Utah penalizes sex offenses extremely harshly. If you are convicted, you may be facing years in prison, thousands of dollars in restitution, and mandatory, lifelong registration as a sex offender on the public Sex Offender Registry. You will also have to bear the long-term consequences of having a criminal record, which include difficulties being hired, getting approved for loans, and obtaining professional licenses.
If you’ve been charged with a sex crime in Park City or the greater Summit County area, you need to contact an experienced criminal defense lawyer immediately so that your legal rights are protected. The attorneys of Overson Law, LLC offer free consultations for new clients, and your sensitive information will always be kept confidential.
Don’t wait until you’re facing the prosecutor: to schedule a free and private case evaluation, call Darwin Overson at (801) 758-2287. Our lines are open around the clock, every day of the week.
Sex Crimes Our Utah Defense Lawyers Handle
The Utah Criminal Code recognizes dozens of different sex crimes. Our attorneys have more than 15 years of experience handling thousands of criminal cases, and are prepared to defend clients against charges including but not limited to:
- Aggravated Sexual Assault (First Degree Felony) – Refers to using violence during the course of an alleged rape, including:
- Threatening the victim’s life or immediate safety.
- Using or threatening to use a dangerous weapon.
- Seriously injuring the victim.
- Lewdness (Class B Misdemeanor, Third Degree Felony) – Refers to sexual acts in the presence of somebody aged 14 or older when the defendant “should know [the act] will likely cause affront or alarm.” If the witness is younger than 14, the offense becomes “lewdness involving a child,” which is a Class A Misdemeanor or third degree felony.
- Rape (First Degree Felony) – Refers to sexual intercourse without the victim’s consent. If the incident involves threats or violence, or if there are multiple people aiding and abetting the alleged rape, it can be charged as aggravated sexual assault.
- Sexual Abuse of a Child (Second Degree Felony) – The alleged victim was younger than 14. Aggravated sexual abuse of a child is a first degree felony.
- Sexual Abuse of a Minor (Class A Misdemeanor, Third Degree Felony) – The alleged victim was 14 or older, but not yet 16.
- Sexual Battery (Class A Misdemeanor) – This name is somewhat misleading. Sexual battery refers to any non-consensual sexual touching, even through the person’s clothing.
- Sexual Exploitation of a Minor (Second Degree Felony) – This term encompasses child pornography charges, including viewing, possession, distribution, and intent to distribute.
- Voyeurism (Class B Misdemeanor, Class A Misdemeanor, Third Degree Felony, Second Degree Felony) – Refers to secretly filming or photographing a person, in a setting where they have a reasonable expectation of privacy (e.g. the home), for the purpose of viewing their body.
Utah Criminal Sentences and Penalties
If you are convicted of a felony or misdemeanor, you can be heavily fined, incarcerated, required to perform community service, and/or placed on probation under supervision by a probation officer.
You will also receive a permanent criminal record, which will be accessible to any employers, landlords, or lenders who decide to run a background check, unless you are able to seal your record through an expungement. Long after the formal, court-ordered penalties come to an end, your criminal history can continue to disrupt your life. You may find it hard to get a job, be approved for a loan, or obtain a professional certification.
Utah imposes the following maximum penalties for misdemeanor and felony offenses:
- Misdemeanor, Class B
- Sentence — 6 months, jail
- Fine — $1,000
- Misdemeanor, Class A
- Sentence — 1 year, jail
- Fine — $2,500
- Felony, Third Degree
- Sentence — 5 years, prison
- Fine — $5,000
- Felony, Second Degree
- Sentence — 15 years, prison
- Fine — $10,000
- Felony, First Degree
- Sentence — Life, prison
- Fine — $10,000
Will I Have to Register as a Sex Offender?
There are currently at least 25 different “registrable offenses” which will result in mandatory placement on the Utah Sex Offender Registry. Depending on the conviction, offenders may be required to register for 10 years — or for life.
All of the following offenses are “registrable offenses”:
- Aggravated Sexual Assault
- Incest
- Kidnapping
- Rape, including Object Rape
- Rape of a Child, including Object Rape of a Child
- Voyeurism
- Lewdness
- Sexual Battery
- Sexual Abuse
If you are placed on the registry, you will be forced to contend with two major, ongoing problems: the devastating social stigma registration carries, and numerous restrictions on your daily activities. Depending on the age of the victim and the severity of the offense, you could be required to:
- Attend mandatory therapy.
- Obey curfews or have electronic monitoring.
- Undergo random lie detector tests.
- Have blood drawn for DNA purposes.
- Get parole officer approval for where you can work.
- Get parole officer approval for where you can live.
- Avoid contact with people under 18 years old.
- Avoid the victim and/or his or her family.
- Avoid possessing any object that “acts as a sexual stimulus or particular deviancy,” including:
- Movies
- Books
- Magazines
- Photographs
- Drawings
- Avoid “places where children congregate,” which includes:
- Schools
- Parks
- Playgrounds
- Parties
- Arcades
- Family Gatherings
If you’ve been arrested for any of these charges, the time to start building your defense is now. Call our Park City sex crimes attorneys at (801) 758-2287 for your free and confidential consultation.