Paul Horton: Sex Crimes

Sex crime accusations make for an extremely stressful time for the accused. The magnitude of the long-lasting effects these accusations have on an individual, both professionally and personally, are unmatched. For this reason, many individuals accused of such crimes want nothing more than to keep said accusations from surfacing in the press.

A sex crime conviction comes with serious legal consequences including prison time, probation, and possible registration as a sex offender. This does not include the collateral damages which may result in your personal life such as finding housing and employment opportunities.

Sex crimes encompass a wide array of crimes, including:

Rape
Forcible sexual abuse
Internet sex crimes
Lewdness and Indecent Exposure
Prostitution and solicitation
Rape and sexual assault
Sex crimes against children

Utah Sex Crime Defense Information Center

Common Sexual Offenses in Utah
Utah Sex Offender Classification
Utah Penalties for Sex Crimes
Collateral Consequences of Sex Crime Conviction
Sex-Based Crime Resources in Utah

Common Sexual Offenses in Utah

In the state of Utah, there is a wide variety of conduct constituting sex crimes. If an individual faces sex crime accusations or charges, it is vital to consult with an experienced defense attorney to discuss your legal options and specific facts of the case.

The aforementioned list of related offenses is non-exhaustive; however, the following offenses are commonly prosecuted in Utah:

Rape
Child Pornography
Polygamy
Sex Crimes Against Children
Prostitution and Solicitation
Failure to Register as a Sex Offender
Incest
Custodial Sexual Misconduct
Voyeurism
Habitual Sex Offender

Rape

: Utah code §76-5-402 an individual commits rape when this individual has sexual intercourse with another person without that person’s consent. This applies whether or not the individuals are married.

Rape is a first-degree felony punishable by minimum five years to life; minimum 15 years to life in the event that the accused has caused serious bodily injury to the victim; or life without parole if the defendant was previously convicted of a grievous sexual offense.

Child Pornography (Enticing a Minor)

: Utah code §76-4-401 an individual is enticing a minor when he or she knowingly uses the Internet or text messages to solicit a minor, or someone the actor believes to be a minor, to engage in any sexual activity in violation of a state criminal law.

Enticing a minor is punishable by a minimum of three years imprisonment and a maximum of life imprisonment.

Polygamy (Bigamy)

: Utah code §76-7-101 an individual is guilty of polygamy when he or she is married or knows that another person is married, and purports to marry or cohabit with the other person.

Polygamy is punishable by a maximum of five years imprisonment and up to $5,000 in fines.

Sex Crimes against Children (Aggravated Sexual Abuse of a Child):

Utah Code §76-5-404.1

Sexual Abuse of a child occurs when a person commits sexual abuse of a child when he or she touches a child in a sexual manner or causes a child to commit indecent acts to him or her with intent to cause substantial emotional or bodily pain, or intent to arouse.

Aggravated sexual abuse of a child occurs when in conjunction with the aforementioned acts, the actor used a dangerous weapon, caused severe harm, befriended the child with intent to commit the act, has a history of these acts, was in a trusted position, aided in trafficking, or caused penetration. This offense is punishable by a minimum of 15 years imprisonment to a maximum of life imprisonment without parole.

Prostitution and Solicitation:

Utah code §76-10-1302

Prostitution, as defined by Utah code, occurs when an individual engages in any sexual act with another for a fee of the functional equivalent; is an inmate of a prostitution house; or loiters in a public place for the purpose of being hired to commit sexual acts.

Prostitution is punishable by up to six months and jail and $1,000 in fines.

Utah Sex Offender Classification

Utah’s sex offender registration requirements are as follows:

Off-Limit Zones for Those convicted of Crime against Minor	Requirements for Registering	10 year Registration Requirement for the Following Offenses	Life Registration Requirement for the Following Offenses
Licensed daycares or preschools	Out-of-state offenders must register within 10 days of entering the state, regardless of length of state	Kidnapping, voyeurism, unlawful sexual activity with a minor, unlawful sexual conduct with a 16 or 17-year-old,	Two separate convictions of any of the above, child kidnapping, aggravated kidnapping, enticing a minor over the internet, rape, rape of a child
Public swimming pools	Offenders under AP&P supervision shall register with AP&P	Forcible sexual abuse, incest, Lewdness (4 convictions required to for registration)	Object rape, object rape of a child, forcible sodomy, sodomy on a child
Public or private primary and secondary schools	Offenders no longer under AP&P supervision shall register with local law enforcement	Sexual battery (4 convictions required for registration), lewdness involving a child, aggravated human trafficking	Sexual abuse of a child or aggravated sexual abuse of a child
Community park open to the public	Registration requirements last for the duration of the sentence and the following 10 years after termination of sentence (for life in some cases)	Custodial sexual relations (with victim younger than 18 years old), sexual exploitation of a vulnerable adult	Aggravated sexual assault, sexual exploitation of a minor, and aggravated exploitation of prostitution
Public playgrounds	Offenders must register within 3 business days of every change of primary residence, secondary residence, place of employment, vehicle info, or educational info	Sexual abuse of a minor, and attempting, soliciting, or conspiring to commit any felony offenses listed above (or in the “life list below)

Penalties for Sex Crime Convictions in Utah

Misdemeanors

Class C misdemeanor sex crimes are punishable by up to 90 days in jail and up to $750 in fines. Class B misdemeanor sex crimes are punishable by up to six months in jail and up to $1,000 in fines. Class A misdemeanor sex crimes are punishable by up to one year in jail and up to $2,500 in fines.

The following sex crimes are considered misdemeanors: lewdness and indecent exposure, and prostitution and solicitation.

Felonies

Third-degree felony sex crimes are punishable by up to five years imprisonment and up to $5,500 in fines.

The following sex crimes are considered third-degree felonies: lewdness and indecent exposure.

Second-degree felony sex crimes are punishable by up to 15 years imprisonment and up to $10,000 in fines.

The following sex crimes are considered second-degree felonies: sexual exploitation of a minor and forcible sexual abuse.

First-degree felony sex crimes are punishable by up to five years imprisonment and up to $10,000.

The following sex crimes are considered first-degree felonies: rape, aggravated sexual assault, and enticing a minor,

Collateral Consequences of Sex Crime Conviction

Sex crime convictions carry heavy consequences in a person’s life. In addition to lengthy prison sentences and heavy fines, a conviction can make the process of finding employment extremely difficult. Sex offenders may also lose licenses and be banned from certain housing.

Sex offenders are prohibiting from jobs such as teaching, daycare work, and any other profession which would put an offender in close proximity to children are prohibited. All employment must be approved by a court-appointed agent.

Also, convicted sex offenders may be prohibited from obtaining certain professional licenses, or may lose current ones. Teaching licenses and other child care licenses cannot be held by sex offenders.

Finding housing is also increasingly difficult after being convicted of a sex crime.

Free Consultation with Sex Crimes Lawyer

If you’ve been charged with a sex crime or are being investigated in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.