Increased Penalties for Child Sex Crimes
Being accused of any type of sex crime in the state of Utah is a serious matter. When the charges involve children such as sexual exploitation of a minor, the consequences can be even greater. The crime of sexual exploitation of a minor is a class A misdemeanor, but defendants can face increased penalties depending on the circumstances of the case.
When charged with a child sex crime, it is important that a defendant fully understands the allegations and possible penalties. A child sex conviction can follow an individual for several years, if not for a lifetime. The stigma associated with sex crime allegations could also potentially devastate a person’s reputation.
Salt Lake City Child Sex Crimes Attorney, UT
Facing increased penalties for child sex crimes can be a difficult experience. This is why it’s important to act quickly and secure quality legal representation as soon as possible. If you have been charged for committing a sex crime with a minor, contact Susanne Gustin, Attorney at Law. Attorney Susanne Gustin will zealously work in your defense.
Susanne Gustin, Attorney at Law serves individuals throughout the state of Utah. We also defend clients in Salt Lake County, West Valley City, West Jordan, Sandy, Taylorsville, South Jordan, Davis Counties, and surrounding areas. Your first initial consultation is free of charge so call 801-243-2814 to schedule one.
Information Center
- Child Sex Crimes in Utah
- Utah’s “Jessica’s Law”
- Grievous Sexual Offenses in Utah
- Penalties for Child Sex Crime Convictions in Utah
- Additional Resources for Child Sex Crimes
Child Sex Crimes in Utah
According to the Utah Criminal Code, a person can be charged with various sex offenses that involve children. If an individual faces child sex crime charges, it is important to seek legal counsel from an experienced defense attorney. Examples of child sex crimes in the state of Utah and their penalties include the following:
- Sodomy: (Utah code §76-5-403.1) Sodomy on a child under Utah law refers to the act of oral or anal sex on a minor under the age of 14. It is considered a first-degree felony which is punishable by 5 to 99 years in prison and a fine of up to $10,000. Lifetime registration is required.
- Sexual Abuse of a Minor: (Utah Code 76-5-401) A person is guilty of committing sexual abuse of a minor if the alleged victim was between 14 to 16 years of age at the time the sexual activity occurred. Penalties for committing sexual abuse of a minor can be life-changing depending on the circumstances of the case. The crime can be either a class A misdemeanor or a third-degree felony. A third-degree felony carries a prison term of less than 5 years and up to a $5,000 fine. A class A misdemeanor punishable by up to 1 year in jail and up to a $2,500 fine.
- Aggravated Sexual Abuse (Forcible Sexual Abuse): (Utah Code 76-5-404): Forcible sexual abuse occurs when an individual touches a child in a sexual manner or causes a child to commit indecent acts to him or herself with intent to cause substantial emotional or bodily pain, or intent to arouse. The offense is a second-degree felony punishable by up to 15 years of imprisonment and up to $10,000 in fines. The penalty is increased to a first-degree felony if it the defendant caused serious bodily injury to the child.
Utah’s “Jessica’s Law”
Jessica’s Law was adopted by Utah in 2008. The statute was designed to assign harsh mandatory minimum sentencing to first time child-sex offenders. Jessica’s Law was originally passed in Florida in 2005 after 9-year-old Jessica Lunsford was kidnapped, sexually assaulted, and murdered by a convicted sex offender that lived nearby.
Utah’s Jessica Law mandates a minimum sentence of 25 years and a maximum of life in prison for adults convicted of lascivious acts against a child. It also requires the defendant to wear electronic tracking devices for a lifetime. Utah’s “Jessica’s Law” applies to the following three child sex offenses.
- Rape of a Child – Utah Code 76-5-402.1
- Object Rape of a Child – Utah Code 76-5-402.3
- Sodomy on a Child (– Utah Code 76-5-403.1
Grievous Sexual Offenses in Utah
According to Utah Code 76-1-601, there are several sexual offenses considered “grievous.” These offenses include:
- Rape – § 76-5-402
- Rape of a Child – § 76-5-402.1
- Object Rape – § 76-5-402.2
- Object Rape of a Child – § 76-5-402.3
- Forcible Sodomy – § 76-5-403(2)
- Sodomy on a Child – § 76-5-403.1
- Aggravated Sexual Abuse of a Child – § 76-5-404.1
- Aggravated Sexual Assault – § 76-5-405
Grievous sexual charges are utilized to calculate if the defendant will face enhanced penalties for the child sex crime they have been accused of. If during the course of the trial, the trier of fact finds that the individual has been previously convicted a prior convicted of a grievous sexual offense, the penalty may be life without the possibility of parole (“LWOP”).
Penalties for Child Sex Crime Convictions in Utah
Utah Misdemeanors
Class C misdemeanor – Punishable by up to 90 days in jail and up to $750 in fines.
Class B misdemeanor – Punishable by up to 6 months in jail and up to $1,000 in fines.
Class A misdemeanor – Punishable by up to 1 years in jail and up to $2,5000 in fines.
Sex crimes that are considered misdemeanors include prostitution and solicitation, lewdness and indecent exposure.
Utah Felonies
Third-degree felony – Punishable by up to 5 years in prison and up to $5,000 in fines. Sex crimes that are considered first-degree felonies include lewdness and indecent exposure.
Second-degree felony – Punishable by up to 15 years in prison and up to $10,000 in fines. Sex crimes that are considered second-degree felonies include sexual exploitation of a minor and forcible sexual abuse.
First-degree felony – Punishable by up to 99 years in prison and up to $10,000 in fines. Sex crimes that are considered first-degree felonies include rape, aggravated sexual assault, and enticing a minor.
Although most individuals in Utah are aware that child sex crime convictions can result in steep fines and prison time, they often forget about the crime’s collateral consequences. It’s important to note that there are heavy collateral consequences for a child sex crime conviction. For example, it may be harder to locate employment because future employers may not hire someone based on their criminal record. It might also be more difficult to obtain a home loan or retain a professional license.
Additional Resources for Child Sex Crimes
Utah Department of Corrections: Sex Offender Registry – Visit the Utah Department of Corrections (UDC) website to view more information on Utah’s laws regulating registered sex offenders. The site lists requirements for registering and length of registration for certain offenses. It also lists convictions for which an offender must register for life.
Utah Code: Sex and Kidnap Offender Registry – Click the link to view Chapter 41 which constitutes the Sex and Kidnap Offender Registry. The webpage lists definitions related to the term such as kidnap offender and jurisdiction. You can also view offenses that require you to register as a sex offender such as rape, object rape, and aggravated sexual assault.
Sex Crimes Attorney in Salt Lake City, UT
If you have been arrested and charged for a child sex crime such as unlawful sexual conduct, rape, or sexual abuse with a minor, contact Susanne Gustin, Attorney at Law as soon as possible. Attorney Susanne Gustin possesses over 24 years of experience defending individuals charged with sexually motivated offenses. She is prepared to work tirelessly for you in minimizing your charges.
With offices conveniently located in Salt Lake City, Susanne Gustin is prepared to meet with you to discuss your charges. She also accepts cases from clients in Davis County, Sandy, South Jordan, Mount Olympus, Alta, Holladay, South Salt Lake, Herriman, East Millcreek, Cottonwood West, and neighboring cities. Call now 801-243-2814 to obtain a free, initial consultation.
