Archive for the ‘Utah Law’ Category

Can Utah Police Search My Home For Evidence In Sex Crime Like Possession Of Child Porn?

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Legal Process, Utah Law
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The United States Supreme Court has repeatedly held that a person’s home is subject to the greatest protection under the Fourth Amendment of the United States Constitution.

Before an officer may search a home for evidence of a sex crime, the officer must first secure a search warrant from a Judge. There are a few exceptions to this general rule but the exceptions are narrow. Even though an officer does not have a warrant, if the officer is attempting to search your home, you should not physically resist the officer. Instead, step out of the way and let the officer do what he or she is going to do. Do not consent to the search but do not physically resist it either. It is best to raise these issues in court rather than risk a confrontation between yourself and the police. Rarely does a citizen win in such situations and they are almost always a threat to your physical safety. If the officer asks you questions, you should respectfully decline to answer them. You are under no legal obligation to answer questions even if the officer has a warrant.

When dealing with the police remember the three golden rules:

1. Don’t trust or believe the police.

2. Don’t resist being handcuffed.

3. Don’t say a damn thing

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.

Utah’s Legal Definition of Sodomy on a Child

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Child Sex Crimes, Utah Law
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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.

Utah’s Legal Definiton of Object Rape

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Sexual Assault, Utah Law
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A person who, without the victim’s consent, causes the penetration, however slight, of the genital or anal opening of another person who is 14 years of age or older, 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 victim or with the intent to arouse or gratify the sexual desire of any person, commits an offense which is punishable as a felony of the first degree.

Should I Give the Utah Police My Side of the Story in a Rape Allegation?

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Legal Process, Utah Law
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You should not talk to the Utah police about the circumstances surrounding a rape allegation without first hiring a criminal attorney to help guide you. The 5th Amendment to the U.S. Constitution guarantees your right to remain silent. The best policy is not to talk to the police if questioned and ask for an attorney. Even if you are simply a witness to a crime, you still may want to talk to an attorney before you give the police a statement.

Every court around the nation, including the United States Supreme Court and the Utah Supreme Court, has held that it is permissible for police to lie to a suspect during their investigation and interrogation of the suspect. This puts citizens at a distinct disadvantage when dealing with the police, which is exactly why it is best to follow the three golden rules:

1. Don’t trust or believe the police.

2. Don’t resist being handcuffed.

3. Don’t say a damn thing.

Utah Legal Definition: Voyeurism with a Device

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  internet sex crimes, Utah Law
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In Utah, the crime of Voyeurism with a Device, is defined as secretly filming a person with a camcorder, cellphone or camera without a person’s knowledge can be a crime if the person being filmed has a reasonable expectation of privacy.

Interestingly, Voyeurism does not require nudity. A person may be found guilty of Voyeurism for filming even if “that portion of the body is covered with clothing“. The Voyeurism with a Device statue, which is Utah Code Annotated 76-9-702.7, is as follows:

(1) A person is guilty of voyeurism who intentionally uses a camcorder, motion picture camera, photographic camera of any type, or other equipment that is concealed or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means an individual:

(a) for the purpose of viewing any portion of the individual’s body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;

(b) without the knowledge or consent of the individual; and

(c) under circumstances in which the individual has a reasonable expectation of privacy.

(2) A violation of Subsection (1) is a class A misdemeanor, except that a violation of Subsection (1) committed against a child under 14 years of age is a third degree felony.

(3) Distribution or sale of any images, including in print, electronic, magnetic, or digital format, obtained under Subsection (1) by transmission, display, or dissemination is a third degree felony, except that if the violation of this Subsection (3) includes images of a child under 14 years of age, the violation is a second degree felony.

(4) A person is guilty of voyeurism who, under circumstances not amounting to a violation of Subsection (1), views or attempts to view an individual, with or without the use of any instrumentality:

(a) with the intent of viewing any portion of the individual’s body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;

(b) without the knowledge or consent of the individual; and

(c) under circumstances in which the individual has a reasonable expectation of privacy.

(5) A violation of Subsection (4) is a class B misdemeanor, except that a violation of Subsection (4) committed against a child under 14 years of age is a class A misdemeanor.

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.

The Right to Appeal A Utah Felony Sex Offense Conviction

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Legal Process, Utah Law
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You have the right to appeal a conviction or a judge’s final order, but there are deadlines for appealing. In Utah Felony sex offenses a written notice of appeal must be filed within 30 days of sentencing. If you wish to appeal a sex offense conviction, talk to your attorney and they can file the appropriate paperwork. Criminal appeals can be procedurally complex, and it is always wise to discuss the specifics of your appeal or potential appeal with an attorney who has appellate experience. It is not uncommon to have a different attorney handle the appeal than the attorney who handled the trial.

Utah’s Legal Definition of Lewdness Involving a Child

Clayton Simms, Utah Sex Crimes Attorney, on the topic of  Child Sex Crimes, Utah Law
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(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