parole.

5. Not date persons with children under the age of 18 years without prior written approval of parole officer.

6. Not enter places or events where children congregate, including but not limited to: schools, playgrounds, parks, arcades, parties, family functions, holiday festivities, or any other place or function where children are present or reasonably expected to be present without the prior written approval of parole officer or the supervision of a responsible adult previously approved in writing by parole officer.

7. Not have in my possession or under my control any material that acts as a sexual stimulus or particular deviancy(s), including but not limiting to; computer programs, computer links, photographs, drawings, video tapes, audio tapes, magazines, books, literature, writings, etc., without prior written approval of parole officer.

8. Not have in possession or under control any material that describes or depicts human nudity, the exploitation of children, consensual sex acts, non-consensual sex acts involving force or violence, including but not limited to: computer programs, computer links, photographs, drawings, video tapes, audio tapes, magazines, books, literature, writings, etc., without prior written approval of parole officer.

9. Not have in my possession or under my control any items or materials either designed or used to entertain, lure or attract the attention of children under the age of 18 without prior written approval of my parole officer.

10. Submit to random polygraph examinations.

11. Employment must be approved by my parole officer.

12. Residence and residence changes must be approved by my parole officer.

13. Execute and adhere to the terms of the Parolee Interstate Compact Waiver and Agreement, if parole is served outside of State of Utah.

14. Comply with requirements of sex offender registration and DNA blood draws.

Utah’s Legal Definition of Incest

Angela, on the topic of  Child Sex Crimes, Sex Offenders
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In Utah, a person is guilty of third degree felony incest when, under circumstances not amounting to rape, rape of a child or aggravated sexual assault, he has sexual intercourse with a person whom he knows to be an ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin. The relationships referred to herein include blood relationships of he whole or half blood without regard to legitimacy, relationship of parent and child by adoption, and relationship of stepparent and stepchild while the marriage creating the relationship of stepparent and stepchild exists.