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.

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.

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.

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.

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.

(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