Sexual exploitation of a vulnerable adult is similar to the crime of child pornography (called sexual exploitation of a minor in Utah) but involves a vulnerable adult who cannot consent.
A vulnerable adult is an “elder adult” or a “dependent adult.” In Utah, an “elder adult” is someone 65 years old or older. A “dependent adult” in Utah is an individual who has a mental or physical impairment, and this impairment substantially affects their ability to:
- Protect themselves
- Provide necessities for themselves (including food, water, shelter, clothing, or medical care)
- Obtain services for themselves, such as health services, safety services, or welfare services
- Carry out basic daily activities
- Manage their own resources (financial resources, property, and other resources)
- Comprehend the concepts of abuse, neglect, and exploitation
“Sexual exploitation” is defined as knowingly creating, possessing, viewing, or distributing vulnerable adult pornography. This crime requires knowing that the material in question is vulnerable adult pornography. The viewing and distributing aspects must be intentional.
It is also a violation of this crime if the vulnerable adult’s legal guardian knowingly consents to allow the vulnerable adult to be sexually exploited or permits the vulnerable adult to be sexually exploited.
Utah Sexual Exploitation Of A Vulnerable Adult Attorney
If you have been arrested for sexual exploitation of a vulnerable adult, contact Utah sex crime attorney Susanne Gustin at Susanne Gustin, Attorney at Law. She has represented countless Utah residents and visitors in weapons charge cases. Attorney Gustin has the experience and knowledge to answer all of your questions, help you assess the options, and represent you throughout the entire legal process.
If you reside in Salt Lake County or Davis County, UT, call Susanne Gustin Attorney at Law at (801) 243-2814 for a consultation.
Information Center
- Penalties For Sexual Exploitation Of A Vulnerable Adult In Utah
- Statute Of Limitations For Sexual Exploitation Of A Vulnerable Adult In Utah
- Additional Resources
Penalties For Sexual Exploitation Of A Vulnerable Adult In Utah
Sexual exploitation of a vulnerable adult is a third-degree crime in Utah. However, it is essential to remember that each vulnerable adult depicted in the vulnerable adult pornography, and each time the same vulnerable adult is depicted in different vulnerable adult pornography, is a separate offense. That means these charges can stack up fast.
Each charge of third-degree sexual exploitation of a vulnerable adult may result in up to 5 years in prison and up to $5,000 in fines.
An individual convicted of this crime will be required to register as a sex offender if they have any other sex offense on their record.
Statute Of Limitations For Sexual Exploitation Of A Vulnerable Adult In Utah
The statute of limitations for the charging of sexual exploitation of a vulnerable adult is four years from the time of the act in question.
Defenses To Sexual Exploitation Of A Vulnerable Adult In Utah
The best defense to sexual exploitation of a vulnerable adult is an affirmative defense provided by the statute – that no vulnerable adult was depicted in the material or used in producing or advertising the material in question. This means that even if the subject of the material appears to be a vulnerable adult who could not consent, if they are, in fact, an adult who was able to consent (and did), there is no violation of this law.
There are a few other defenses built into this law:
- law enforcement officers acting within the scope of a criminal investigation cannot be charged under this law
- employees acting within the scope of employment for the good faith performance of reporting or data preservation duties required under any law cannot be charged here
- employees acting within the scope of employment for the good faith performance of trying to prevent vulnerable adult pornography or detecting or reporting the existence of vulnerable adult pornography cannot be charged under this law
Further, sexual exploitation of a vulnerable adult is a “knowing” crime, so a defense is that the defendant did not know the material was vulnerable adult pornography. In other words, the defendant did not realize the subject was a vulnerable adult who did not or could not consent to be in the pornography. It is also a defense if the viewing of vulnerable adult pornography was accidental or otherwise unintended.
Suppose the crime is charged against the vulnerable adult’s legal guardian. In that case, it may be a defense that they did not know they were the legal guardian, they did not know the subject was a vulnerable adult, or they did not know that what they agreed to was pornography.
Additional Resources
SONAR – The Utah Department of Corrections maintains a Sex and Kidnap Offender Notification and Registry. This is what is referred to when a convicted felon is required to register as a sex offender.
Crimes Against the Protected Person – The Utah Courts provide a form for reporting suspected acts of abuse against protected persons, including vulnerable adults.
Adult Protective Services – The Utah Department of Health and Human Services has a page devoted to reporting abuse of vulnerable adults.
Utah Sexual Exploitation Of A Vulnerable Adult Attorney | Salt Lake County, UT
If you have been arrested for sexual exploitation of a vulnerable adult in Salt Lake County, UT, it’s imperative you have a skilled defense lawyer who can begin building a defense for your charges. In a difficult situation such as this, turn to Susanne Gustin, Attorney at Law. Here at Susanne Gustin, Attorney at Law, we will carefully review each and every detail of your case to determine the best approach.
To schedule a free consultation, call (801) 243-2814 today. Susanne Gustin Attorney at Law accepts embezzlement cases in Salt Lake City, Midvale, Riverton, Taylorsville, Clearfield, Layton, Davis County, and the surrounding areas.
