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.

Pantless Man Charged with Lewdness, Intoxication, and More

pantless man gets lewdness charges

Photo: Sarah Marie Jones/Wikimedia Commons

Early Saturday morning, Feb. 7, an intoxicated man entered an apartment near a party he had been attending wearing nothing below the waist but a pair of socks. The man was chased by police and arrested for lewdness and other charges.

Several Drinks Too Many

Some parties require the attendees to turn in their keys to ensure no drunk driving incidents, but apparently Austin Jeffery Noble, 21, took this one step further and simply surrendered his pants.

According to a report from KSL News, sometime before 4 a.m. on Saturday, Feb. 7, Noble left a party he was attending and wandered into a nearby apartment wearing nothing more than a hooded sweatshirt, bowtie, and socks. Enter the first potential charges for criminal trespass, burglary, and lewdness.

The arrest affidavit states that at this point, he laid down next to a sleeping 17-year-old girl and began touching her inappropriately. Next potential charges of forcible sex abuse. The girl woke up, and after she and her sister confronted Noble, he fled the apartment.

When police showed up, they found Noble still without his pants. A brief foot pursuit occurred (next charge: failure to stop at the command of a police officer) before police caught up with him. Noble claimed that he didn’t remember anything before the foot chase. A breathalyzer test showed Noble’s BAC at .209, more than twice the legal limit, and added on intoxication to his list of charges. Noble was booked into the Davis County Jail.

No Pants Equals Lewdness

According to Utah Criminal Code 76-9-902, lewdness is defined as an act not amounting to rape, sodomy, aggravated sexual assault, or forcible sexual abuse (which is already on the list for Noble) but which will still cause affront or alarm to one who is over 14 years old. This may include an act of sexual intercourse or sodomy (in the presence of the minor), masturbating, or in the case of Noble, exposing the genitals, female breast below the areola, buttocks, anus, or pubic area.

Lewdness is considered a class B misdemeanor on the first or second conviction, punishable by up to six months in jail and a fine of up to $1,000. However, on the third conviction, or if the person is already a sex offender, lewdness becomes a third degree felony, punishable up to five years in prison and a fine of up to $5,000.

If you or someone you know has been charged with lewdness, contact an experienced criminal defense attorney who knows the law and will look out for your best interests.