Custodial sexual relations or custodial sexual misconduct is a serious crime in Utah. It occurs when a person who holds power over another person engages in sexual activity with that person. Under this law, the person in power is an officer of the law, and the other person is held in custody.
More specifically, the person in power is one of the following:
- A law enforcement officer (such as a police officer, marshal, sheriff, or deputy sheriff)
- A correctional officer (such as a prison guard, probation officer, or parole officer)
- A special function officer (such as a constable, auxiliary officer, peace officer, or port-of-entry agent)
- An employee or contractor for the Department of Corrections
- An employee or contractor for a county jail
And the person in custody is one of the following:
- A prisoner (including prisoners being housed in hospitals), inmate, or detainee
- An individual on parole
- An individual on probation
- An individual in a work release facility
- Anyone under arrest (lawfully or unlawfully, with or without a warrant)
Utah Custodial Sexual Relations Attorney
If you’re convicted of custodial sexual relations in Utah, then you could be sentenced to years in prison, lose your license, and be required to pay incredibly expensive fines. With such steep consequences, it’s imperative you get in contact with a knowledgeable sex crime defense attorney as soon as possible. Attorney Susanne Gustin at Susanne Gustin, Attorney at Law has over 30 years of experience in criminal law and can develop a strong defense for your case.
Susanne Gustin Attorney at Law serves individuals in Salt Lake City, Midvale, Riverton, Taylorsville, Clearfield, Layton, Davis County, and the surrounding areas. Call 801-243-2814 to schedule a free consultation with Susanne Gustin, Attorney at Law today.
Information Center
- Penalty For Custodial Sexual Relations In Utah
- Statute Of Limitations For Custodial Sexual Relations In Utah
- Defenses For Custodial Sexual Relations In Utah
- Additional Resources
Penalty For Custodial Sexual Relations In Utah
The crime of custodial sexual relations in Utah is a third-degree felony. A third-degree felony in Utah may result in up to five years in prison and a fine of up to $5,000.
If the person in custody (the victim) is under 18, the crime is a second-degree felony. A second-degree felony in Utah may result in 1 to 15 years in prison and a fine of up to $10,000. If the victim is under 18, the defendant will likely have to register as a sex offender.
If the act in question could be charged as another, more severe crime, the custodial sexual relations law does not prevent that crime from being charged.
Statute Of Limitations For Custodial Sexual Relations In Utah
As with most felonies in Utah, the statute of limitations for the crime of custodial sexual relations is four years from the commission of the offense.
Defenses For Custodial Sexual Relations In Utah
Consent is not a defense to custodial sexual relations in Utah. However, not knowing that the person was in custody at the time of the interaction may be a defense.
Ignorance of the person’s age or belief that the person in custody is over the age of 18 is not a defense to second-degree custodial sexual relations.
Compulsion, that is, the threat of force, is a defense to the crime of custodial sexual relations in Utah. In other words, if a police officer had a gun to his head forcing him to engage in sexual activity, that would be a defense.
Additional Resources
Prison Rape Elimination Act – The PREA is a federal law to deter sexual assault in prisons.
Resources for Survivors – The National PREA Resource Center provides assistance and resources to individuals who have suffered sexual abuse while in prison.
Know Your Prisoners’ Rights – The ACLU has published information about prisoners’ rights, including victims of assault in prison.
Your Right to be Free from Assault – Columbia Law School has published A Jailhouse Lawyer’s Manual with a chapter devoted to assaults in prison.
Help for Crime Victims – The Utah Office for Victims of Crime provides restitution to crime victims.
Utah Custodial Sexual Relations Attorney | Salt Lake County, UT
Are you facing accusations for custodial sexual relations in Utah? Reach out to an experienced criminal defense attorney at Susanne Gustin, Attorney at Law. Sex crime charges are nothing to laugh at and can lead to fines and even time spent in jail or prison. To fight those allegations, have Salt Lake County defense lawyer Susanne Gustin represent you in court and advocate on your behalf.
Susanne Gustin Attorney at Law serves clients in Utah including Salt Lake County, Alta, Mount Olympus, Cottonwood West, East Millcreek, Herriman, East Layton, West Bountiful, Fruit Heights, Cottonwood Heights, West Valley City, West Jordan, Sandy, and South Jordan. Call (801) 243-2814 to secure a free consultation with Susanne Gustin Attorney at Law today.
