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!

Reduction in Opioid-Related Deaths in States with Legalized Marijuana

As Utah continues to hold the leash tight on legalizing marijuana, other states who have sanctioned this “gate-way” drug are reporting a reduction in opioid-related deaths and overall opioid use.

Relief from chronic pain

Photo by: Jorge Gonzalez

Many addicts that abuse opioids, whether through pill form or through substances such as heroin start off with a prescription written out by a caring medical practitioner. These prescriptions are often given to relieve chronic pain as a result of injuries or medical conditions. The National Institutes of Health states: “more than 25 million Americans suffer from daily chronic pain.” NIH adds that “[m]ore than 2 million Americans have OUD [opioid use disorder]. Millions more misuse opioids, taking opioid medications longer or in higher doses than prescribed.” What begins as a way to manage pain or other ailments however can quickly spiral into a lifelong dependency on opioids that is often dangerously supported using street drugs or illegally acquired pills when prescriptions are no longer being filled.

Safer alternative to pain pills

In a country that lost over 20,000 citizens to opioid related deaths in 2016 according to NIH, there has to be safer alternatives to help individuals manage chronic pain and other debilitating conditions. According to an article published by the US National Library of Medicine National Institutes of Health, there has been a notable decrease in opioid-related deaths in Colorado consequent of the legalization of recreational cannabis. The report which uses the state of Colorado to draw its association said: “Colorado’s legalization of recreational cannabis sales and use resulted in a 0.7 deaths per month . . . reduction in opioid-related deaths. This reduction represents a reversal of the upward trend in opioid-related deaths in Colorado.”

Decreasing opioid dependency

Photo by: Mark

While the US National Library of Medicine plans on analyzing data from other states, other research groups have already done so in regards to overall opioid use in marijuana-friendly states. These reports have all shown that in states where marijuana is legal for recreational or at least medicinal use, there has been a definite decrease in opioid abuse. One of the studies showed a 4% decrease in opioids beings prescribed for those covered under federal and state health insurance programs in states that had lenient marijuana laws. This percentage decrease did not include those covered under private insurance. When patients seek help from doctors to manage chronic pain and other conditions, doctors in marijuana-friendly states now have another alternative to offer their patients. Doctors can either write patients a prescription for dangerously addicting opioids or direct their patients to the nearest marijuana dispensary. Many medical practitioners whose life’s goals are to help people are now choosing marijuana as a safer alternative to prescription opioids when helping their patients with their ailments.

Utah, bringing up the rear

The Utah Department of Health stated: “From 2013 to 2015, Utah ranked 7th highest in the nation for drug overdose deaths.” They also noted that “in 2015, 24 individuals (residents and non-residents) died every month from a prescription opioid overdose in Utah.” In a state that is plagued by the opioid epidemic, why has Utah been dragging their feet with marijuana laws? While some may see the problem with allowing the plant to be used recreationally, there is minimal logic to support why medical use of marijuana has not yet been openly approved in Utah. Fortunately, there are small steps being made with allowing medical marijuana use in Utah. The Utah Medical Marijuana Initiative was passed by the senate earlier this year and will be on the ballot in November. If enough Utah residents vote “yes” on the initiative, patients with a qualifying illness or chronic pain can be issued a medical cannabis card, allowing them to obtain medical marijuana to manage their illnesses instead of using harmful opioids. Hopefully then will Utah finally be able to see a reduction in opioid-related deaths among its residents.

Voyeurism Charges Pending for Man that Took Pictures under Women’s Skirt

A man in Utah was arrested for voyeurism after he was caught taking pictures under women’s skirts at City Creek Mall in Salt Lake City.

Creeping with a cell phone

Photo by: Waldemar Merger

41 year old Stephen Grogan of New Jersey, who is in Utah doing training with the National Guard was arrested last week after he allegedly used the camera on his cell phone to take some pictures from under multiple women’s skirts at a clothing store in City Creek Mall. Witnesses reported that Grogan would pretend to shop for clothing in the women’s section of the store and when he would bend down to look at clothes, he would snap a picture looking up under the skirts of nearby women. The husband of one of the women was able to use his cell phone to take a picture of Grogan which was used by authorities to locate and arrest him for suspicion of voyeurism.

Voyeurism

Utah Code 76-9-702.7 states “A person is guilty of voyeurism who intentionally uses any type of technology to secretly or surreptitiously record video of a person:

(a) For the purpose of viewing any portion of the individual’s body regarding which the individual has a reasonable expectation of privacy, whether or not that portion of the body is covered with clothing;

(b) Without the knowledge or consent of the individual; and

(c) Under circumstances in which the individual has a reasonable expectation of privacy.”

Criminal and military penalties

Voyeurism is punishable as a class A misdemeanor and if no technology is used, the penalty would then be a class B misdemeanor. Along with the civil penalties Grogan faces, he will also have to face additional penalties, demotions, or loss of clearance that could be handed down by the chain of command in his military unit.

Changes to Prostitution Laws

A prostitution sting took place last weekend in Salt Lake City on the heels of amendments to some prostitution laws. What has changed and how does it affect those arrested?

Salt Lake City prostitution sting

Photo by: Nils Hamerlinck

Salt Lake City police were out on the street last week in an attempt to disrupt the prostitution problem plaguing many parts of the city. Within four days, undercover officers posing as prostitutes or Johns were able to apprehend over 40 individuals. Will any of those arrested find stricter penalties due to recent changes to Utah law? In order to understand what laws regarding prostitution have changed it is important to know the legal terms of and who they apply to.

Prostitution

Prostitution is according to Utah Code 76-10-1302 when an individual:
• “engages, offers, or agrees to engage in any sexual activity with another individual for a fee, or the functional equivalent of a fee;
• takes steps in arranging a meeting through any form of advertising agreeing to meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee . . . ;
• Loiters in or within view of any public place for the purpose of being hired to engage sexual activity.”
Prostitution was and remains a class B misdemeanor yet as was evident in the sting this weekend, help is often offered to prostitutes in case they are sex trafficking victims or stuck in their employment out of fear from their employers.

Patronizing a prostitute

When someone is charged for prostitution, those charges are usually only for those acting as prostitutes, not the Johns paying for the illegal services. When a John or another individual:
• “pays or offers or agrees to pay a prostitute, or an individual the actor believes to be a prostitute, a fee, or the functional equivalent of a fee, for the purpose of engaging in an act of sexual activity or
• Enters or remains in a place of prostitution for the purpose of engaging in sexual activity”
that person would be guilty of patronizing a prostitute, a class A misdemeanor. The charges for patronizing a prostitute haven’t changed since they were increased last year, however the wording for patronizing, exploiting, or aiding a prostitute have been adjusted. Now the guilty party only has to believe the other party is a prostitute in order to face those specific charges.

Sexual solicitation

While still covered under Part 13 of Utah Criminal Code defining aspects of prostitution, sexual solicitation differs slightly from prostitution or patronizing a prostitute. Sexual solicitation occurs when an individual:
• “offers or agrees to commit any sexual activity with another individual for a fee, or the equivalent of a fee;
• Pays of offers or agrees to pay a fee or the functional equivalent of a fee to another individual to commit any sexual activity; or
• With intent to engage in sexual activity for a fee or to pay another individual to commit any sexual activity for a fee . . . or to pay another individual to commit any sexual activity for a fee . . . engages in, offers or agrees to engage in, or requests or directs another to engage in any of the following acts:
o exposure of an individual’s genitals, the buttocks, the anus, the pubic area, or the female breast below the top of the areola;
o masturbation;
o touching of an individual’s genitals, the buttocks, the anus, the pubic area, or the female breast; or
o any act of lewdness.”
Sexual solicitation is different from patronizing a prostitute as those who patronize a prostitute know or believe they are making a deal with a prostitute, not just some random person. Sexual solicitation may also consist of lewd acts leading up to paid sexual favors. Until last month, sexual solicitation was a class B misdemeanor yet penalties were recently increased to a class A misdemeanor, matching the penalties for patronizing a prostitute. Additionally, those facing three or more charges of sexual solicitation will now face a third degree felony.

Legal help on tougher charges

As prostitution laws continue to toughen, those arrested may be surprised by the increased severity of their charges. For more information on prostitution laws or for legal help regarding charges, consult with a criminal defense attorney.