Unlawful Adolescent Sexual Activity
While sex crimes are commonly associated with acts committed by adults on other adults, it is not uncommon for a person under 30 years of age—a child under the Utah Code—to be the alleged offender in some cases. Criminal allegations involving sexual activity between children face many of the same challenges as adult cases, such as issues revolving around consent.
Sex crimes that are referred to the Utah Juvenile Court, however, carry very serious penalties. Certain offenses can result in lengthy terms of imprisonment as well as a possible requirement to register as a sex offender.
Lawyer for Unlawful Adolescent Sexual Activity Arrests in Salt Lake City
If your child was arrested or may be under investigation for an alleged sexual offense in Utah, it is in your best interest to exercise your right to remain silent until you have legal counsel. Susanne Gustin Attorney at Law aggressively defends clients in communities throughout Salt Lake County and Weber County.
Salt Lake City criminal defense attorney Susanne Gustin has received Martindale-Hubble’s AV Preeminent Rating, the highest possible rating in both legal ability and ethical standard. You can have out lawyer provide an honest and thorough evaluation of your case when you call (801) 243-2814 to set up a free initial consultation.
Utah Unlawful Adolescent Sexual Activity Information Center
- Which kinds of sex crimes can minors be charged with?
- When do juveniles have to register as sex offenders?
- Where can I learn more about unlawful adolescent sexual activity in Salt Lake City?
Types of Unlawful Adolescent Sexual Activity in Salt Lake County
Sex crimes involving children are often reported to local police by concerned parents. Criminal charges typically stem from acts which are deemed nonconsensual.
Depending on the type of sexual activity that is alleged, a minor could be charged with any of the following sexual offenses listed under the Utah Code:
- Sexual abuse of a minor;
- Unlawful sexual conduct with a 16- or 17-year-old;
- Unlawful adolescent sexual activity;
- Rape;
- Rape of a child;
- Object rape;
- Object rape of a child;
- Sodomy;
- Forcible sodomy;
- Sodomy on a child;
- Forcible sexual abuse;
- Sexual abuse of a child;
- Aggravated sexual abuse of a child; and
- Aggravated sexual assault.
There is a presumption under Utah Code § 78A-6-702(1) that a minor 16 years of age or older will be bound over to District Court upon a finding of probable cause that the minor has committed one of nine enumerated offenses. Including aggravated sexual assault.
If the juvenile court judge finds the state has met its burden, the court will order that the alleged offender be bound over and held to answer in the district court in the same manner as an adult unless the juvenile court judge finds that it would be contrary to the best interest of the minor and to the public to bind over the defendant to the jurisdiction of the district court. In making that determination, the Juvenile Court Judge will consider only the following:
- whether the minor has been previously adjudicated delinquent for an offense involving the use of a dangerous weapon which would be a felony if committed by an adult;
- if the offense was committed with one or more other persons, whether the minor appears to have a greater or lesser degree of culpability than the codefendants;
- the extent to which the minor’s role in the offense was committed in a violent, aggressive, or premeditated manner;
- the number and nature of the minor’s prior adjudications in the juvenile court; and
- whether public safety and the interests of the minor are better served by adjudicating the minor in the juvenile court or in the district court, including whether the resources of the adult system or juvenile system are more likely to assist in rehabilitating the minor and reducing the threat which the minor presents to the public.
Utah Sex Offender Registration for Unlawful Adolescent Sexual Activity
Sex offender registration is a serious penalty that can change a person’s life for a long time. In Utah, the phrase “sex offender” means any person who is convicted of:
- a felony or class A misdemeanor violation of enticing a minor;
- sexual exploitation of a vulnerable adult;
- a felony violation of unlawful sexual activity with a minor;
- sexual abuse of a minor, except under Utah Code § 76-5-401.1(3)(a);
- unlawful sexual conduct with a 16 or 17 year old;
- rape;
- rape of a child;
- object rape;
- object rape of a child;
- a felony violation for forcible sodomy;
- sodomy on a child;
- forcible sexual abuse;
- sexual abuse of a child or aggravated sexual abuse of a child;
- aggravated sexual assault;
- custodial sexual relations, when the person in custody is younger than 30 years of age;
- sexual exploitation of a minor;
- sexual extortion or aggravated sexual extortion;
- incest;
- lewdness, if the person has been convicted of the offense four or more times;
- sexual battery, if the person has been convicted of the offense four or more times;
- any combination of convictions for lewdness, sexual battery, that total four or more convictions;
- lewdness involving a child;
- a felony or class A misdemeanor violation of voyeurism;
- aggravated exploitation of prostitution; or
- attempting, soliciting, or conspiring to commit any felony offense listed in this section.
Sex offender also means any person who is adjudicated delinquent based on one or more offenses listed above and who has been committed to the division for secure confinement for that offense and remains in the division’s custody 30 days prior to the person’s 21st birthday.
While sex offender registration is commonly required for 10 years following termination or expiration of a sentence, individuals who have had to register as a juvenile for a conviction and who commit a subsequent offense as an adult may be subject to lifetime registration
Utah Unlawful Adolescent Sexual Activity Resources
Utah Department of Human Services | Utah.gov — The Utah Department of Human Services works “to strengthen lives by providing children, youth, families and adults individualized services to thrive in their homes, schools, workplaces and communities.” Use this website to find information about the Division of Juvenile Justice Services, such as case management, youth services, and juvenile receiving centers. The Juvenile Competency section of the website provides PDF versions of the juvenile competency curriculum, workbook, and procedure.
Utah Division of Child and Family Services State Office
195 N. 1950 W.
Salt Lake City, UT 84116
(801) 538-4100
Prevent Child Abuse Utah — Prevent Child Abuse Utah (PCAU) is a non-profit organization committed to breaking the cycle of child abuse through education and training. Its mission is “to forge and guide a community commitment to prevent child abuse in all forms through programs, services, public awareness, education, public policy development and system partner collaboration.” Use this website to learn about PCAU programs and upcoming events.
Prevent Child Abuse Utah
2121 S. State St., Suite 202
Salt Lake City, UT 84115
(801) 532-3404
Find an Unlawful Adolescent Sexual Activity Defense Attorney in Salt Lake City, UT
Do you think your child could be under investigation or was he or she already arrested for an alleged sex crime in Utah? Try not to make any statement to authorities until you can first contact Susanne Gustin Attorney at Law.
Susanne Gustin is an experienced criminal defense lawyer in Salt Lake City who represents individuals in locations all over Weber County and Salt Lake County. Call (801) 243-2814 or complete an online contact form to have our attorney review your case and discuss all of your legal options during a free, confidential consultation.