Human Trafficking of a Vulnerable Adult in Utah

Utah Human Trafficking laws up for amendments involving a vulnerable adult may cause legal trouble to those who are caring for a friend with mental illness or addiction. The Utah Human Trafficking laws are meant to catch and prosecute those who are practicing a modern version of slavery, but it can be misapplied to something as simple as expecting a ”live-In” friend with a drug addiction to clean the house in order to live at the residence.

Increased focus to stop human trafficking

Photo by: Imagens Evangélicas

Human trafficking has become a major problem in the United States. Human trafficking can take on several faces such as transporting a person across state lines without their permission, forced prostitution or forced employment. This growing crime is on many law makers’ radar and most states have made changes to their current laws to address this problem. There are several new advocacy groups forming and many panel discussions to bring this problem to the forefront as well as increased education into the matter.

Training for professionals

In the effort to combat human trafficking, one beneficial step is to train those in certain employments to recognize the signs of a trafficked person. Some of those professions being encouraged to receive training on how to spot human traffickers or their victims are:

Truck drivers: Many states are requiring training on human trafficking in order to receive their CDL licenses. The hope is that truck drivers will see instances of people being transported against their will. Most rest areas and truck stops now have signs posted regarding human trafficking.

Medical professionals: Physicians are another occupation encouraged to receive training. Many people that have escaped from their captors had received medical care during their captivity. Doctors and nurses can see signs of abuse while treating a patient. They can also see signs of repeated abortions, STD’s, or infections which are all indications of a victim of human trafficking.

Law enforcement: Police officers are also important in the fight against human trafficking. Officers can be aware of the disconcerting interaction between two people. One example would be if a person has an attitude of servitude or fear when bailing out another.

Vulnerable adult

Photo by: Kiran Foster

Along with educating the public and certain professionals, laws regarding human trafficking have been amended to include protection for overlooked victims. In January House Bill 20 was amended to clarify the language for human trafficking and to add an offense for trafficking a vulnerable adult. The new bill for a vulnerable adult reads: “Human trafficking of a vulnerable adult for forced labor” while one place of forced labor is defined as being in “households”. According to Utah House Bill 0020:
“Vulnerable adult” means an elder adult, or an adult 18 years of age or older who has a mental or physical impairment which substantially affects that person’s ability to:
(i) provide personal protection;
(ii) provide necessities such as food, shelter, clothing, or medical or other health care;
(iii) obtain services necessary for health, safety, or welfare;
(iv) carry out the activities of daily living;
(v) manage the adult’s own resources; or
(vi) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.”

With this addition to the human trafficking laws, it is possible that those responsible for looking out for the best interest of vulnerable adults such as medical professionals and law enforcement may misunderstand the dynamic of the home in which the vulnerable adult has been allowed to live.

Forced labor or earning your keep

With a push to end a societal problem, there are instances when innocent people can often be labeled as criminal human traffickers. There are many individuals in Utah who are struggling with a mental illness or a drug addiction that could cause them to be defined as a vulnerable adult. Family members or friends attempting to care for their struggling loved ones may face criminal charges if, in an attempt to help their loved one feel productive by pitching in around the house, they force them to perform household chores in order to “earn their keep”. While those carrying for a mentally ill or addicted vulnerable adult could feel they are serving that individual by encouraging productiveness, Utah law may see it as the vulnerable adult being forced to serve them. Anyone facing any charges stemming from their willingness to help a vulnerable adult are encouraged to seek immediate legal counsel from a qualified defense attorney.

First Degree Aggravated Arson for Setting Own Apartment on Fire

A Utah man is facing charges for first degree aggravated arson as well as attempted murder for setting his own apartment on fire.

Paranoia unhinged

First Degree Aggravated Arson

Photo by: Denis Dervisevic

Kyle Stinson of West Valley City started a fire in his apartment earlier this month in what was found to be a disturbed and irrational attempt to protect himself from a neighbor. Police determined that Stinson’s neighbor posed no threat whatsoever. Stinson however was found to be the one causing danger as he started a fire in an occupied building and also tried to tie the door of his neighbor shut so they could not escape the apartment complex. Stinson faces charges of first degree aggravated arson and attempted murder.

First degree aggravated arson

Even though the only part of the building damaged was Stinson’s own apartment, Utah Code 76-6-103 states “A person is guilty of aggravated arson if by means of fire or explosives he intentionally and unlawfully damages:

a) A habitable structure; or

b) Any structure or vehicle when any person not a participant in the offense is in the structure or vehicle.”

Additionally, since he tried to tie his neighbor’s door closed after he set his apartment on fire, he is also facing attempted murder. Both charges that Stinson is facing are first degree felonies, each with possible prison terms of five years to life in prison and fines of up to $10,000.

Questionable mental health

Photo by: Mike H

Photo by: Mike H

Since police were not able to find any justification to Stinson’s fears of being harmed by his neighbor, Stinson’s mental health should be questioned. Paranoia to the degree that Stinson’s was suffering from could be caused from drug use, but may have also resulted from an unchecked mental illness. Unfortunately, instead of seeking help for his apparent neurotic disorder or even requesting aid from law enforcement when he thought he was in danger, Stinson took matters into his own hands and now could spend the rest of his life in jail. For those who are facing charges such as first degree aggravated arson or other serious felonies and feel that they were not in their right state of mind during the offense, it is recommended to speak with a qualified criminal defense attorney.

Intentional Child Abuse Charges for Utah Mom Who Locked Son in Bathroom for a Year

A southern Utah mom is facing intentional child abuse charges after authorities discovered she had been keeping her 12 year old son locked in a bathroom for over a year.

Neglected basic needs of a child

Photo by : Purgatory Correctional Facility

Photo by : Purgatory Correctional Facility

Authorities responded to a welfare check at a southern Utah home after a dramatically underweight and malnourished 12 year old boy was brought into the local hospital by his father. Police obtained a warrant and searched the home of the boy’s mother, 36 year old Brandy Jaynes of Toquerville, Utah. There were three children who were living in the home with Jaynes; two of the children appeared to be in normal health while police found evidence that the emaciated boy who was brought into the hospital had been living in a locked bathroom among his own feces ,with no light and little to no food.

Intentional child abuse

Photo by: C.P.Storm

Photo by: C.P.Storm

The 36 year old mother of three was booked into Purgatory Correctional Facility on a $10,000 bail and is facing up to 15 years in prison for second degree intentional child abuse. According to Utah Code 76-5-109, “any person who inflicts upon a child serious physical injury ( . . . ) is guilty of an offense as follows: If done intentionally or knowingly, the offense is a felony of the second degree. “ This section defines seriously physical injury as “injuries that:

(A) seriously impairs the child’s health;

(B) involves physical torture;

(C) causes serious emotional harm to the child; or

(D) involves a substantial risk of death to the child.

Serious physical injury includes: ( . . . ) any conduct toward a child that results in severe emotional harm, severe developmental delay or intellectual disability, or severe impairment of the child’s ability to function; ( . . . ) any conduct that results in starvation or failure to thrive or malnutrition that jeopardizes the child’s life.”

Locked away and forgotten

Aggravated Intentional Child Abuse

Photo by: Joel Penner

Investigators are attempting to piece together information surrounding this family and the public is demanding to know why no one had checked on the boy earlier. By the time his father took him to receive medical treatment, the boy weighed 30 pounds and could not stand and support his own weight. The 12 year old boy had been taken out of school over a year prior to the search on the Toquerville Utah home yet neither school officials, neighbors, family, nor friends had apparently inquired of the boy’s whereabouts. One of the siblings admitted to knowing their brother was in the bathroom and had spoken to him through the door, but it had been months since they last spoke. It is not known where the father of the boy was during the boy’s bathroom imprisonment, and whether or not he had any knowledge of the circumstances his son had been living in for an extended period of time.

Mindset of a troubled parent

Photo by: Porsche Brosseau

Photo by: Porsche Brosseau

Police are understandably concerned with the irrational thinking of the mother who claimed the malnourished boy wanted to sleep in the bathroom and that she felt she was keeping him safe in the locked room while she was away from the house. Although the boy was obviously neglected and living in horrible circumstances, the mother was keeping an eye on him. There was Wi-Fi enabled video monitoring that was streaming to the mother’s cell phone, as well as a baby monitor that could transmit messages from the mother to her son. There are residents that live near the home that claim the area has a high volume of drug use, however authorities have not answered this speculation with any information regarding whether or not the mother was using illegal drugs. It has also not been divulged whether or not the 36 year old has a history of mental illness, or whether or not the boy had special needs that the mother was unable to cope with, however a mental illness would help make this story of intentional child abuse easier to swallow than a mother who intentionally neglected her child to near starvation. More information on the case is forthcoming.