Archive for the ‘Sex Offenders’ Category

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.

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.

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.

Sexually Scandalous: Cedar City?

Angela, on the topic of  Sex Offenders
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Considering Utah is such a conservative state, it is quite a surprise that eight men were arrested in a Cedar City prostitution sting. The second man, Andrew Groft used to be the former president of George Wythe University in Flagstaff, Arizona but was later replaced. To make matters even a little bit more surprising for Utah’s character, Groft was the second college administrator caught in the prostitution sting.  Southern Utah University Vice President Wesley Curtis was arrested prior for involvement in the same sting. It looks like Cedar City is a lot more scandalous than we would have ever imagined. To read more click here.

Sex Offender Registry Required for Certain Sex Solicitation Convictions in Louisiana

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Prostitution, Sex Offenders
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Fortunately, Utah does not require individuals convicted of sex solicitation involving oral or anal sex to register as sex offenders, but Louisiana does. The law requiring sex offender registration focuses on sex acts historically associated with homosexuality. The law, which is over 200 years old, is being challenged in Federal court. The law was recently repealed, but that will not remove people from the sex offender registry for prostitution/sex solicitation. Do you think that too many individuals who are not a threat are being placed on the sex offender registry?

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Utah’s Legal Definition of Aggravated Exploitation of Prostitution

Angela, on the topic of  internet sex crimes, Prostitution, Sex Offenders, Utah Law
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In Utah, a pimp would be guilty of aggravated exploitation of a prostitute if:

   (a) In committing an act of exploiting prostitution, as defined in section 76-10-1305, he uses any force, threat, or fear against any person; or

   (b) The person procured, transported, or persuaded or with whom he shares the proceeds of prostitution is under eighteen years of age or is the wife of the actor

Aggravated exploitation of prostitution is a felony of the second degree, which is punishable by up to 15 years in the Utah State Prison. Many alleged pimps and prostitute advertise on the internet through sites like backpage.com. Because of the ability to obtain customers through the internet many pimps and prostitute travel throughout the United States, moving from city to city and State to State. This is referred to as “riding the circuit”. Many Utah prosecutor take the attitude that they want the State of Utah to be the harshest on pimps and prostitutes as a way to discourage them from conducting business in Utah. Thus, if charged with a prostitution offense in the State of Utah, you should contact a Utah criminal defense attorney with experience with prostitution and sex solicitation offenses.

Utah Mother and Her Boyfriend Charged With Rape of a Child

Angela, on the topic of  Child Sex Crimes, Sex Offenders
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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”.

Sweden May Have Tougher Sex Offender Registration Requirements Than Utah

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Sex Offenders, Sexual Assault
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Utah’s notoriously onerous sex offender registry requirements and sex offense laws may not be the world’s toughest.   European sexual offender laws, specifically Sweden’s laws, are much more stringent than those in the United States. The stringency of these laws does not specifically pertain to the fact that Sweden has a comparatively high rate of alleged rapes. The New York Times reports, “The number of reported rapes in Sweden is by far the highest in the European Union”. Some Swedens want tougher laws and are lobbying for additional “tightening of the sexual assault and rape laws in Sweden” by wanting to expand the definition of rape to include situations where a woman doesn’t verbally say no towards sexual acts but displays other clear signs of opposition in other ways. It looks like Utah’s sex offenders do have something to be thankful for: to not be living in Sweden.