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.

Utah Woman’s Self-Incriminating Information Leads to Charges of Sexual Exploitation of a Minor

A Cedar City Utah woman offered self-incriminating information to police which led to her arrest on charges of sexual exploitation of a minor. Her arrest came less than a month after her husband was arrested for similar charges.

Husband arrested first

Photo by: C.P.Storm

Photo by: C.P.Storm

32 year old Chad Ryan Huntsman of Cedar City Utah was arrested on September 3 after evidence surfaced that he had been downloading child pornography online. Police confiscated computers and smart phones from the Huntsman home where several hundred child pornography images were discovered. Mr. Huntsman was charges with sexual exploitation of a minor and aggravated child sexual abuse since some of the images found were of Huntsman with a child.

Wife joins husband in jail

Following her husband’s arrest for child abuse and child pornography, 26 year old Jessica Lynn Huntsman was speaking with investigators when she openly offered self-incriminating information. The information presented was how she would view the child pornography along with her husband. Once this statement was made, an investigation was opened on Mrs. Huntsman. Her phone was taken as evidence where a few images of child pornography were discovered. She was booked into Iron County Jail on charges on sexual exploitation of a minor.

Always have an attorney present

Regardless of whether or not there is evidence lurking out there that could put a person behind bars, it is always best to speak with investigators while being accompanied by an attorney. Although evidence was found showing Mrs. Huntsman had been involved in sexual exploitation of a minor, it isn’t uncommon for spouses to openly blame themselves for crimes committed by their significant other. This self-blaming can lead authorities to open an unnecessary investigation against a spouse, suspecting they are also guilty of a crime. A criminal defense attorney can help guide suspects and their spouses on how to best speak with authorities, especially when emotions are running high.

Child Pornography in Utah

Photo courtesy of Washington County Bookings Report

Photo courtesy of Washington County Bookings Report

A marine living in St. George, Utah was arrested Monday for possession of child pornography.  24 year old Richard Anthony Vidal turned himself in on Monday after returning from overseas to his home in St. George, Utah. A search of his home and electronics conducted earlier this year revealed numerous pictures and videos of sexually explicit acts being done to young children.  According to the Washington County Bookings report, he was charged with 5 counts of exploitation of a minor, each one a 2nd degree felony sexual offense.

Child pornography use on the rise

With the computer boom in the last 2 decades, there has also been a surge in child pornography viewing.  According to the Bureau of Justice Statistics, “the main sex exploitation offense referred to U.S. attorneys shifted from sex abuse (73%) in 1994 to child pornography (69%) in 2006.”  This jump in statistics over a 12 year period is explainable by the not hard to find or create illegal photos and videos being easily accessed and shared from personal computers, laptops, and smart phones.

Addictive as a drug

Fightthenewdrug.com, an online website dedicated to educate and cease the widespread use of pornography states “On the surface, cocaine and porn don’t seem to have a lot in common but studies are showing that viewing pornography tricks your brain into releasing the same pleasure chemicals that drugs do.” Just like any drug, pornography of any kind including child pornography can be highly addicting. What makes people choose to view child pornography originally isn’t always known. What is crystal clear is that once they view child pornography, it is very difficult for them to not view it again.

No one is immune

Photo by: andronicusmax

Photo by: andronicusmax

Those guilty in viewing and sharing child pornography don’t always fit the mold that society has created. Sure there may be jobless, friendless, sorry looking middle age guys living in their parent’s basement that dabble with child pornography, but child pornography addictions affect people from every walk of life.

  • As previously stated, there was the young United States Marine Richard Anthony Vidal. Vidal’s military lifestyle was probably not lacking on discipline and his free time was undoubtedly limited. Vidal will most likely be court marshaled and be given an unhonorable discharge from the Marine Corps.
  •  Grant D. Smith, a Utah college engineering professor was arrested a few years ago after a fellow passenger on a plane saw Smith viewing explicit images of young girls while in route to Boston from Salt Lake City. Not only did Smith lose his job at the University of Utah, he was put on 5 years of probation where he was not to be in contact with any children under 16 including his own, and he had to register as a sex offender.
  • 34 year old pediatrician Taylor Steven Jerman of Clearfield Utah was found to be in possession of child pornography on his home computers. If convicted of the 8 counts of sexual exploitation of a minor during his next hearing in August, he will likely lose his employment and possibly his medical license.
  •  Steven Powell, 65, grandfather to Charlie and Braden Powell who were killed in a murder suicide by their father Josh Powell, and father in law of Susan Powell who has been missing since 2009, was arrested on Monday for child pornography charges…again. Not only has he already lost 4 members of his family, he may serve half a decade of what’s left of his elderly life in prison.
  •  32 year old mother Monique Ruiz of Utah was arrested in January for taking nude pictures of her a 9 year old special needs daughter and sending them to man in Taylorsville, who she met online. The mother is facing several felony charges along with her parental rights.
  •  Average Joe, 20 year old Miguel Gonzalez-Rivera of Saratoga Springs was arrested earlier this month after he unknowingly shared child pornography with an undercover agent online. Gonzalez-Rivera stated that he was accidentally exposed to pornography, yet continued viewing it afterwards willingly. His charges are not set at this time.
Photo by: David Goehring

Photo by: David Goehring

Pornography kills

The ad “porn kills” is very accurate. It kills the lives of those affected. Besides the damage that it does to people psychologically, child pornography viewing destroys the guilty individual’s family, employment, criminal record, and reputation. For those who have been caught up in viewing or sharing child pornography and are facing charges for sexual exploitation of a minor, contact a criminal defense attorney.