Archive for the ‘Sexual Assault’ Category

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?

Utah’s Legal Definition of Rape

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Sexual Assault, Utah Law
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(1) A person commits rape when the actor has sexual intercourse with another person without the victim’s consent.

(2) This section applies whether or not the actor is married to the victim

(3) Rape is a felony of the first degree

Utah Sex Offender Conditions Group B: Offenses Against Adults

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Legal Process, Sex Offenders, Sexual Assault, Utah Law
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Utah Sex Offender Conditions Group B- Offenses Against Adults

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. Not have in my possession or under my control any material that acts as a sexual stimulus for 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.

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

6. Submit to random polygraph examinations.

7. Employment must be approved by my parole officer.

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

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

10. Comply with requirements of sex offender and DNA blood draws.

Utah’s Legal Definition of Sodomy

Angela, on the topic of  Sexual Assault, Utah Law
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In Utah, a person commits sodomy when the actor engages in any sexual act with a person who is 14 years of age or older involving the genitals of one person and mouth or anus of another person, regardless of the sex of either participant.

A person commits forcible sodomy when the actor commits sodomy upon another without the other’s consent. Forcible sodomy is a felony of the first degree and is punishable with up to life in prison.

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 Sex Crimes

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Child Sex Crimes, internet sex crimes, Sex Offenders, Sexual Assault
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Utah sex crimes are one of the most serious criminal charges one can face, and at the same time are one of the most difficult to defend. A sex crimes trial often turns into a battle of he said/she said with the jury determining the credibility of the witnesses. If convicted of a sex crime in Utah a defendant could face up to life in prison. It is also important to keep in mind that if convicted of certain Utah sex offenses, a defendant is not eligible for probation and faces a mandatory prison sentence. In addition, you may have to register for the rest of your life as a sex offender. The repercussions of being convicted of a sex crime are so extensive, that it can not be over emphasized how important it is to hire aggressive and experienced Utah criminal defense attorney as early as possible.

Utah Legal Definition of Lewdness

Angela, on the topic of  Sex Offenders, Sexual Assault, Utah Law
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1) A person guilty of lewdness if the person under circumstances not amounting to rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault or an attempt to commit any of these offenses, performs any of the following acts in a public place or under circumstances which the person would 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

(2) Lewdness is a class B misdemeanor.

Utah Sex Offenders Face Hardships & Video Humorously Deals with the Hysteria Surrounding Sex Offender Registration

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Child Sex Crimes, Sex Offenders, Sexual Assault, Video
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Utah Sex Offenders must register with the State of Utah. For example, a person convicted of Unlawful Sexual Activity with a Minor, a 3rd Degree Felony, must register for a 10 Year period of time after the probationary period. Other offenses such as Rape, a 1st Degree Felony, require a lifetime registration.