Strict Probation for Utah Sex Offenders

Sex offenders in Utah are required to abide by a strict probationary program until their name is removed from the sex offender registry.

Ten years to life

Photo by: West Midlands Police

Photo by: West Midlands Police

Regardless of the severity of the offense, those who make the registry of sex offenders can expect to stay on that list for at least ten years. The Utah Department of Corrections states that those persons who are convicted of the following crimes will be on the registry of sex offenders for ten years after they are done with their jail or prison time:

“1. Kidnapping
2. Voyeurism
3. Unlawful Sexual Activity with a Minor
4. Unlawful Sexual Conduct with a 16 or 17 Year Old
5. Forcible Sexual Abuse
6. Incest
7. Lewdness (4 convictions required for registration)
8. Sexual Battery (4 convictions required for registration)
9. Lewdness Involving a Child
10. Aggravated Human Trafficking
11. Custodial Sexual Relations (if victim was under 18 years of age)
12. Sexual Exploitation of a Vulnerable Adult
13. Sexual abuse of a minor
14. Attempting, soliciting, or conspiring to commit any felony offense listed above (or in the “life” list below)”

Those found guilty of any crimes on this subsequent list, or those convicted more than once for any crimes on the above list, will be on the registry for sex offenders for the rest of their lives.

“1. Child Kidnapping
2. Aggravated Kidnapping
3. Enticing a Minor over the Internet
4. Rape
5. Rape of a Child
6. Object Rape
7. Object Rape of a Child
8. Forcible Sodomy
9. Sodomy on a Child
10. Sexual Abuse of a Child or Aggravated Sexual Abuse of a Child
11. Aggravated Sexual Assault
12. Sexual Exploitation of a Minor [child pornography]
13. Aggravated Exploitation of Prostitution”

According to this second list, after their sentencing is over, a person who was caught with child pornography is treated the same as someone convicted of rape of a child. While these two crimes seem hardly comparable to many, why does it matter if their name is registered? What does being on the sex offender registry entail?

More than a list of names

Photo by: micadew

Photo by: micadew

When someone is on the registry of sex offenders in Utah, not only is their name exposed for anyone looking through public records, they also have strict laws that they must follow as long as their name is on the registry, even for a lifetime. These laws include restricting:

Where they live. If sex offenders which to move, they must first get permission. This includes moving residences within the same city.
Where they work. Their choice of employment must also be approved by a parole officer.
Public places they frequent. Those convicted of offenses against minors may not be in any area where children meet. This can include: schools, parks, public pools, and even family get togethers.
Who they have contact with. The most obvious restriction regarding who sex offenders have contact with is the victims and their families. Additionally, those convicted of sexual offenses against children may not have contact with minors under the age of 18. This can include children of significant others.
Even how late at night they are allowed out in public. According to the UDC, when required, “[they] must enter into and successfully complete established progressive curfews, or electronic monitoring where available.”

Some of these restrictions can be altered slightly but only after a parole officer has given written permission.

Life changing

Being registered as a sex offender can dramatically change the way a person lives for the rest of their lives. Just as someone is on probation or parole, everything that sex offenders do and everywhere they go is restricted and documented. In fact, according to the UDC, “sex offenders are supervised even more closely and held to higher standards [than those facing probation and parole for other charges].” For those individuals who are facing charges of sexual offenses that could place them on the registry of sex offenders, contact a criminal defense attorney immediately.

Theft by Deception

Numerous individuals are skilled enough with their words to make others believe anything they say; however if they use this skill of trickery and lies to cheat another person, they could face charges of theft by deception.

Theft by deception

Photo by: David Goehring

Photo by: David Goehring

According to Utah Code 76-6-405 : “A person commits theft [by deception] if the person obtains or exercises control over the property of another person: by deception; and with a purpose to deprive the other person of the property.” Theft by deception only applies if the item has “pecuniary [monetary] significance.”

Semi honest ads

From a business’ point of view, theft by deception may appear legal seeing how the victim willingly hands over their money for an item or service. Most sales promotions, ads, and commercials made by businesses have exaggerated deals, which are usually excused as “puffing” or overstatements that wouldn’t fool the common Joe. However going overboard and outright lying about conditions or products may bring charges of theft by deception.

Taking advantage of gullible people

Theft by deception can be as simple as getting someone to believe that they have to give up an item or money. There are many people out there that will take another person on their word. Taking advantage of these overly trusting individuals and tricking them out of a belonging or funds is against the law. Utah Code 76-6-404 states, “A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.” When someone is tricked out of an item or funds, the party who made a fool of the victim was intentionally trying to “deprive him”, and therefore by law- committed theft.

Resist deceiving others

Theft by deception can carry different fines and penalties. The charges depend on the item involved, the amount (or worth), and whether or not this is a subsequent offense. With all these factors to consider, theft by deception could range from a class B misdemeanor to a 2nd degree felony. Any persons facing charges of theft by deception are encouraged to speak with a criminal defense attorney immediately.

Deadly Force Justified in Utah- Legally Defending Self and Home

The majority of states have laws in place that protect residents and homeowners if they ever need to use deadly force while defending their self or home. Since the laws differ from state to state, it is important for individuals to understand exactly what their rights are in their state if they feel threatened by another person.

Stand your ground



Many states including Utah have a law in place that allows a person to use deadly force to defend themselves against an attacker as long as they are someplace where they are legally allowed to be and not voluntarily in a relationship with the attacker. This is called a Stand Your Ground law. According to Utah Code 76-2-402, “A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person’s imminent use of unlawful force, or to prevent the commission of a forcible felony.”

Duty to Retreat

Photo by: bark

Photo by: bark

Other states that do not have Stand Your Ground laws may have a contrary rule called Duty to Retreat. While Utah doesn’t have Duty to Retreat laws presently, there is discussion about it in the future. Duty to Retreat laws require that individuals make an effort to leave a situation in which they feel in danger or threatened. If a person tries to retreat but is unable to get away successfully, then they are justified in using deadly force to keep themselves from being harmed. If the threatened individual makes it inside their own home, the laws again differ depending on what state they are in. Some states argue that a home is a “safe zone” and therefore once inside, the threatened individual cannot use deadly force to protect themselves. This is not the case in Utah, as they have laws to justify homeowners who use deadly force if they are threatened when at home.

Castle Doctrine

Photo by: Steam Pipe Trunk Distribution Venue

Photo by: Steam Pipe Trunk Distribution Venue

Castle laws, otherwise known as Castle Doctrine are laws that allow homeowners to protect their self and home from threatening individuals who are attempting to break into their residence. Utah has a version of castle doctrine in place called “force in defense of habitation”. There are stipulations about how and when this would apply however. Utah Code 76-2-405 states that a resident is justified in using deadly force when:
“He reasonably believes that the force is necessary to prevent or terminate the other’s unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:

(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or

(b) He reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.

(2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.”

Utah’s Castle Doctrine also applies to any building or structure that is attached to the property where someone may be inside such as a garage or a shed. Deadly force is not justified during the theft of personal property unless someone is inside that property and feels threatened such as a carjacking of a vehicle that is occupied.

Be informed about defense rights

Photo by: F Deventhal

Photo by: F Deventhal

It is important to study and be informed about rights regarding defending self or home. Therefore if the time ever came that an individual felt the need to use deadly force, they would feel confident in defending their actions. For those who are up-to-date about laws regarding when it’s acceptable to legally defend self or home, a criminal defense attorney would still be a wise addition to any criminal proceeding regarding justified use of deadly force.