Utah Sex Crimes Defense Attorneys
The Utah sex offender registry is very important. The details and the laws of how, when and what Utah criminal convictions count as registrable sex offenses are frequently changing. Anytime you are faced with Utah sex crime, you should immediately contact a Utah criminal defense attorney. The consequences are too high to not know your rights.
Salt Lake City/Provo/Orem Sex Crimes Defense Lawyer.
Being accused of a Utah sex crime is an extremely stressful event that carriers long-lasting consequences. Choosing the right Utah criminal defense trial lawyer matters when you are facing prison, jail, probation or a registrable offense.
Hiring a Utah Sex Crime Defense Attorney with Experience.
When hiring an attorney, it is important that your attorney of choice have real jury trial experience. Many attorneys advertise criminal defense services, but most do not try to very many juries. The lawyers at Howard Lewis & Petersen, PC have decades of combined experience in criminal and civil jury practice to protect your legal rights.
HIRE AN ATTORNEY. DON’T TALK ABOUT IT:
Sex crime accusations are very serious business. If you are being contacted by the police, or contacted by a child welfare worker, you should assert your constitutional right to remain silent. There is nothing wrong with keeping silent until you can hire a Utah sex crimes defense attorney. Remaining silent in the face of questioning by a government actor, the police, or anyone else is your Utah and United States Constitutional right. Keeping silent and not answering questions is NOT illegal and you will NOT be charged with a crime for doing so. The policy may say they will charge you with obstruction, but they cannot.
BUNK MATES AND OTHER INFORMANTS:
You should not talk to the police, not your mother, other family members, or worse yet, your bunk mate in jail. Bunk mates in the county jail or prison can be approached by the police for obtaining any information you may have given them. Your best option is to not talk about any Utah sex crime allegations against you. Only speak with your attorney, while in a private setting, and the full protections of the attorney-client privilege are utilized.
Do not talk to the jail or prison doctors about these allegations, even when it appears they are asking the information to assist you with your medical care. Social workers and counselors have the same issues.
DELAYED REPORTING SEX CRIMES:
Prosecutors can and will charge you with sex crimes that may have happened many years ago. These Utah sex crimes are called delayed reporting allegations and are very harmful to the individual accused. Delayed reporting sex crime allegations requires special investigation and defenses. With any sex crime complainant, the credibility of truthfulness of the alleged victim is critical in the defense of your Utah sex crimes case. Private investigators should be hired and a complete review of all internet and social medial public sources should be exhausted.
Today, DNA evidence can make or break a Utah sex crime case. Your attorney needs to have the medical knowledge and crime lab knowledge to ensure DNA was properly identified and legally obtained. Tainted crime labs procedures and sloppy chain of custody mechanisms can affect the reliability of DNA evidence before a jury.
UTAH REGISTRY BASICS:
As of October 2017, the following are registrable sex and kidnapping offenses in the state of Utah.
The Utah Department of Corrections is statutorily charged with maintaining Utah’s sex offender registry. Utah’s registrable sex offenses as of this writing are found in Utah Code Ann. 77-41-102(9) and (16) (2017). See Utah’s free legislature website here for more details. https://le.utah.gov/
Kidnapping: 76-5-301(1)(c) or (d) (2017)
Child kidnapping: 76-5-301.1(2017)
Aggravated kidnapping: 76-5-302 (2017)
A Felony or Class A Misdemeanor violation of Enticing a minor: 76-4-401 (2017)
A Felony violation of Unlawful sexual activity with a minor: 76-5-401 (2017)
Sexual abuse of a minor: 76-5-401.1 (2017) except under Subsection 76-5-401.1(3)(a) (2017)
Unlawful sexual conduct with a 16 or 17 year old: 76-5-401.2 (2017)
Rape: 76-5-402 (2017)
Rape of a child: 76-5-402.1 (2017)
Object rape: 76-5-402.2 (2017)
Object rape of a child: 76-5-402.3 (2017)
A Felony violation of Forcible sodomy: 76-5-403 (2017)
Forcible sexual abuse: 76-5-404 (2017)
Sexual abuse of a child or aggravated sexual abuse of a child: 76-5-404.1 (2017)
Aggravated sexual assault: 76-5-405 (2017)
Sexual exploitation of a minor: 76-5b-201 (2017)
Incest: 76-7-102 (2017)
Lewdness (4 convictions required for registration): 76-9-702 (2017)
Sexual Battery (4 convictions required for registration): 76-9-702.1 (2017)
Lewdness involving a child: 76-9-702.5 (2017)
Aggravated exploitation of prostitution: 76-10-1306 (2017)
Aggravated Human Trafficking: 76-5-310 (2017)
Sexual Exploitation of a Vulnerable adult: 76-5b-202 (2017)
Sexual extortion: 76-5b-204 (2017)
Custodial Sexual Relations (person in custody under age of 18): 76-5-412 (2017)
A Felony or Class A Misdemeanor Violation of Voyeurism: 76-9-702.7 (2017)
Sodomy of a child: 76-5-403.1 (2017)
Attempting, soliciting, or conspiring to commit any felony offense listed above.
EARLY REMOVAL FROM THE UTAH SEX OFFENSE REGISTRY
It is possible to get removed from the Utah Sex and Kidnapping Registry.
The basic requirements are that your serve your probation, wait five years and have an eligible offense that can be removed. Here are the offense as of 2017 where you can get removed from the Utah sex offense registry:
(1). Eligible Offense. See below.
(2). Five years have passed since your completed your probation.
(3). You only have one registerable offense.
(4). You have not been convicted of a new crime, or another sex offense.
Eligible offenses for early removal from Utah’s sex offense registry are:
(a). 76-4-401 (2017), Enticing a minor, if the offense is a class A misdemeanor;
(b). 76-5-301 (2017), Kidnapping, and the conviction of violating Section 76-5-301 (2017);
(c). 76-5-304 (2017), Unlawful detention, and the conviction of violating Section 76-5-304 (2017) is the only conviction for which the offender is required to register;
(d). 76-5-401 (2017), Unlawful sexual activity with a minor and, at the time of the offense, was not more than 10 years older than the victim;
(e). 76-5-401.2 (2017), 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). 76-9-702.7 (2017), Voyeurism, if the offense is a class A misdemeanor.
FREE INITIAL CONSULTATION—JAIL VISITS
If you have been charged with a Utah sex offense crime, the initial consultation is always free to meet with the Utah criminal defense attorneys at Howard Lewis & Petersen, PC. Our attorneys make jail and home visits when needed and take sharp intervention with the attorney-client privilege to avoid future police interrogation.
Call (801) 373-6345 for your free consultation.