Under the Utah Criminal Code, crimes are separated based on offense type. There are categories for crimes against people, crimes against property, crimes against the public order, and various other categories. Some crimes, however, do not fall squarely in any particular category. Instead, these crimes are grouped under the category of “Offenses Against Public Order and Decency” and referred to as “Miscellaneous Provisions.” The offenses listed within this section vary greatly and range from serious crimes against other people to smaller offenses against the public order.
These offenses may seem insignificant because they do not fit within any specific category of the Criminal Code. However, these crimes are very serious and should not be taken lightly. To fully understand the nature of these offenses and their potential consequences, contact a Utah Lawyer for Criminal Code § 76-9-7 miscellaneous provisions at Overson & Bugden. Call (801) 758-2287 to schedule a free legal consultation.
Definitions of Miscellaneous Provisions Under Utah Criminal Code § 76-9-7
There are multiple crimes listed within this part of the Utah Criminal Code and do not necessarily relate to each other. These crimes include violent offenses against other people, offenses involving property damage, and offenses that are otherwise difficult to classify. The crimes in this section are…
- Intoxication
- Lewdness
- Sexual battery
- Public urination
- Lewdness involving a child
- Voyeurism offenses
- Abuse or desecration of a dead human body
- Participation in an ultimate fighting match
- False representation of a military award—False wearing or use of medal, name, title, insignia, ritual, or ceremony of a military related organization
Each offense listed within this section of the Criminal Code has its own unique set of elements and consequences. The offenses range from a minor infraction up to a second-degree felony. To fully understand the potential consequences of a conviction under this section of the Criminal Code, you will need to know precisely what you have been charged with. You should seek the advice of a Utah lawyer for Criminal Code § 76-9-7 miscellaneous provisions to determine your best defense.
Penalties for Miscellaneous Provisions in Utah
The penalties for an offense within this category may vary significantly from offense to offense. Each crime is very different from the others in this section and each one carries unique penalties. The lowest charge associated with any of these offenses is only a minor infraction. The most serious charge is a second-degree felony. Other offenses include various classes of misdemeanors.
The Criminal Code divides charges into infractions, misdemeanors, and felonies. Infractions are the least serious, usually come with fines, and are rarely associated with prison time. Felonies are the most serious and may carry lengthy prison terms. Misdemeanors fall somewhere in between and may carry moderate prison terms and fines.
Several of the offenses mentioned above are merely infractions and will not result in any prison time, but you may have to pay some fines. Other offenses are misdemeanors. Misdemeanors are either class A, B, or C and are associated with shorter prison terms as well as fines. A Class C misdemeanor may put you behind bars for no more than 90 days. For a class B misdemeanor, you may serve a prison term of no more than 6 months. For a class A misdemeanor, the penalty is a prison term of no more than 364 days. Felonies are more severe and may be of the first, second, or third-degree and carry maximum prison terms of 5 years, 15 years, and life, respectively.
To fully understand your charges and what kind of penalties you face, consult with a Utah Lawyer for Criminal Code § 76-9-7 miscellaneous provisions.
Defenses to Miscellaneous Provision Offenses in Utah
Because the nature of the offenses mentioned above varies so widely, the types of available defenses will also vary. An appropriate defense will depend on the elements required to prove guilty. Most crimes require prosecutors to prove the criminal intent of the defendant, although some crimes do not. All crimes require some type of action or behavior by the defendant that is inherent to the crime charged.
A possible defense would be justification. A defendant may admit that they committed the crime but that their actions were justified. Justified reasons often involve self-defense or the defense of others. The use of force in these types of defenses must be reasonable based on the circumstances.
Another potential defense would be to claim insanity or mental illness drove you to commit the crimes. This defense requires the defendant to demonstrate that a mental illness or disease of the mind prevented them from appreciating their actions’ criminal nature. Insanity need not be a permanent condition. Some defendants claim they were under the influence of a mental defect at the time of the crime, but the defect has since subsided.
Ultimately, a good defense will negate some elements of the crime charged. A defendant cannot be convicted if prosecutors do not prove all elements of the crimes charged beyond a reasonable doubt. The natures of the offenses in the miscellaneous provisions category have many different elements, so any number of defenses may be appropriate. Talk to a Utah Lawyer for Criminal Code § 76-9-7 Miscellaneous Provisions to figure out what defense is best for your case.
Contact a Utah Criminal Defense Lawyer
The charges under § 76-9-7 of the Utah Criminal Code may not feel serious because of how they are classified, but they should not be brushed off or disregarded. If you or someone you know has been charged with one of the crimes mentioned above, contact a Utah Lawyer for Criminal Code § 76-9-7 Miscellaneous Provisions at Overson & Bugden. Call (801) 758-2287 to schedule a free legal consultation.
