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Sex Crimes

Sex crime accusations make for an extremely stressful time for the accused. The magnitude of the long-lasting effects these accusations have on an individual, both professionally and personally, are unmatched.

For this reason, many individuals accused of such crimes want nothing more than to keep said accusations from surfacing in the press.

A sex crime conviction comes with serious legal consequences including prison time, probation, and possible registration as a sex offender. This does not include the collateral damages which may result in your personal life such as finding housing and employment opportunities.

Sex crimes encompass a wide array of crimes, including:

Salt Lake City Sex Crimes Defense Attorney

If any of these cases sound similar to yours, it is imperative to consult an experienced sex crime defense attorney. For over 24 years, Susanne Gustin has zealously defended individuals facing complex sex crime charges, including rape, forcible sexual abuse, solicitation of a prostitute, and sex crimes against children.

Susanne Gustin is a trial proven criminal defense attorney and is well respected in Utah Courts for her skilled and compassionate defense of those accused. She actively pursues every possible option to obtain the best possible result in each case, including dismissal and reduction of the charges.

Susanne Gustin is a trial proven criminal defense attorney and is well respected in Utah Courts for her skilled compassionate defense of those accused. She actively pursues every possible option to obtain the best possible result in each case, including dismiss and reduction of charges

Call Susanne Gustin Attorney at Law at (801) 243-2814 or submit an online form to schedule a confidential consultation. Susanne Gustin Attorney at Law strongly represents individuals facing sex crime charges throughout Salt Lake County and Davis County, including Salt Lake City, West Valley City, Layton, Bountiful, West Jordan, Sandy, and surrounding communities.

Utah Sex Crime Defense Information Center


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Common Sexual Offenses in Utah

In the state of Utah, there is a wide variety of conduct constituting sex crimes. If an individual faces sex crime accusations or charges, it is vital to consult with an experienced defense attorney to discuss your legal options and specific facts of the case.

The aforementioned list of related offenses is non-exhaustive; however, the following offenses are commonly prosecuted in Utah:

Rape – Utah code §76-5-402 an individual commits rape when this individual has sexual intercourse with another person without that person’s consent.  This applies whether or not the individuals are married. 

Rape is a first-degree felony punishable by minimum five years to life; minimum 15 years to life in the event that the accused has caused serious bodily injury to the victim; or life without parole if the defendant was previously convicted of a grievous sexual offense.

Child Pornography (Enticing a Minor)- Utah code §76-4-401 an  individual is enticing a minor when he  or she knowingly uses the Internet or text messages to solicit a minor, or someone the actor believes to be a minor, to engage in any sexual activity in violation of a state criminal law.

Enticing a minor is punishable by a minimum of three years imprisonment and a maximum of life imprisonment.

Polygamy (Bigamy)- Utah code §76-7-101 an individual is guilty of polygamy when he or she is married or knows that another person is married, and purports to marry or cohabit with the other person.

Polygamy is punishable by a maximum of five years imprisonment and up to $5,000 in fines.

Sex Crimes against Children (Aggravated Sexual Abuse of a Child) -Utah Code §76-5-404.1

Sexual Abuse of a child occurs when a person commits sexual abuse of a child when he or she touches a child in a sexual manner or causes a child to commit indecent acts to him or her with intent to cause substantial emotional or bodily pain, or intent to arouse.

Aggravated sexual abuse of a child occurs when in conjunction with the aforementioned acts, the actor used a dangerous weapon, caused severe harm, befriended the child with intent to commit the act, has a history of these acts, was in a trusted position, aided in trafficking, or caused penetration.

This offense is punishable by a minimum of 15 years imprisonment to a maximum of life imprisonment without parole.

Prostitution and Solicitation- Utah code §76-10-1302

Prostitution, as defined by Utah code, occurs when an individual engages in any sexual act with another for a fee of the functional equivalent; is an inmate of a prostitution house; or loiters in a public place for the purpose of being hired to commit sexual acts.

Prostitution is punishable by up to six months and jail and $1,000 in fines.


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Utah Sex Offender Classification

Utah’s sex offender registration requirements are as follows:


Off-Limit Zones for Those convicted of Crime against Minor

Requirements for Registering

10 year Registration Requirement for the Following Offenses

Life Registration Requirement for the Following Offenses

Licensed daycares or preschools

Out-of-state offenders must register within 10 days of entering the state, regardless of length of state

Kidnapping, voyeurism, unlawful sexual activity with a minor, unlawful sexual conduct with a 16 or 17-year-old,

Two separate convictions of any of the above, child kidnapping, aggravated kidnapping, enticing a minor over the internet, rape, rape of a child

Public swimming pools

Offenders under AP&P supervision shall register with AP&P

Forcible sexual abuse, incest, Lewdness (4 convictions required to for registration)

Object rape, object rape of a child, forcible sodomy, sodomy on a child

Public or private primary and secondary schools

Offenders no longer under AP&P supervision shall register with local law enforcement

Sexual battery (4 convictions required for registration), lewdness involving a child, aggravated human trafficking

Sexual abuse of a child or aggravated sexual abuse of a child

Community park open to the public

Registration requirements last for the duration of the sentence and the following 10 years after termination of sentence (for life in some cases)

Custodial sexual relations (with victim younger than 18 years old), sexual exploitation of a vulnerable adult

Aggravated sexual assault, sexual exploitation of a minor, and aggravated exploitation of prostitution

Public playgrounds

Offenders must register within 3 business days of every change of primary residence, secondary residence, place of employment, vehicle info, or educational info

Sexual abuse of a minor, and attempting, soliciting, or conspiring to commit any felony offenses listed above (or in the “life list below)

 


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Penalties for Sex Crime Convictions in Utah

Misdemeanors

Class C misdemeanor sex crimes are punishable by up to 90 days in jail and up to $750 in fines. Class B misdemeanor sex crimes are punishable by up to six months in jail and up to $1,000 in fines. Class A misdemeanor sex crimes are punishable by up to one year in jail and up to $2,500 in fines.

The following sex crimes are considered misdemeanors: lewdness and indecent exposure, and prostitution and solicitation.

Felonies

Third-degree felony sex crimes are punishable by up to five years imprisonment and up to $5,500 in fines.

The following sex crimes are considered third-degree felonies: lewdness and indecent exposure. 

Second-degree felony sex crimes are punishable by up to 15 years imprisonment and up to $10,000 in fines.

The following sex crimes are considered second-degree felonies: sexual exploitation of a minor and forcible sexual abuse.

First-degree felony sex crimes are punishable by up to five years imprisonment and up to $10,000.

The following sex crimes are considered first-degree felonies: rape, aggravated sexual assault, and enticing a minor,


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Collateral Consequences of Sex Crime Conviction

Sex crime convictions carry heavy consequences in a person’s life.  In addition to lengthy prison sentences and heavy fines, a conviction can make the process of finding employment extremely difficult.  Sex offenders may also lose licenses and be banned from certain housing.  

Sex offenders are prohibiting from jobs such as teaching, daycare work, and any other profession which would put an offender in close proximity to children are prohibited.  All employment must be approved by a court-appointed agent.   

Also, convicted sex offenders may be prohibited from obtaining certain professional licenses, or may lose current ones. Teaching licenses and other child care licenses cannot be held by sex offenders.

Finding housing is also increasingly difficult after being convicted of a sex crime.


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Utah Sex Crimes Resources

Utah Sex and Kidnap Offender Notification and Registration (SONAR)- Utah Code Ann. § 77-41 requires the Utah Department of Corrections (UDC) to publish certain personal information, of individuals convicted of certain sexually-motivated offenses.

Utah Violence and Injury Prevention Program- Statistics and data concerning rape, sexual assault, and domestic violence.

Utah Megan’s Law Information- Information for probationers and parolees, probation parole conditions, and resources for sex offenders.

Salt Lake City Rape Recovery Center- Explanation of the criminal process, summons and arrest, police investigation, and more preliminary procedures.

Utah Commission on Criminal and Juvenile Justice: Reported Crime Statistics- Sex crime statistics for Utah and sex crime sentencing information.


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Susanne Gustin Attorney at Law Salt Lake County Sex Crime Defense Attorney

Sex crime convictions are a serious matter, and can have long-lasting damaging effects on a person’s life. It is crucial to consult an experienced defense attorney to face these charges.
Attorney Susanne Gustin of Susanne Gustin Attorney at Law has over 24 years of experience zealously defending individuals facing rape, object rape, polygamy, child pornography, or failure to register as a sex offender, and other related sexually motivated crimes .

If you have been charged with a sex crime in Salt Lake City or Davis Counties, including Salt Lake City, Taylorsville, Riverton, Midvale, Clearfield, Layton, and surrounding communities contact Susanne Gustin Attorney at Law at (801) 243-2814 to discuss your legal options.


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