Posts Tagged ‘child’

Sexual Exploitation in Utah

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.

Lewdness Involving Children in Utah

Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Two former camp counselors are charged with committing lewdness involving children in Utah. Jordan Corliss has been charged with three class A misdemeanor counts of lewdness involving a child and one class B misdemeanor count of lewdness. Samuel Olsen is facing four counts of lewdness involving a child, class A misdemeanors.

Photo: florisla

The 18-year-old men were counselors at the Foundation for Children and Youth with Diabetes Camp until this incident, which allegedly occurred on the last day of camp. The men have been informed that they are not invited to return to the camp.

The Allegations

Two of the allegations are that the counselors used sexual language and terminology in front of the campers and that one of the men stood naked in front of campers. Reports state that most of the campers were 13-year-olds.

What Constitutes Lewdness Involving Children

Lewdness involving children occurs when someone intentionally or knowingly does any of the following in the presence of a child who is under 14 years of age:

• Performs an act of sexual intercourse or sodomy;
• Exposes his or her genitals in a public place or a private location;
• Masturbates;
• Causes a child under 14 to expose his or her genitals, anus or breast; or
• Performs any other act of lewdness.

Penalties for Lewdness Involving Children

Lewdness involving children is a class A misdemeanor, such as the two young men were charged with, unless the person charged is a sex offender or has been previously charged with this crime. In those cases, the charge would be a third-degree felony.

One of the camp’s founders, who has known the young men for more than 10 years, stated that the counselors have never been written up, put on probation or been through the camp’s disciplinary process prior to these allegations.

Get the Legal Help You Deserve

Hopefully these two men are receiving excellent legal counsel. They are innocent unless proven guilty, and they have the right to be defended vigorously. Anyone who has been charged with a crime should hire an experienced Utah criminal defense attorney. Don’t leave your fate in the hands of law enforcement. Call a Utah criminal defense attorney today.

Utah Woman Attempts to Sexually Exploit Child

Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer
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When an adult attempts to sexually exploit a child in Utah, that adult normally has to face up to criminal charges. A Salt Lake City woman whose name is being concealed to protect the victim, her daughter, found out that trying to sexually exploit her child for her personal gain was not taken lightly by law enforcement.

The story is rather disturbing. The woman apparently agreed to sell her daughter’s virginity to a man for $10,000. Also, the same man reportedly took the woman and her daughter, who is 13-years-old, to model lingerie for him. Law enforcement said that the woman sent pictures of her daughter wearing lingerie to another man, as well. He was allegedly going to pay for the sexually exploitative pictures.

The woman pleaded guilty to two counts of sexually exploiting a minor, which are both second-degree felonies. In exchange for her plea, other charges of aggravated sexual abuse of a child were dismissed. The second-degree felony charges could result in long prison sentences; anywhere up to 15 years per count.

If you are in the midst of legal woes, our best advice to you is to get help immediately. Don’t compound mistakes you’ve made by not hiring a Utah criminal defense attorney who can handle tough cases. Maybe you haven’t always made the right choices, but we know that every person still deserves legal representation, no matter what they are accused of.

Remember that you should not talk to police, regardless of what they tell you. The only person you should discuss your situation with is an attorney. Law enforcement has their job to do, and it’s not to help you. Your attorney will represent your best interests. Don’t take your freedom for granted. Call a Utah criminal defense attorney right away.

Potential Kidnapper Thwarted by Rocks

Utah Criminal Defense Blog, on the topic of  Humor, Utah Crime News
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An alleged kidnapper was taken off guard when the 10-year-old girl he grabbed fought back. A 33-year-old man reportedly approached the girl, who was with her sister and cousin, asking if she wanted some candy. When the girl declined the candy, the man grabbed her. She apparently didn’t want to go along, so she bit him. Meanwhile, her two companions began throwing rocks at the man and didn’t stop until he ran away.

Photo: nicoleleec

The 10-year-old was able to describe some of the man’s tattoos to the police, and later all three girls identified the man in a police line-up. The alleged kidnapper has been charged with attempted child kidnapping, which unfortunately for him, is a first-degree felony.

Luckily for the girl, she was a quick thinker and didn’t fold under pressure. Her fast-acting family also helped save the day with the help of some nearby rocks. Sometimes people underestimate children, but think about it: kids are pretty in tune with what’s going on in today’s world and have as strong a will to survive as do adults.

If you’ve run afoul of the law, make sure that you keep your will to survive strong by hiring the best attorney you can. There’s no reason to let your mistakes follow you around for life. Contact a Utah criminal defense attorney who will fight for your rights and make sure that your side of the story is known. Even if you’ve done wrong in the past, with the right help you can make a clean start and live a good life.

Utah Child Sex Abuse Case Nets Guilty Pleas

Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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A child sex abuse case in Utah culminated with guilty pleas from the alleged abuser, Lon Kennard Sr. After initially being charged with 47 counts of a variety of first, second and third-degree felonies, Kennard pleaded guilty to three counts of aggravated sexual abuse of a child, all first-degree felonies. Prosecutors dropped the remaining charges in exchange for the guilty pleas.

Kennard allegedly abused seven victims, six of whom were girls related to him, beginning sometime around 1995. According to the Utah Code, imprisonment is mandatory when a crime of this nature has occurred. A judge will decide Kennard’s fate at his sentencing hearing on November 2.

What Constitutes Aggravated Child Sex Abuse

Sexual abuse of a child is punishable as a second-degree felony. Aggravated sexual abuse of a child, on the other hand, increases the charge to a first-degree felony. A few of the reasons that a person may be charged with aggravated sexual abuse of a child are as follows:

• Use of a dangerous weapon;
• In the course of a kidnapping;
• Bodily injury or severe psychological injury was inflicted by the accused upon the victim;
• Pornography was involved or the victim was photographed during the offense; or
• The accused was a person in a position of special trust (such as a religious leader, a coach, a teacher or a parent).

There are several other situations that may result in an aggravated child sex abuse charge. You should consult with a Utah criminal defense attorney if you have further questions about any charges you are currently facing. Additionally, you don’t need to wait until you are charged with a crime to talk to an attorney. It is in your best interest to have legal representation on your side if you believe you may have criminal charges filed against you or you know you are being investigated by law enforcement.

Sexual Assault Charge in Utah

Utah Criminal Defense Blog, on the topic of  Dealing with Police, Utah Crime News
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A man has been charged with committing aggravated sexual assault of a child and obstruction of justice following an August 22 incident at Liberty Park. A witness has stated that she saw a man hanging around in the bushes near the water feature at the park. According to the witness, at some point a young girl (who turned out to be five-years-old) walked by, and the man grabbed her and pulled her head towards the crotch area of his pants. The witness yelled for someone to call the police, and the assailant left the scene on a bicycle.

The Accused

Brandon Lee Elder, the man charged with the crimes, apparently told police that he waited near the water feature for around two hours for a girl to walk by. This is not Elder’s first run-in with the law. In the past, he has pled guilty to attempted sexual battery as well as battery.

Potential Penalty for Sexual Assault

Aggravated sexual assault of a child is a first-degree felony. The penalty for a first-degree felony is generally five years to life in prison, but the addition of “aggravated” can increase the penalty, if the individual is found guilty. Obstruction of justice is considered a second-degree felony if it occurs in conjunction with a first-degree felony. Second-degree felonies are usually punishable by 1-15 years in prison.

Your Right to Remain Silent

It is important to remind you that under no circumstances should you talk to the police without the advice of an attorney, regardless of what the police might ask you or tell you. It is completely within your rights to remain silent unless your attorney tells you to talk to law enforcement. Refusing to talk to the police does not mean you’re guilty of anything; in fact, it shows you’re looking out for your best interests.

Contact a Utah Attorney

Call a Utah criminal defense attorney immediately if you have questions about any legal action you are involved in. He or she will help you sort out the situation and give you your options, as well as communicate with the police on your behalf. Make that call today.

Kids Unattended in Motor Vehicles in Utah is a Crime

Utah Criminal Defense Blog, on the topic of  Crimes, Utah Law
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On May 10, Senate Bill 124 (SB 124) will go into effect, making it illegal to leave a child under the age of nine unattended in a motor vehicle in the state of Utah. Any person caught violating this amendment to the Utah Criminal Code can be charged with a class C misdemeanor, which carries a penalty of up to 90 days of imprisonment.

Photo: Hendricks Photos

The bill states that if a child left in a vehicle is not supervised by a person who is at least nine years old and the conditions present a risk to the child of hyperthermia, hypothermia or dehydration, the person responsible for that child is in violation of the new law. Also, you may not leave an unattended child in a motor vehicle even if there is an open door, window, or hatch. The bill further explains that you can’t leave an unsupervised child in a motor vehicle on public property or private property that is open to the general public.

Even well-meaning parents have left children under nine in their motor vehicle. Sometimes it just seems to make more sense to run that quick errand alone, without the hassle of unloading kids and then getting them buckled in again five minutes later. Busy people are always looking for a way to save time; they’re not trying to hurt their kids. Even so, you need to be aware of this new crime and keep you and your kids out of terrible situations. It seems like a year doesn’t go by without hearing the reports of a child dying after being left alone in a car.

Take this message to heart: protect your kids from danger and protect yourself from committing a crime. Don’t leave unattended children in your vehicle for any reason. Wait to run that errand or just take them in with you. It might add a few minutes to your jam-packed schedule, but the peace of mind you’ll have knowing that your children are safe will be worth the extra time.

Leaving a Child Unattended in a Vehicle

Utah Criminal Defense Blog, on the topic of  Crimes, Utah Crime News, Utah Law
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2010 was one of the worst years for child deaths resulting from being left unattended in vehicles.  Forty-nine children died of hyperthermia (heat stroke) while many more suffered brain and nervous system impairment, kidney problems, blood clots and malfunction of the lungs.

An automobile acts as a greenhouse, and even on days with relatively mild weather, the temperatures inside the cabin of your car can exceed well over 100 degrees within minutes.  Adding to that fact, kids’ bodies heat up about three times as fast as adults, and their abilities to cool through the process of sweating are not fully developed.

Child Left in Car

Photo: University of Adelaide

Utah legislators hope that a new law will help to protect children.  What was once a fine is now a crime to leave a child unattended in a car in the state of Utah.  It’s a class C misdemeanor to leave a child under the age of 9 in a vehicle who is not supervised by someone 12 years of age or older.  This means a parent or guardian can pay a fine and serve up to 90 days in the county jail for a quick trip into the supermarket to buy a gallon of milk.

Obviously no good, sane person wants to find their child lying lifeless in the back seat.  Parents leave their children in cars unattended simply because they’re not aware of the dangers involved.  It’s commendable that some lawmakers are trying to protect our children.  However, helping to educate parents of the dangers far outweighs any fears parents may have of legal consequences.  The State should focus more effectively on educating the public rather than seeking ways to punish them.  They can start by making it mandatory for anyone seeking to obtain a drivers license in the State of Utah to read this article.

School Strip Searches: Supreme Court says Illegal

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Constitutional Rights, Utah Crime News
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Photo: swissrolli

Fourth Amendment rights when they strip searched her to look for prescription-strength ibuprofen.  The Fourth Amendment protects citizens from unreasonable searches.  In this case, school officials ordered the student to take off her clothes and show them the inside of her underwear.

Although this didn’t happen in Utah, the Supreme Court’s ruling applies to all states.  Therefore, if your child is asked to remove his or her clothing by a school official, your child should refuse and immediately call you.  While school officials can strip search students if it is truly warranted, it is more than likely that a situation involving your child will not reach that level.  It is more likely that a school official is misusing their power.

If this situation occurs, or your child consents to a strip search at school without your permission, you should contact a qualified attorney as soon as possible to discuss your legal options.