Posts Tagged ‘child sex abuse’

Utah Sex Offender Restrictions for Parole

Oct
30
Utah Criminal Defense Blog, on the topic of  Utah Law
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In Utah, a sex offender is any person (adult or juvenile) who is required by law to be registered as a sex offender due to an offense committed against a person who is 18 years old or younger. When a sex offender is eligible for parole in Utah, there are specific locations he is restricted from visiting.

Photo: Paradigm

What are Protected Areas?

Protected areas include:

• any licensed daycare or preschool facility
• any swimming pool open to the public
• a public or private elementary or secondary school not located on the grounds of a correctional facility
• public community parks
• public playgrounds
• under certain conditions, areas 1000 feet or less from an accuser’s (of the particular sex offender) residence

In order for the last protected area listed to be truly off limits, the sex offender must be:

• on parole for a sex offense
• the accuser or his parent or guardian has requested that the offender be restricted from the area
• the offender has been notified in writing and with a physical description of the restricted area

Penalty for Visiting a Protected Area

Generally, it is a class A misdemeanor for a convicted sex offender to stray into a protected area. There are a few exceptions, however:

• The offender needs to be in a protected area to carry out specific parental duties
• When the protected area is a school building and
• It is opened and being used for a public activity and
• Not being used for a school-related function for people 18 years old or younger
• When the protected area is a licensed daycare or preschool facility and
• Is located within a building used for public purposes, services or functions besides the day care facility and the offender doesn’t stray into the preschool/daycare part of the building

Talk to a Utah Criminal Defense Attorney

If you have legal questions or concerns about any criminal case you’re involved in, whether it’s related to a sex offense or other matter, don’t wait to contact a Utah criminal defense attorney. Let your attorney guide you through the sometimes confusing legal process and help you get your life back on track. Make the right phone call today.

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Posted in Utah Law | No Comments »

Position of Special Trust

Aug
21
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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A Utah man has been charged with committing child sex abuse, and his charges are enhanced due to the fact that he was in what Utah considers a position of special trust over the children. The man is a member of the LDS Church and was a high councilman at the time of the alleged child sex abuse.

When a person commits child sex abuse and is in a position of special trust, the charge is increased from a second degree felony to aggravated sexual abuse, a first degree felony. This charge may come with a minimum 15 year prison sentence, but the actual penalties can be much greater.

Who is in a Position of Special Trust?

You are in a position of special trust over a child if you are a:

• Youth leader who is an adult
• Recreation leader who is an adult
• Adult athletic manager
• Adult coach
• Teacher
• Counselor
• Religious leader
• Doctor
• Employer
• Foster parent
• Babysitter
• Adult scout leader
• Natural parent
• Step parent
• Adoptive parent
• Legal guardian
• Grandparent, aunt, uncle
• Adult cohabitant of a parent

Utah law states that these individuals fall under the category of person with a position of special trust because they are in a position of authority over a child and can exercise undue influence over a potential victim.

Be Careful of Circumstances

In this man’s case, one of the alleged child sex abuse incidents supposedly occurred during a sleepover at his home. Children’s sleepovers can be a cause for concern, not because a child sex abuse allegation is true, but because it’s difficult to disprove and an innocent person can be accused of committing a crime that didn’t take place.

When you’re facing criminal charges, you need the immediate help of an experienced Utah criminal defense attorney. Don’t settle for less than the best. Contact a criminal defense attorney who is known for vigorously defending his clients and who will get the best outcome possible for you. Make that important phone call today.

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Posted in Utah Legal Definition | No Comments »

Mouse Shooting Ends in Rape Arrest

Dec
21
Utah Criminal Defense Blog, on the topic of  Constitutional Rights
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An arrest in Taylorsville for rape of a child was the end to what began with a man shooting at a mouse. If that sounds bizarre to you, you’re probably not alone.

Photo: Ernst Vikne

Tuesday was a busy night for law enforcement and a medical crew at Paul Kunzler’s Taylorsville home. The events began when one of Kunzler’s three roommates tried to shoot a mouse in the kitchen. Instead of hitting the mouse, a shot went through the wall and struck another roommate who was in the bathroom.

A medical crew and police arrived and the shooting victim was taken to the hospital. While at the home, police discovered a 13-year-old girl hiding in a closet. Reportedly, the girl and Kunzler had been having a sexual relationship for the past four months. Kunzler is currently in jail while being investigated for rape of a child, sodomy of a child and sexual abuse of a child.

Rape of a child is a first-degree felony charge, punishable by 25 years to life in prison. If certain other conditions are met, the person charged could face life in prison without the possibility of parole. Rape of a child is one of the kinds of first-degree felonies where imprisonment is mandatory. Sodomy on a child can result in similar charges to rape of a child; imprisonment is also mandatory. Sexual abuse of a child is generally a second-degree felony, but aggravated sexual abuse of a child would raise the charge to a first-degree felony.

Some basic rules to follow if you are arrested are: don’t talk to police and contact a Utah criminal defense attorney. You are under no obligation to try to explain your situation to law enforcement, and as you will likely be told, anything you say can be used against you. That means exactly what you think it does.

Don’t wait to get legal help if you are facing any criminal charges. You owe it to yourself to have an experienced criminal defense attorney on your side.

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Posted in Constitutional Rights | No Comments »

Reporting Child Abuse is the Law in Utah

Nov
09
Utah Criminal Defense Blog, on the topic of  Question
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We’ve mentioned before that child abuse is a serious matter and inappropriate under all circumstances. Committing child abuse is obviously illegal, but did you know that failing to report child abuse is also against the law in many states, Utah included? It is also a crime in Pennsylvania.

Photo: UggBoy

A current headline you may be familiar with involves Joe Paterno’s notice of resignation as head coach from the Penn State football team. Jerry Sandusky, who retired from Penn State in 1999 and was once in line for Paterno’s job, is accused of molesting 8 boys over a 15 year period. Some of the alleged child sex abuse is said to have occurred at the Penn State football complex.

In 2002, a graduate assistant went to Paterno to report that he had seen Sandusky in the showers at the school with a 10-year-old boy. Paterno passed the report on to two Penn State employees. Tim Curley, the athletic director, and Gary Schultz, a vice president, were the employees and are currently charged with failing to report the alleged child abuse incident to authorities. Paterno is not facing charges.

In Utah, when any person has reason to believe that a child has been subjected to abuse, that person shall immediately notify the nearest peace officer or law enforcement agency. Also, any person, official, or institution required to report a case of suspected abuse, neglect, fetal alcohol syndrome, or fetal drug dependency, who willfully fails to do so, is guilty of a class B misdemeanor.

The consequences of failing to report child abuse don’t affect just the individual with the information. It’s important to protect children, as well.

Sandusky is maintaining his innocence. Fortunately, he has an attorney working hard to defend him. Whether he is guilty or innocent is for a jury to decide. We want to remind you how vital it is to have a Utah criminal defense attorney on your side if you are facing criminal charges of any nature. Don’t leave your innocence to chance. Contact an attorney immediately.

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Child Sex Abuse in Utah

Oct
13
Utah Criminal Defense Blog, on the topic of  Crimes
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Recent Cases of Child Sex Abuse

Child sex abuse seems to be in Utah news on a regular basis. A former Utah police officer at the time of the child sex abuse he committed was recently sentenced to five years to life in prison. He pleaded guilty to aggravated sexual abuse of a child and forcible sodomy in conjunction with his two-year sexual relationship with a woman that began while she was under the age of 14.

In another story, a member of the Navajo Nation pleaded guilty in federal court to one count of aggravated sexual abuse of a child and two counts of aggravated sexual abuse. This situation began when the victim was a teenager and lasted for a period of about nine years.

Child sex abuse is not looked upon kindly by Utah courts. The penalties for a person found guilty of child sex abuse can be severe.

Legal Age of Children in Utah

In Utah law concerning child sex abuse, a child is someone under the age of 14. Sexual abuse of a child is a second-degree felony, but aggravated sexual abuse of a child is a first-degree felony which is generally punishable by 15 years to life in prison. A person could be sentenced to life without parole if he causes serious bodily injury while committing the aggravated sexual abuse or if the accused had been previously convicted of a grievous sexual offense.

Everyone Deserves a Strong Defense

We always recommend hiring an attorney if you are facing any criminal charges, and this time is no exception. We do not condone child sex abuse under any circumstances, but just because someone is charged with a crime does not mean that individual shouldn’t have the best criminal defense possible. Take the time to hire a reputable attorney with a proven track record for vigorously defending his clients.

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Posted in Crimes | No Comments »