Utah’s sex crimes statute is found at Utah Code Ann. 76-5-401 (2020). Utah sexual crimes statute sets out four different factors that it weighs when determining the severity of crime and resulting punishment.
(1). Age of the complaining witness (alleged victim). Under 12 years old?
(2). Age of the criminal defendant. Over 21?
(3). Was force used? Weapons, threats, bodily injury?
(4). What type of illegal sexual activity occurred. Sexual intercourse, sodomy, or touching?
Utah’s sex crimes statute is found at Utah Code Ann. 76-5-401 (2020). Utah sexual crimes statute sets out four different factors that it weighs when determining the severity of crime and resulting punishment.
(1). Age of the complaining witness (alleged victim). Under 12 years old?
(2). Age of the criminal defendant. Over 21?
(3). Was force used? Weapons, threats, bodily injury?
(4). What type of illegal sexual activity occurred. Sexual intercourse, sodomy, or touching?
(5). Positions of Special Trust. Teachers, Bishops, Coaches, etc.
AGE OF THE COMPLAINING WITNESS (ALLEGED VICTIM) IN PROVO OREM SEX OFFENSES.
Utah sex crimes statutes breaks out the ages of the complaining witness generally as (a). Children under 12 years old. (b). Children 12-16. (c). Children 16-17. Harsher prison sentences attached to sexual misconduct with younger children.
AGE OF THE CRIMINAL DEFENDANT IN UTAH SEX OFFENSE CRIMINAL CHARGES.
Utah’s sex crimes scheme treats criminal defendants who are four years older than the complaining witness more harshly. Additionally, there is a reference to being ten years older than the complaining witness. There are special provisions for high school kids and sexual conduct between minors and defendants who are under the age of 21 years old.
Mandatory prison sentences are often required for the use of force with sexual misconduct. Force is not just allegations of physical assault, but making threats against family members, and using weapons. When force allegations are charged the criminal defendant can be looking at 25 years minimum sentences or mandatory prison sentences that the judge has no discretion in shortening.
“Dangerous weapon” means: Any item capable of causing death or serious bodily injury; or
a fake weapon or representation of the item if the defendant uses the fake weapon and victims believes that it is real.
Utah’ sex crimes law disfavors criminal defendants who allegedly use their position of authority to manipulate victims.
Utah jury instruction defines a “Position of Special Trust” broadly to be:
“Position of special trust” means an adoptive parent; an adult athletic manager; an aunt; a babysitter; a coach; an adult cohabitant of a parent; a counselor; a doctor or physician; an employer; a foster parent; a grandparent; a legal guardian; a natural parent; an adult recreational leader; a religious leader; an adult sibling or stepsibling; an adult scout leader; a stepparent; a teacher or any other person employed by or volunteering at a public or private elementary school or secondary school, and who is 18 years of age or older; an uncle; an adult youth leader; any other person in a position of authority that enables the person to exercise undue influence over the child. See Utah Code § 76-5-404.1(1).
Utah’s statutory sex crimes scheme differentiates between sexual penetration, sodomy and touching. Sexual penetration is generally treated more significantly than illegal touching.
TIME. Often Utah sex crimes involve an element of time and delay from the alleged events to the reporting of the alleged events. Time is a defense in that memories fade and are corrupted by time. Time never helps memory recall and any problems recalling crucial points in the complaining witness’ testimony must be exposed. Discrepancies between penetration versus touching on the outside of the clothing is critical to a degree of conviction.
CREDIBILITY OF THE COMPLAINING WITNESS. Some witnesses have good intentions, but simply cannot accurately recall their memory from events that happened years ago. Other witnesses are coached and manipulated where an already faulty memory is substituted with elements of another person’s wishes. Still some witnesses tell the truth generally, but on key testimony fudge the truth or lie. On occasion, you have the devious witness who lies the entire time on the witness stand.
The ability of your attorney to cross-examine the complaining witness is critical to winning your case. Exposing the witness not as a liar, but as confused, and not able to accurately recall the events of the past is huge. Cross-examination is a perishable skill that if not practiced frequently, you lose it. It is not like riding a bike, but more like fine marksmanship where without practice, it fades away.
That is one reason to choose an attorney who has lots of courtroom experience to defend your Utah sex crimes charges.
You can’t write an informational blog about Utah’s sex crimes statute without talking about the Utah Sex Offense Registry.
The complete listing of all Utah sex crimes that require mandatory registration can be found at 77-41-101 (2018). A close look at the Utah sex offense registry is always in order when defending people accused of sex crimes.
Straight from the Utah Code Ann 77-41-101 (2018), here is the list of registrable sex crimes in Utah as 05/2018.
(i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
(ii) Section 76-5b-202, sexual exploitation of a vulnerable adult, on or after May 10, 2011;
(iii) a felony violation of Section 76-5-401, unlawful sexual activity with a minor;
(iv) Section 76-5-401.1, sexual abuse of a minor, except under Subsection 76-5-401.1(3)(a);
(v) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
(vi) Section 76-5-402, rape;
(vii) Section 76-5-402.1, rape of a child;
(viii) Section 76-5-402.2, object rape;
(ix) Section 76-5-402.3, object rape of a child;
(x) a felony violation of Section 76-5-403, forcible sodomy;
(xi) Section 76-5-403.1, sodomy on a child;
(xii) Section 76-5-404, forcible sexual abuse;
(xiii) Section 76-5-404.1, abuse of a child or aggravated sexual abuse of a child;
(xiv) Section 76-5-405, aggravated sexual assault;
(xv) Section 76-5-412, custodial sexual relations, when the person in custody is younger than 18 years of age, if the offense is committed on or after May 10, 2011;
(xvi) Section 76-5b-201, sexual exploitation of a minor;
(xvii) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
(xviii) Section 76-7-102, incest;
(xix) Section
76-9-702, lewdness, if the person has been convicted of the offense four or more times;
(xx) Section 76-9-702.1, sexual battery, if the person has been convicted of the offense four or more times;
(xxi) any combination of convictions of Section 76-9-702, lewdness, and of Section 76-9-702.1, sexual battery, that total four or more convictions;
(xxii) Section 76-9-702.5, lewdness involving a child;
(xxiii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
(xxiv) Section 76-10-1306, aggravated exploitation of prostitution; or
(xxv) attempting, soliciting, or conspiring to commit any felony offense listed in Subsection (17)(a);
(xxvi) a substantially similar offense where the conviction occurred in the other state or in a U.S. military court.
The sources of registrable Utah sex crimes offenses is found at Utah Code Ann. 77-41-101(9) and (17), and Utah Code Ann. 77-41-106 (2018). If you are facing a Utah Sex Crime, a careful read of the statute is always worth your time.
It is a Third Degree Felony for failure to register as a sex offender in Utah. Further there is a mandatory 90 days jail sentence and an additional one year is added to the registry duration.
There is a 10 year Utah sex offense registry and a lifetime sex offense registry. Certain Utah sex offenses using force will acquire a lifetime registry, whereas less serious Utah sex offenses incur a 10 year registration. Further, certain offenses when committed while the offender is under 21 years old can qualify for a 10 year registry, even though they normally would have been a lifetime registry.
Utah law allows a convicted sex offender to petition the convicting court for early removal from the sex offender registry. There are strict rules regarding the eligibility to apply for early removal. The statute is Utah Code Ann 77-41-112 (2018) for more information.
Only these Utah sex offense convictions are eligible.
(a) Section 76-4-401, Enticing a minor, if the offense is a class A misdemeanor;
(b) Section 76-5-401, Unlawful sexual activity with a minor and, at the time of the offense, was not more than 10 years older than the victim;
(e) Section 76-5-401.2, Unlawful sexual conduct with a 16 or 17 year old, and at the time of the offense, was not more than 15 years older than the victim; or
(f) Section 76-9-702.7, Voyeurism, if the offense is a class A misdemeanor.
Further you must have registered successfully for at least 5 years and had not have further sex offense convictions. Additionally you must have successfully completed all sex offender treatment and paid all court ordered restitution.
If you are eligible, the court can removed from the Utah sex offense registry if the Judge finds determines that it is “not contrary to the interests of the public to do so,” it may grant the petition and order removal of the offender from the registry.
Utah criminal defense lawyer Jake Gunter has been defending people for nearly 15 years. He has 14 jury trials under his belt and many more as the second-chair attorney. He has been in the courtroom representing people with at least 1,000 court hearings to his name. He has tried to judgment over 100 bench or evidentiary hearings.
Provo/Orem criminal defense attorney Jake Gunter offers a free consultation. Call at (801) 373-6345.
