Posts Tagged ‘Lewdness’

Lewdness in Utah on a Bet

Dec
04
Utah Criminal Defense Blog, on the topic of  Humor, Utah Crime News
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A Utah man has been arrested pending investigation on a number of lewdness charges, including lewdness involving a child. He apparently has a long criminal history, although that doesn’t necessarily pertain to the pending charges.

Photo: Andrew Butitta

Nude on the Street? Bet You’ll Get Arrested!

The man allegedly told police that he opted to talk a walk around 1300 South State Street in Salt Lake City wearing only shoes because of a bet. Unfortunately for the man, however, police decided that his nudeness involved lewdness—which is against the law in Utah.

There are some places where you can walk, jaunt or strut around in your birthday suit as much as you want, but—surprise, surprise—that doesn’t usually apply to a public thoroughfare. Even if you choose to wander around naked but appropriately shod, you’ll probably still get arrested.

Lewdness is a Crime

In Utah, lewdness is considered an offense against public order and decency. It’s a class B misdemeanor the first and second times you commit lewdness, but if you decide to keep going down that path, you’ll likely be facing a felony charge. While a class B misdemeanor comes with a potential penalty of up to six months in jail, a third degree felony conviction may send you to prison for up to five years.

Lewdness involving a child is a class A misdemeanor the first time and a third degree felony for any subsequent violation. In this particular case, the man may be facing three separate counts of lewdness involving a child which could result in a lengthy prison sentence if he’s found guilty.

Let a Utah Criminal Defense Attorney Help You

Regardless of the criminal charge(s) against you, you should contact a Utah criminal defense attorney for help. Don’t think that a past criminal history will automatically make you guilty of any current charge. You need and deserve to have expert legal representation from a top Utah criminal defense attorney. Make the right call today.

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State v. Noor in Utah

Jul
17
Utah Criminal Defense Blog, on the topic of  Utah Court
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The Utah Court of Appeals recently filed a memorandum decision regarding an appeal in the case of State v. Noor, involving a man convicted of burglary, forcible sexual abuse and lewdness.

Photo: Malik

The man, Osman Mohammad Noor, was appealing the district court jury’s decision to convict him on the various charges, based on his assertion that there was insufficient evidence presented showing the required intent to commit the crimes of which he was accused.

What the State Said Happened

Noor’s conviction came about after the events that took place in May 2009. Noor allegedly attempted to force himself on the manager of his apartment building, supposedly putting his mouth and hands places they shouldn’t have been. The woman called 911 and Noor was arrested.

On appeal, Noor raised issues that he had not brought up during the trial. The Court of Appeals is pretty picky about not reviewing issues on appeal that weren’t preserved during the original district court trial. In Noor’s case, he didn’t offer any witnesses as a defense, nor did his attorney bring up the topics at that time that he now wanted discussed.

In its memorandum decision, the Court determined that Noor didn’t present an insufficiency of evidence concern at the trial, so they refused to consider it at this time. Noor’s convictions have been upheld by the Court of Appeals.

You Need a Utah Criminal Defense Attorney

This is one of many situations that show how important it is to have a top Utah criminal defense attorney represent you during every aspect of your case, particularly if you end up appealing a decision to the Court of Appeals. An experienced criminal defense attorney will do all within his power to help your case reach a resolution that makes sense.

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Lewdness Charge for Man Wanting Haircut

Jun
27
Utah Criminal Defense Blog, on the topic of  Humor, Utah Crime News
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Normally you wouldn’t be concerned about being charged with lewdness in conjunction with getting your haircut. Of course, the odds are good you don’t ask to have your hair cut while you’re naked. That’s just the request made by a Magna man at a local Great Clips salon, and he ended up in a heap of trouble—without getting his haircut.

Photo: SSDG Interiors

Taking a Walk in the Buff

Apparently the man was fully clothed when he approached a salon employee with his request. The request was, not surprisingly, denied. At some point the man took off his clothes and started wandering around a nearby Smith’s parking lot where he was observed by a variety of individuals, including children.

After meandering through the parking lot for approximately an hour, police arrived and attempted to take the man into custody. The officer put the suspect in handcuffs, and then was scratched and gouged by the man. The man in question has been charged with two counts of lewdness, one count each of interference with an arresting officer and assault by a prisoner, totaling three misdemeanors and one third-degree felony.

Getting the Right Kind of Help

There can be no doubt that this particular suspect is in great need of help, both personal and legal. We hope he has an excellent advocate representing him so that he can receive the treatment he needs. Even though people were likely shocked and offended by the man’s behavior, he still deserves delay in judgment until his case can be heard by a judge and jury.

This is another situation that shows how important it is that every person charged with a crime in Utah deserves to have the best criminal defense possible. If you are facing criminal charges of any type, don’t wait to contact a Utah criminal defense attorney. You merit the finest legal representation as much as the next person.

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Registered Sex Offender and Lewdness in Utah

Nov
21
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Law
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If a registered sex offender is trying to do right and obey the law, he should be allowed to focus on rehabilitation. On the other hand, if he exposes himself in public and people, including children, see him, he’s in for further trouble with law enforcement.

Photo: Orin Zebest

A man was arrested Sunday after a woman and her children on their way to church saw him exposing himself. Another witness reported seeing the man as well.

The man is a registered sex offender stemming from a felony child sex abuse conviction in 2000. He has had multiple misdemeanor and felony convictions from a variety of problems, including lewdness, over the years. Now he is being investigated for lewdness and lewdness involving a child.

Lewdness involving a child is normally a class A misdemeanor, but the charge is greater if the person is a registered sex offender or has previously been convicted of lewdness involving a child. In those cases, the charge is a third-degree felony.

Lewdness in the presence of someone 14 years old or older is a class B misdemeanor if it is a person’s first or second violation of the law. However, it is a third-degree felony if the person is a sex offender, has been convicted of violating the law two or more times or has been convicted of lewdness involving a child.

Considering the fact that this man has had several run-ins with the law, many involving sexual-related crimes, it seems that he needs to have help he’s not getting, for whatever reason.

Regardless of the crimes a person has been charged with, he or she deserves to be represented by an attorney who is well-versed in Utah law. If you or a loved one is in a legal jam, don’t wait to hire an experienced Utah criminal defense attorney. You may need additional services as well, but let an attorney be your voice and advocate in a situation that requires legal expertise. You will do yourself a favor when you allow a criminal defense attorney to navigate the confusing legal world on your behalf.

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Posted in Hiring a Lawyer, Utah Law | No Comments »

Lewdness Involving Children in Utah

Nov
14
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.

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Lewdness in Utah May Send You to Prison

Aug
19
Clayton Simms, Criminal Defense Attorney, on the topic of  Question, Utah Law
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In Utah, the charge for committing lewdness starts as a class B misdemeanor, which can send a person to jail for up to six months. Recent changes in Utah law allow prosecutors to charge repeat offenders with a third-degree felony. The theory is that if a lesser penalty isn’t making a difference with an offender, a stiffer penalty may discourage someone from repeating their lewd acts.

Tougher Utah Lewdness Law

Photo: Kate Ter Haar

This law, which went into effect this year, also applies to registered sex offenders. If a registered sex offender commits an act of lewdness in the presence of a child, he or she can also be charged with a third-degree felony. A guilty verdict on a third-degree felony charge is worth up to five years in prison.

Recent Conviction

Brian Richard Lee, who was found guilty of one count of lewdness and one count of burglary, has been sentenced to prison. Lee has been arrested nine times since 1992 for being naked in girls’ locker rooms. His most recent arrest came after he was found by a female coach in the girls’ locker room of Sandridge Junior High this past April. The judge gave him credit for time served and fined him $716 as well.

Get Legal and Personal Help

If you’re having problems with the law because of lewdness, whether as a repeat offender or a first-timer, you need to make at least two phone calls. First, contact a Utah criminal defense attorney. You need to have someone on your side who understands Utah law and can easily navigate the judicial system. Your second phone call should be to a therapist. While the legislature may believe that lewdness is a problem worthy of a felony charge, it makes sense that anyone who suffers from a desire to expose themselves to others needs the assistance of a licensed mental health professional.

Don’t be embarrassed to make these phone calls. When you take the first step to get legal help, you’ll be putting yourself on the right track to receive further aid from others who can work with you to get your life in order.

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Alleged Child Exploitation by Utah Man

Aug
09
Utah Criminal Defense Blog, on the topic of  Crimes, Hiring a Lawyer
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David Richards has been arrested and booked into a Utah jail on charges relating to child exploitation. Exploitation may be defined as “utilization of another person for selfish purposes.” Richards allegedly lured children into his home where he had hidden cameras and would take pictures of the children while they were in his bathroom. Police have seized computers and cameras from Richards’ home and have identified at least 10 children, all between the ages of 6-10 years old. According to police, there are many other victims who have not yet been identified.

Richards is being investigated for the following crimes:

• Lewdness involving a child;
• Forcible sexual abuse of a child; and
• Sexual exploitation of a child.

Although the average person does not condone harming children in any fashion, don’t forget that everyone who is arrested for committing a crime, no matter what the crime may be, is entitled to the presumption of innocence unless or until proven otherwise. So while people may abhor criminal actions involving children, we must allow that individual their day before a jury of their peers.

Driving in excess of the speed limit is technically breaking the law, even though most people would not classify breaking the speed limit to be in the same category as child exploitation. It might be a different matter, however, if the person speeding hits and kills someone. That driver would certainly warrant legal representation as much as someone accused of another serious crime.

The bottom line is this: every person who is in trouble with the law needs and deserves to have the best attorney they can find. If you or a loved one is in a legal bind, hire a Utah criminal defense attorney right away. It will be the best decision you can make at a tough time.

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Lewdness in Utah isn’t Optional

Apr
27
Utah Criminal Defense Blog, on the topic of  Crimes, Humor, Utah Law
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When Robert Wheeler left his home in St. George, Utah yesterday, he forgot one tiny detail: he was reportedly completely nude and lewd. Although the temperature was a comfortable 64 degrees at the time, Wheeler may not have been aware that regardless of how hot or cold it is in St. George, you can’t run around in public in the buff under any circumstances. Simply put, Utah doesn’t have any clothing-optional venues. The local police nabbed him in a grocery store parking lot after several people, including four children under the age of 14, allegedly witnessed his jaunt through the area.

Photo: Joe Shlabotnik

To keep the record straight, the following acts are considered lewd and illegal under the Utah Criminal Code:

1)      Performance of an act of sexual intercourse or sodomy in a public place; or

2)      Exposure of genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area in a public place, or

3)      Privately, under circumstances the person should know will likely cause affront or alarm.

Lewdness involving a child is considered a class A misdemeanor unless the perpetrator is a sex offender or has previously been convicted of lewdness, in which case it would be a third-degree felony.

The moral of this true story is to keep your clothes on, particularly when you leave your house. Keep in mind that no matter how great you think your body may look, the odds are good that no one except your significant other wants to see you naked. It’s sad, but true. If you’ve already succumbed to the temptation to streak and the police were the ones giving you some clothes to wear, call a good lawyer as soon as possible to see what options are available to you. In the meantime, cover up.

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Posted in Crimes, Humor, Utah Law | No Comments »

Utah Criminal Legal Definition: Public Urination & Lewdness

Sep
15
Clayton Simms, Criminal Defense Attorney, on the topic of  Utah Legal Definition
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Photo: Troy Holden

Photo: Troy Holden

If you can’t hold it anymore and think you can go on the side of a public building in Salt Lake City, try to hold the urge to urinate a little longer and find a bathroom.  Utah’s public urination law will give you a Class C misdemeanor if police see you urinating or defecating in a public place other than a public restroom.

There is a loophole in the law, however, because if you urinate in a public place and the under circumstances which the you should know will NOT likely cause affront or alarm to another, then you will be okay.  Utah law requires that the defendant know that the public urination will “cause affront or alarm to another” person.

However, it’s safer (and more sanitary) to simply find a public restroom.

U.C.A. 76-9-702: Lewdness – Public Urination

(5) A person is guilty of public urination if the person urinates or defecates: (a) in a public place, other than a public rest room; and(b) under circumstances which the person should know will likely cause affront or alarm to another. (6) Public urination is a class C misdemeanor.

If you ended up with a lewdness charge simply because you needed to urinate, then you need to contact a Utah criminal attorney who will fight for your rights.

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