Sex Crime CHarges Defense

We Work to Preempt or Minimize the Harsh Consequences Sex Crime Charges Can Bring

Utah Criminal Defense Attorneys

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Our Utah Sex Crime Attorneys work to prevent overzealous prosecution

If you’re charged with a sex crime, it pays to retain an experienced sex crimes lawyer at Fillmore Spencer LLC to defend your rights. Here’s why:

Utah lawmakers have gotten tougher on sex crimes, because the number of sex offenders in Utah state prisons in 2013 was double that of 1996. More sex offenders in Utah are sent to prison than placed on probation, and they serve longer sentences: In 2012, 92 percent of first-degree felony sex offenders went to prison, up from 72 percent in 1988. And over that same time period, the length of time served doubled.

Our Utah Criminal Defense Lawyers Fight For you

sex crime charge Defense Attorneys

Sex crimes encompass a range of offenses

Sexual offenses include rape, statutory rape, sexual assault and a host of more serious and lesser offenses. With sex crimes, allegations immediately effect the reputation of the accused. Fillmore Spencer LLC sex crime defense lawyers aggressively represent your case, thoroughly examining the background of the accuser and all evidence, testimony and police reports. We represent Utah Valley residents against all manner of sex crime charges, including:

  • Aggravated sexual assault — Aggravated sexual assault is rape either committed with the threat or use of a weapon, or causing serious bodily injury. It also may be charged based on a pattern of sexual assaults.
  • Bigamy and polygamy — If you’re already married and you cohabit with someone other than your spouse, you can be charged with bigamy. However, in late 2013, a federal district court ruled that Utah law forbidding cohabitation violates the First Amendment of the U.S. Constitution.
  • Child pornography (sexual exploitation of a minor) — The possession of child pornography is a second-degree felony that often results in jail time and a fine, and confiscation of your computers, smart phone and other electronic devices.
  • Incest — Utah defines incest as sexual relationships between immediate family members related by blood or adoption, and between first cousins, and includes artificial insemination between the same. Incest is a third-degree felony. Defenses of consent, marriage and even low mental capacity are not permitted.
  • Internet sex crimes — Charges for Internet sex crimes can include child pornography possession, production and distribution, cyberstalking, predatory criminal sexual assault, solicitation of a minor and voyeurism (photographing parts of a person’s body without their consent).
  • Lewd conduct — Showing people your private parts without their consent, doing so in public, masturbating in public or anything publicly indecent can be considered lewdness.
  • Prostitution — In Utah, a person is guilty of prostitution when they engage in any sexual activity with another person for a fee, are an inmate of a “house of prostitution,” or loiter in or within view of any public place for the purpose of being hired to engage in sexual activity. Prostitution is a class B misdemeanor, but a second conviction ups the charge to a class A misdemeanor. A person who exploits prostitution is charged with felony of the third degree. A person who patronizes a prostitute is subject to a class B misdemeanor.
  • Rape — Utah law defines statutory rape as an adult (18 or older) having sex with a minor (15 or younger), even if the sex is consensual. This does not apply if the participants are married to each other — either party’s right to refuse involuntary sex is still protected under law, however.
  • Sexual abuse of a child or minor — This is the unlawful touching of a child under 14 years old with intent to cause substantial emotional or bodily pain to any person or with the intent to arouse or gratify the sexual desire of any person.
  • Soliciting a minor — This crime occurs most often under the veil of relative anonymity afforded by the Internet. Authorities constantly monitor Internet activity, subpoena Internet service providers and compile evidence in order to make the arrest.
 

Defense for any of these charges requires a savvy criminal defense lawyer who not only understands Utah law but also knows how the prosecution thinks, where charges and sentencings can be negotiated and when and where to raise reasonable doubt.

"There May Be Times when we are powerless to prevent injustice, but there must never be a time that we fail to protest"

 

Eli Wiesel

About sex offender registries

Registered sex offenders are prohibited from visiting:

  • Licensed daycare centers or preschools
  • Public swimming pools, parks or playgrounds
  • Public or private primary and secondary schools

Offenders must register for 10 years following the date of termination of their sentence for the following crimes:

  • Kidnapping
  • Voyeurism
  • Unlawful sexual activity with a minor
  • Unlawful sexual conduct with a 16- or 17-year-old
  • Forcible sexual abuse
  • Incest
  • Lewdness (four convictions required for registration)
  • Sexual battery (four convictions required for registration)
  • Lewdness involving a child
  • Aggravated human trafficking
  • Custodial sexual relations (if victim was under 18 years of age)
  • Sexual exploitation of a vulnerable adult

 

Two separate convictions of any of the above charges mandate lifetime registration, as does first-time conviction for any of the following:

  • Child kidnapping
  • Aggravated kidnapping
  • Enticing a minor over the internet
  • Rape
  • Rape of a child
  • Object rape
  • Object rape of a child
  • Forcible sodomy
  • Sodomy on a child
  • Sexual abuse or aggravated sexual abuse of a child
  • Aggravated sexual assault
  • Sexual exploitation of a minor
  • Aggravated exploitation of prostitution

Retain a law firm that knows Utah sex crimes laws and can defend your good name

If you’ve been charged with a sex crime, or are under investigation for one, call Fillmore Spencer LLC immediately at (801) 426-8200 for a smart, vigorous defense that seeks dismissal, acquittal or mitigation of charges and sentencing. Or you can contact us online.

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