Archive for the ‘Utah Legal Definition’ Category

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Criminal Defamation in Utah

Feb
01
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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A former Naples (Uintah County) police chief has been charged with criminal defamation in Uintah County Justice Court. Criminal defamation is a class B misdemeanor. Steven Guibord allegedly posted derogatory comments under the name of the current Naples police chief, Mark Watkins, on web pages concerning two Border Patrol agents.

Photo: Danijel Zivkovic

The two Border Patrol agents were killed in the line of duty in May 2011. Memorial web pages were set up in each officer’s name, and Guibord made online comments supposedly referring to the agents as “security officers,” something that law enforcement members consider offensive.

The criminal defamation charge was made because the comments were attributed to Watkins, but the memorial website controllers were able to track down the internet provider (IP) address used by the person who submitted the comments. The IP address was tracked to a laptop provided to Guibord by his employer at the time.

According to the Utah Code, criminal defamation occurs when someone communicates to any person verbally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt or ridicule.

In other words, if you knowingly tell a lie about “Sue” to “John” and John tells others and Sue is publicly ridiculed, you would likely be guilty of criminal defamation and could be subject to any legal penalties. The penalty for a class B misdemeanor could be up to six months in jail.

If you are charged with criminal defamation or any other crime it’s time to call a Utah criminal defense attorney. Don’t assume you will be easily cleared of any charges; the prosecution’s job is to do their best to see you convicted. Take the time to contact an attorney with a vast knowledge of criminal law and experience—both in and out of the courtroom. If your reputation and freedom are at stake, call a qualified Utah criminal defense attorney today.

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Utah Criminal Law Definition: Hoax Weapon of Mass Destruction

Jan
27
Clayton Simms, Criminal Defense Attorney, on the topic of  Utah Legal Definition
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In Utah, the manufacture, sale, use or attempted use of a hoax weapon of mass destruction is a 2nd degree Felony punishable up to 15 years in the Utah State Prison (Utah Code Ann. 76-10-403).

Any person who without lawful authority intentionally or knowingly manufactures, possesses, sells, delivers, displays, uses, attempts to use, solicits the use of, or conspires to use a hoax weapon of mass destruction with the intent to deceive or otherwise mislead another person into believing that the hoax weapon of mass destruction is a weapon of mass destruction is guilty of a second degree felony.

Although, it appears that the Utah Code fails to define “weapon of mass destruction”. “Weapon of Mass Destruction” is generally defined as a weapon that can kill and bring significant harm to a large number of humans (and other life forms like you cat or dog) and/or cause great damage to man-made structures (e.g. your home, office building or school or natural structures (e.g. mountains). The scope and application of the term has evolved and been disputed, often signifying more politically than technically. Coined in reference to aerial bombing with chemical explosives, it has come to distinguish large-scale weaponry of other technologies, such as chemical, biological, radiological, or nuclear.

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Sexual Exploitation in Utah

Dec
02
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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When you view pornography involving a child or vulnerable adult, you are guilty of sexual exploitation in Utah. A Utah man is currently being investigated for allegedly viewing child pornography while on a recent flight from Salt Lake City to Boston. He pled not guilty to the charge while Utah investigators have, with a search warrant, been busy seizing property from his home.

What Constitutes Sexual Exploitation?

Photo: Salvor

A person is guilty of sexual exploitation of a minor if he engages in the following aspects of child pornography:

• Produces pornography involving children
• Possesses child pornography
• Possesses such pornography with the intent to distribute
• Distributes or
• Views child pornography

Additionally, if a parent or legal guardian knowingly allows or agrees to their child’s participation in pornography, that person will be guilty of sexual exploitation of a minor.

The Legal Consequences of Sexual Exploitation

Sexual exploitation of a minor is a second-degree felony. For example, if a person was to purposefully view child pornography pictures and there were three children in one picture, that person could be charged with three separate second-degree felonies. If the individual viewed different pictures involving the same child, every picture of the same child could result in a second-degree felony charge.

Sexual exploitation of a vulnerable adult is very similar to that of a child. A person is considered to be a vulnerable adult if he lacks the capacity to consent to participation in pornography. The charge for sexually exploiting a vulnerable adult is a third-degree felony.

Utah law also specifies that a person accused of sexual exploitation cannot use as a defense that they didn’t know the age of the victim.

If you find yourself in a legal jam, don’t wait to hire an attorney. Remember that a good Utah criminal defense attorney won’t judge you. His goal is to provide you with the best defense possible regardless of the charges against you. Do yourself a favor and call a criminal defense attorney right away.

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Metabolizing Drugs in System Not Enough In Utah for Possession/Use Conviction

Nov
09
Utah Attorney, Brooke Winters, on the topic of  Criminal Defense Misc, Drugs in Utah, Evidence, Utah Law, Utah Legal Definition
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In order to be convicted of possession or use of a controlled substance in Utah there must be proof of actual possession or introduction of the controlled substance into the body. Utah Code section 58-37-2(1)(dd), which defines terms used in the Utah Controlled Substance Act, includes “consumption” of a controlled substance within its definition of “use.” However that “consumption” must have occurred within the state of Utah in order to establish jurisdiction. The mere presence of a controlled substance present in the blood stream is not conclusive proof that the substance was consumed in Utah therefore jurisdiction fails.

In a 2005 case, the Utah Court of Appeals reversed a conviction where the state’s evidence in support of the possession or use charge was based solely on evidence which detected the presence of a controlled substance in the blood stream. State v. Ireland, UT App 22.

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Do Not Fight With Police in Utah

Nov
07
Utah Attorney, Brooke Winters, on the topic of  Crimes, Criminal Defense Misc, Dealing with Police, Utah Law, Utah Legal Definition
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It may come as a surprise to you that it is illegal to interfere with police during a detention or arrest even if that detention or arrest is later determined to be unlawful.
Under 76-8-305, a person is guilty of a class B misdemeanor if he has knowledge, or by the exercise of reasonable care should have knowledge, that a peace officer is seeking to effect a lawful arrest or detention of that person or another and interferes with the arrest or detention by:
(1) use of force or any weapon;
(2) the arrested person’s refusal to perform any act required by lawful order:
(a) necessary to effect the arrest or detention; and
(b) made by a peace officer involved in the arrest or detention; or
(3) the arrested person’s or another person’s refusal to refrain from performing any act that would impede the arrest or detention.

The use of the word “lawful” in section 76-8-305 does not have any bearing on the detained person’s actual guilt and therefore is not determinative of whether someone is guilty of interfering with a peace officer as defined above. “So long as the officer is acting within the scope of his or her authority and the detention or arrest has the indicia of being lawful, a person can be guilty of interfering with a peace officer even when the arrest or detention is later determined to be unlawful.” American Fork City v. Pena-Flores, P.3d 698 (Utah 2000).

This means that in the event you come across someone being detained or arrested by police or maybe you are the subject of the detention or arrest you can not interfere with such detention or arrest by either refusing to cooperate or telling others they do not have to cooperate with lawful orders given by police. If you do so you could be charged with interfering with arresting officer and face up to 6 months in jail and a fine.

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Identity Fraud in Utah

Oct
20
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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Thanks to the digital age, the fear of identity fraud in Utah has generated a whole new industry. There are companies that specialize in protecting your credit, restoring your credit, and helping clean up the mess that the theft of your identity can leave behind.

Responding to evolving technology and public concerns about identity theft, the Utah legislature crafted an expansive law that criminalizes the misuse of someone’s personally identifying information.

The law goes beyond merely forbidding the use of someone’s identity to obtain credit. For example, if you use someone else’s personal information to obtain employment and you earn more than $5,000, it could be a second degree felony.

Or, if you use a person’s personal information to obtain their medical information, it could be a third degree felony.

Or, if you use someone else’s identity to sign up for cable TV, or internet service, or cell service, it could be a second or third degree felony.

So what does the law consider to be off-limits personal information? Besides obvious things such as name, birth date, address, telephone numbers, drivers license number, and Social Security number, it is illegal to misuse someone’s:

• Place of employment;

• Mother’s maiden name;

• Employee ID numbers;

• Electronic signature numbers; and

• Any other numbers used to access financial resources or medical information.

Authorities are bringing extra resources to the fight against identity theft. The United States Attorney’ s Office and the Utah Attorney General’s Office both have investigation, prevention, and prosecution programs focusing on identity fraud.

As a result, anyone finding themselves the focus of an identity theft investigation should immediately seek competent legal advice. The stakes are high and the issues are complicated. Don’t make things worse by procrastinating your decision to get smart help.

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Possible Pleas in Utah

Oct
11
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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When it comes to entering a plea in a criminal case in Utah, there are more options than just guilty or not guilty. A Utah criminal defense attorney can give you the best advice about what type of plea is appropriate for your particular circumstances.

Five Kinds of Pleas

Photo: Ged Carroll

There are five types of pleas:

• Guilty;
• Not guilty;
• No contest;
• Not guilty by reason of insanity; or
• Guilty with a mental illness at the time of the offense.

Effects of Each Plea

Every plea that is entered will be recorded with the court and have its own effect.

• A plea of guilty is an acknowledgment that the accused is guilty of the offense charged.
• A plea of not guilty means that the accused is denying any guilt in the offense charged and puts in issue every material allegation of the information or indictment.
• A plea of no contest means that the accused does not challenge the charges. If the court accepts the no contest plea, it will have the same effect as a plea of guilty and any sentence may be given as if a guilty plea had been entered. The court will only accept a no contest plea after looking at the entire situation and the interest of the public in the case.

If a defendant is entering a plea in a felony case, he must do so in open court where the proceedings can be recorded. When a defendant does not enter a plea on his own behalf, the court automatically enters a plea of not guilty for him.

Withdrawing a Plea

• A not guilty plea may be withdrawn at any time prior to a person’s conviction.
• A plea of guilty or no contest may be withdrawn only when granted by the court and a showing that it was not knowingly and voluntarily made.
• A request to withdraw a plea of guilty or no contest, except for a plea held in abeyance, shall be made by motion before sentence is announced. Sentence may not be announced unless the motion is denied. For a plea held in abeyance, a motion to withdraw the plea shall be made within 30 days of pleading guilty or no contest.

As stated earlier, your Utah criminal defense attorney is the right person to advise you on entering any plea in a Utah court. This is a time when you need to rely on the expertise of a qualified attorney who understands Utah criminal law.

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Utah Laws Against Abuse or Neglect of Children with Disabilities

Jul
19
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Legal Definition
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Abuse takes place all over Utah and comes in many forms. Unfortunately, sometimes abuse and neglect  happen to children, even children with disabilities. Utah law defines abuse of a child with a disability as:

  • inflicting physical injury;
  • while having the care and custody of a child with a disability, causing or allowing another to inflict physical injury; or
  • unreasonable confinement.

Neglect is defined as failure to provide care, shelter, clothing, nutrition, supervision or medical care. A caretaker of a child with a disability is a parent, legal guardian or another person with custody over that child. Any caretaker in Utah who knowingly, willingly or intentionally abuses or neglects a child with a disability may find themselves charged with a third-degree felony. Third-degree felonies are punishable by up to five years in prison.

The law also states that a parent or legal guardian who provides a child with treatment through spiritual means alone through prayer, in lieu of medical treatment, in accordance with the beliefs and practices of an established church or religious denomination, shall not—for that reason alone—be considered to be in violation of this law. However, a court may order a licensed physician to provide medical care to a child with a disability if there is evidence that the child’s health or welfare is at extreme risk.

Also, a caretaker does have the right to select a method of care that they reasonably believe would be in the best interest of the child with a disability.

Any person who has been in charge of a child knows how stressful that task can be. Sometimes people make mistakes when acting under extreme strain. If you are faced with criminal charges in connection with an alleged case of child abuse or neglect, don’t leave your circumstances to chance. Contact a reputable Utah criminal defense attorney today who can argue your case for you.

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Pyramid Schemes In Utah

Jun
27
Utah Criminal Defense Blog, on the topic of  Crimes, Utah Legal Definition
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With all the multi-level marketing businesses in Utah, you may wonder what the difference is between those businesses and pyramid schemes. Multi-level marketing, also called network marketing, is a method of direct selling where independent agents distribute goods or services and are encouraged to build their own sales force. These agents receive money based on their own sales and the sales of any member of their team. Multi-level marketing is generally not illegal.

Photo: M Glasgow

Pyramid schemes, on the other hand, are illegal in Utah. Pyramid schemes occur when a person receives compensation—money—which comes mainly from the introduction of other people into the sales plan, instead of from the sale of goods or services.

Any person who knowingly organizes, establishes, promotes or administers a pyramid scheme is guilty of a third degree felony. Third degree felonies can send a person to prison for up to five years.

Any person who participates in a pyramid scheme only by receiving compensation for the introduction of other persons into the pyramid scheme rather than from the sale of goods, services or other property is guilty of a class B misdemeanor. Class B misdemeanors carry a potential jail sentence of up to six months.

It’s important to know the difference between multi-level marketing and pyramid schemes, particularly in the event someone introduces you to their “opportunity.” Make certain you ask plenty of questions and do your own research into any business venture before you get involved. Don’t forget that if you’re already involved in a venture that turned out to be a pyramid scheme, get a Utah criminal defense attorney who can represent you in any criminal matter.

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Stay Away From Dog Fighting in Utah

Jun
03
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Legal Definition
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You may remember the widely-publicized story about the NFL quarterback who spent time in jail for his involvement in illegal dog fighting. If you’ve been thinking about taking part in any kind of dog fighting exhibition in Utah, you might want to reconsider attending or promoting such an event.

Photo: Daniel X. O'Neil

The following are illegal in this state:

  • Owning, keeping or training a dog for the purposes of dog fighting exhibitions,
  • Causing a dog to fight with another dog for amusement or gain,
  • Attaching a dog to a power-propelled machine or device for the express purpose of being chased by another dog, or
  • Permitting or allowing the above to take place on premises under your charge.

A person who is caught doing any of these things will be charged with a third degree felony and can be fined up to $25,000.

Attending a dog fighting exhibition isn’t looked kindly upon, either. The law states that any person who is knowingly present as a spectator anywhere preparations are being made for such an event or an actual dog fighting exhibition is taking place, regardless of whether there is an entrance fee or not, is guilty of a class B misdemeanor.

As exciting as dog fighting may seem, it’s much better to stick to viewing legal forms of fighting. If you really want to watch participants hurt each other, check out a boxing match or a nice Sunday afternoon football game. You will still get to see plenty of hitting and punching and, if you’re lucky, maybe the occasional slamming someone into unconsciousness. If you’ve already made the mistake of being in the wrong place at the wrong time and you got caught, don’t compound your problems by waiting to contact a Utah criminal defense attorney.

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