Salt Lake Criminal Defense Attorney - Clayton Simms

new_clayton_about A criminal charge, whether it is a felony or misdemeanor, can be a life changing event. Clayton Simms is a fierce advocate for people who have been charged with misdemeanor and felony offenses. He represents clients who are facing charges in Salt Lake City and Greater Salt Lake County. In addition, he also represents clients along the Wasatch front. Clayton Simms represents defendants in other crimes Clayton has represented athletes, doctors, lawyers, and other notable people and has been featured on the news. Do you have a legal question? Contact Clayton Simms today!

Strange Utah Laws

Many of the so-called strange Utah laws touted about online turned out to be either outdated or non-existent, however the following were found to be valid laws.

Whale hunting

strange utah laws

Photo by: Issac Kohane

It is illegal to hunt whales in Utah. This is one of the strange Utah laws that is true in a sense, but only on a national level. According to the National Oceanic and Atmospheric Administration (NOAA) text of the Marine Mammal Protection Act (MMPA) section 102 (2)(f) “It is unlawful for any person or vessel or other conveyance to take any species of whale incident to commercial whaling in waters subject to the jurisdiction of the United States”. Luckily no body of water in Utah contains any species of whale so breaking this law isn’t likely to happen.

Selling alcohol in an emergency

It is illegal to sell alcohol in an emergency. If a state of emergency is ever declared in Utah, you may want to think twice about running to the store for your favorite brand of alcohol. Legally, alcohol venders may not be able to sell you any but it all depends on whether or not the governor says it’s okay. Utah Code 32B-4-407 states “During a period of emergency proclaimed by the governor to exist in an area of the state, it is unlawful for a person to sell, offer for sale, or furnish an alcoholic product in that area if the director publicly announces and directs that in that area a person may not sell, offer for sale, or furnish an alcoholic product in that area during the period of emergency.”

Marrying family members

Photo by: Evan Forester

Photo by: Evan Forester

It is illegal to marry a close family member or have sexual relations with them. As disturbing as this is, the state of Utah felt the need to cover topics related to marriage or incest multiple times throughout the Utah Code. Section 30-1-1 states “The following marriages are incestuous and void from the beginning, whether the relationship is legitimate or illegitimate:
(a) marriages between parents and children;
(b) marriages between ancestors and descendants of every degree;
(c) marriages between brothers and sisters of the half as well as the whole blood;
(d) marriages between uncles and nieces or aunts and nephews;
(e) marriages between first cousins, [unless] both parties are 65 years of age or older; or if both parties are 55 years of age or older [and] either party is unable to reproduce.”
While Utah Code 30-1-1 fails to mention criminal charges for incestuous marriages, section 76-7-102 adds that incest (regardless of marriage) is in fact a third degree felony.

Large containers of beer prohibited

Another weird law pertaining to alcohol: only retailers are allowed to possess containers of beer larger than two liters. Long -time residents of Utah may be familiar with this law, but those new to the area may wonder why police always break up parties where kegs of beer are located. Utah Code 32B-4-406 (1) (b) states “a person may not purchase or possess beer in a container that exceeds two liters.” The only exception for buying or possessing large containers of beer is when it is between licensed alcohol retailers.

Ultimate fighting

Photo by: Eric Molina

Photo by: Eric Molina

No biting during ultimate fighting matches. Surprisingly, Utah actually allows ultimate fighting matches to begin with but no, biting is not allowed. Neither is “direct, intentional, and forceful strikes to the eyes, groin area, adam’s apple area of the neck, and temple area of the head” according to Utah Code 76-9-705. Additionally “using anything that is not part of the human body, except for boxing gloves, to intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion of a projectile” and “striking a person who demonstrates an inability to protect himself from the advances of an opponent” are prohibited.

Consult attorney about strange Utah laws

If you are ever unsure about strange Utah laws it is best to consult with an attorney to ensure there any action you take will not have a threat of criminal charges. If you have already been charged with a crime, contact a criminal defense attorney immediately.

Obtain Consent before Leaving Animal Remains on Someone Else’s Land

As many Utahn’s head to the hills during the next couple weeks for to enjoy hunting season it is important for them to obtain consent if planning on leaving any animal remains on someone else’s land.

Fall break A.K.A. hunting season

Photo by: M&R Glasgow

Photo by: M&R Glasgow

Fall break or fall recess commences this week in Washington County, Utah with other counties throughout the state following suit in the next couple of weeks. Some Utah residents choose this time of cooler temperatures to enjoy the outdoors hiking and while others save this vacation strictly for hunting season. For many Utah families, hunting during fall break is a long-held tradition.

Hunting on private land

There is an abundance of public area such as designated BLM land that is open for licensed hunters during the season, yet some would rather go on less popular, privately owned property. The Utah Division of Wildlife Resources has worked out paid agreements with some landowners to allow the public to hunt on their land. According to DWR, “Walk-In-Access (WIA) area is a tract of private land on which the Division of Wildlife Resources has leased hunting, trapping or fishing privileges for public recreation.”

Hunting etiquette- clean up animal remains

Disposing of Animal Remains on Private Land

Photo by: Peter O’Connor aka anemoneprojectors

When hunting on private property, it is important to exhibit proper hunting etiquette by staying in designated areas, not using motor vehicles is prohibited, and cleaning up all animal remains after processing. It is possible to obtain consent before leaving animal remains on site however. Some landowners will agree to let the animal remains stay in the field where scavengers such as vultures will finish off the remains. Others will agree to let the animal remains stay on site as long as they are buried properly.

Criminal charges

Failure to obtain consent from the landowner before leaving animal remains on their property is a violation of Utah Code 4-3-103 and can result in an infraction. For more information and laws regarding hunting in Utah, contact the Utah Division of Wildlife Resources. For legal assistance regarding criminal charges contact a defense attorney.

Nothing Funny about Clowns Who Make Violent Threats toward Schools

Clowns can either be frightening or humorous but most everyone agrees there is nothing funny about them when violent threats toward schools are made. As disturbing as it may be, are any laws actually being broken?

Common fear

violent threats by clowns

Photo by: taymtaym

Being afraid of clowns is a very common fear, with numerous kids and adults sharing a mutual apprehension about the wigged entertainers with painted faces and tricks up their sleeves. The term for this phobia is Coulrophobia, meaning an abnormal fear of clowns. Several horror-based books and movies play on this phobia as well as many haunted houses which just so happen to be increasing in popularity this time of year. Although many people poke fun or crack jokes regarding this fear of clowns, it stops being comical for everyone when the public actually fears for their safety.

The clown epidemic

In August, there were reports of a clown who was trying to lure children into a wooded area near an apartment complex in Greenville, South Carolina. Following this incident, other disturbing clown sightings started popping up around the nation, including here in Utah in cities from Ogden down to St. George. Most instances are nothing more than clowns in abnormal locations or settings who stare at people creepily, making bystanders nervous. Other instances however have taken it too far by making violent threats directed toward Utah schools.

Violent threats lead to school lock downs

So far none of the violent threats to schools have turned into any dangerous situations. Regardless however, schools and law enforcement have to follow certain protocols in the event of violent threats toward the kids at school. Part of this protocol involves putting the threatened schools on lock down. This causes undue stress for the teachers, students, and parents. It can also end in criminal charges for those clowns involved.

Clown crimes

Photo by: William Gray

Photo by: William Gray

While many clown acts can appear so corny a person might wish they were outlawed, there is nothing wrong or illegal with dressing like a circus performer. Seeing a random clown on the street may seem bizarre if it is not yet Halloween or the person isn’t headed to a child’s birthday party, but there isn’t anything illegal about the person simply dressing “differently”. As long as the person isn’t breaking any laws, they are free to dress in whatever clothes they desire with their face painted as colorful as they wish. If a clown decides to chase children or make violent threats towards a school, that is a different story. Those actions will result in criminal charges such as:

Disorderly conduct. A person dressed up as a clown is allowed to stand or walk along a street just as any other resident is but if they chase after kids they can be arrested for disorderly conduct, a class C misdemeanor. In this regards, disorderly conduct is defined by Utah Code 76-9-102 as “intending to cause public inconvenience, annoyance, or alarm, ( . . . ) the person: engages in ( . . . ) threatening behavior.” Kids or adults with or without a clown phobia would most likely feel threatened if they were randomly chased by a scary clown.

Stalking. If a clown chooses to target a person by repeatedly either following them, showing up at their home or work, or otherwise as Utah Code 76-5-106.5 states: “intentionally or knowingly engag[ing] in a course of conduct directed a specific person and knows or should know that the course of conduct would cause a reasonable person: to fear for the person’s own safety ( . . . ) or to suffer other emotional duress”, they can be arrested for stalking, a class A misdemeanor.

Making violent threats. One of the most disturbing things being done by these creepy clowns is the numerous violent threats towards schools across the country. Many of these threats to schools are being made anonymously through social media which thanks to the internet is quickly spreads to students, teachers, and parents, causing widespread panic as well as using up valuable law enforcement resources. Utah Code 76-5-107 warns that if a person “commits a threat of violence [by] the person threaten[ing] to commit any offense involving bodily injury, death, or substantial property damage, ( . . . ), it is a class B misdemeanor” whether or not the threat was expressed or implied. If that person or clown makes a threat of using a weapon of mass destruction, that can be seen as a terrorist threat.

Dangerous for all involved

Photo by: Steven Sanchez

Photo by: Steven Sanchez

While some may see these clown pranks as amusing, it is causing residents to fear for their safety while possibly increasing the danger for those dressed as clowns. The public has already expressed a desire to use force against any clown that makes them feel threatened. With a large majority of the Utah population having concealed carry permits, this may prove a danger for all clowns on Utah streets. The clown pranksters are encouraged for their own safety to refrain from further threatening behavior or plan on seeking legal counsel if caught.