What Can Expect If Charged With A Sex Crime?
Sexually based charges carry extremely serious sentencing requirements that – if you are convicted – can upend your life. An experienced Utah sex crime defense attorney, however, can help. In the State of Utah, there are 29 sex offenses that are considered criminal offenses. Each offense can carry a harsh sentence, and 25 of them trigger registration in the Utah Sex Offender Registry, read more about the registry here. If you are facing a sex crime charge, it is time to consider consulting with an experienced criminal defense attorney who has successfully defended clients facing sex crime charges. The dire consequences of a conviction make it important to work closely with an experienced sex offense attorney at Conyers & Nix.
What Are Utah Sex Crime Charges?
Utah treats sex crimes very seriously. Consequently, Utah has high incarceration rates for those charged and convicted of sex crimes. There are many sex crimes that one may be charged with where serious enhancements apply. Some examples of common sex crimes include:
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- Object Rape
- Sexual Abuse of a Minor
- Forcible Sexual Abuse
- Incest
- Sexual Exploitation of a Minor (i.e., Child Pornography)
- Indecent Liberties
- Lewdness
When sex crime charges involve children, sentencing is even harsher. Such charges include:
- Unlawful Sexual Activity with a Minor
- Sexual Abuse of a Minor
- Unlawful Sexual Conduct with a 16- or 17-Year-Old
- Unlawful Adolescent Sexual Activity
- Rape of a Child
- Object Rape of a Child
- Sodomy on a Child
- Sexual Abuse of a Child
Utah is one of only 13 states in which the age of consent is 18.
What Is Common Sentencing for a Utah Sex Crime?
The most serious consequence is a lengthy jail or prison sentence—meaning months or years behind bars. In addition to fines of up to $10,000, sentences for sex crime convictions in Utah are especially harsh.
Rape
Rape is the act of having sexual intercourse with someone without consent. Rape, as defined in Utah Code, is a first-degree felony that carries the potential penalty of five years to life in prison. If the accused seriously injured someone during the crime, or has a prior sexually-based conviction, or the victim has not yet reached the age of 18, the sentence can be increased to 15 years to life in prison. If the prior conviction is for a serious sex crime, the penalty can be elevated to life without parole.
Rape of a Child
Rape of a child (who is 13 years old or younger) is considered a first-degree felony, and a conviction carries a sentence of 25 years to life in prison. This sentence can be increased to life in prison without parole if the accused has a prior conviction for a sexually based crime or seriously injured someone during the crime.
Object Rape, Object Rape of a Child, and Forcible Sodomy
The charges of object rape, object rape of a child, and forcible sodomy are all first-degree felonies; convictions carry the same sentencing consequences as rape convictions.
Forcible Sexual Abuse
The charge of forcible sexual abuse is a second-degree felony, and a conviction carries a sentence that can range from 1 to 15 years in prison. If the accused seriously injured someone in the commission of the crime, the sentencing requirements are increased to 15 years to life in prison.
What Are Aggravating Factors in a Utah Sex Crime Charge?
It is important to note: if the charges involve a “child” (who is 13 or younger), a “minor” (who is either 14 or 15), or someone who has not yet reached the age of consent (18) – the sentencing requirements are increased. Additional aggravating factors that can increase sentencing requirements include:
- Threatening with the use of a dangerous weapon or using a dangerous weapon during the crime;
- Compelling the victim to submit by threatening to kidnap, kill, or cause imminent serious bodily harm (or psychological injury) – or by actually kidnapping and/or seriously injuring the victim in the crime’s commission;
- Being aided/helped by one or more people in the commission of the crime; and/or
- Holding a position of trust over the young victim (such as being a teacher, volunteer at the victim’s school, babysitter, or church leader).
What is the Utah Sex Offender Registry?
In addition to hefty sentencing requirements, there is also the Utah Sex Offender Registry to consider – and the profound social consequences it entails. If you are required to register, the following will apply:
- You will be required to register with the Utah Department of Corrections twice a year;
- You will be required to notify law enforcement every time you move, change jobs, drive a new car, or leave the state;
- Law enforcement may alert the community if you relocate, and the public will have access to your sex offender status.
The following sex offenses require registry for 10 years after the completion of one’s sentence:
- Unlawful Sexual Activity with a Minor
- Unlawful Sexual Conduct with a 16- or 17-Year Old
- Sexual Abuse of a Minor
- Custodial Sexual Relations with an Underage Victim
- Sexual Exploitation of a Vulnerable Adult
- Voyeurism
- Four Sexual Battery convictions
- Four convictions of lewdness
- Lewdness involving a child
- Soliciting, attempting, or conspiring to commit any of the felony offenses listed above
A conviction on any of the following charges can lead to registry for life:
- Rape
- Rape of a Child
- Aggravated Sexual Assault
- Sexual Abuse of a Child or Aggravated Sexual Abuse of a Child
- Object Rape
- Object Rape of a Child
- Forcible Sodomy
- Sodomy on a Child
- Sexual Exploitation of a Minor
- Enticing a Minor Over the Internet
- Aggravated Exploitation of Prostitution
Our Victories
read more victoriesSeek the Professional Legal Counsel of an Experienced Salt Lake City Sex Crime Defense Attorney
At Conyers & Nix, we recognize how difficult it is to face a sexually based charge, and we dedicate our practice to helping clients like you move forward with defense strategies that ensure your legal rights remain protected. Our criminal defense team has an impressive range of experience successfully defending those accused of sex crimes, which includes working as public defenders where we took on large numbers of these difficult cases. Please contact our team to learn more about how we can help ensure that you understand all of your legal options during this difficult time.