Burglary of a Dwelling Charges for Intoxicated Utah Man Who Broke into Motorhome

A very intoxicated Utah man was arrested for burglary of a dwelling after he broke into a motorhome which was being occupied by two minors.

No vacancy

A glass of cold beer macro photography

28 year old Arsenio Lorenzo Azule of Parowan, Utah had been heavily drinking when he stumbled upon a motorhome on someone’s property. Azule let himself inside only to be discovered by two teenage girls who were camping in the vehicle. Azule left the motorhome and was spotted nearby by police officers attending to the burglary of a dwelling call. Azule attempted to run from police but was Tased and quickly apprehended by the attending officer. Azule was booked into the Iron County Jail on multiple charges including burglary of a dwelling.

Burglary of a dwelling

Utah Code 76-6-202 states “An actor is guilty of burglary who enters or remains unlawfully in a building or any portion of a building with intent to commit:

  1. a felony;
  2. Theft;
  3. an assault on any person;
  4. Lewdness. . . ;
  5. sexual battery . . . ;
  6. lewdness involving a child . . . ; or
  7. Voyeurism . . .

Burglary is a third degree felony unless it was committed in a dwelling, in which event it is a second degree felony.”

Sleep it off somewhere else

Police do not know why Azule broke into the motorhome. He may have known the girls were in there and had bad intentions or he may have just been extremely drunk and looking for somewhere to sleep it off. A reputable attorney could help someone arrested for burglary by ensuring their intentions are fairly represented in court.

Southern Utah Man Turns Himself In For Sexual Crimes Against Children

A southern Utah man has been sentenced for his sexual crimes against children after he turned himself him nearly two years ago.

Years of guilt

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In October of 2018, Aaron Carthal Schafer of St. George Utah came forward to police to admit he had committed sexual crimes against children. At the time, it does not appear Schafer was a suspect or even remotely on law enforcement’s rader. The reason he came forward was due to years of guilt and a desire to be held accountable for his actions so he could receive the mental help he needed.

Sexual crimes against children

Schafer, who is the father of five children according to social media posts by family members was sentenced this month to multiple sexual crimes against children. He was originally charged with three counts of aggravated sexual abuse of a child and one count of sodomy of a child but the later charged was dropped as he pled guilty to the other three charges.

Sexual abuse of a child

Schafer was sentenced for three counts of aggravated sexual abuse of a child. According to Utah Code 76-5-404.1, “An individual commits sexual abuse of a child if, under circumstances not amounting to rape of a child, object rape of a child, sodomy on a child, or an attempt to commit any of these offenses, the actor touches the anus, buttocks, pubic area, or genitalia of any child, the breast of a female child, or otherwise takes indecent liberties with a child, with intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual regardless of the sex of any participant.”

Enhanced aggravated charges

Photo by: Connor Tarter

That section goes on to note that “An individual commits aggravated sexual abuse of a child when . . . any of the following circumstances have been charged and admitted or found true in the action for the offense [along with the above]:
The offense was committed by the use of a dangerous weapon . . . or by force, duress, violence, intimidation, coercion, menace, or threat of harm, or was committed during the course of a kidnapping;

  1. The accused caused bodily injury or severe psychological injury to the victim during or as a result of the offense;
  2. The accused was a stranger to the victim or made friends with the victim for the purpose of committing the offense;
  3. The accused used, showed, or displayed pornography or cause the victim to be photographed in a lewd condition during the course of the offense;
  4. The accused . . . was previously convicted of any sexual offense;
  5. The accused committed the same or similar sexual act upon two or more victims at the same time or during the same course of conduct;
  6. The accused committed . . . more than five separate acts . . . at the same time, or during the same course of conduct, or before or after the instant offense;
  7. The offense was committed by an individual who occupied a position of special trust in relation to the victim;
  8. The accused encouraged, aided, allowed, or benefited from acts of prostitution or sexual acts by the victim with any other individual, or sexual performance by the victim before any other individual, human trafficking, or human smuggling; or
  9. The accused cause the penetration, however slight, or the genital or anal opening of the child by any part or parts of the human body other than the genitals or mouth.”

Public documents do not state who the victims are, however they do note that Schafer abused at least one of the children while showering with them which may indicate it was one of his children. If this is true, this could mean Schaffer was a parent of the victim, or a subsection ‘h’ states “. . .a person of special trust in relation to the victim”. It is unknown exactly which subsection applies specifically to Schafer’s case or if more than one is applicable.

At least 6 years behind bars

While sexual abuse of a child is a second degree felony, punishable by one to 15 years in prison, aggravated sexual abuse is a first degree felony punishable by six years to as long as life in prison. The shorter sentence of six to ten years is applicable as long as the victim did not suffer any serious bodily injuries and the accused is not guilty of any previous“grievous sexual offense. Schafer was sentenced to six years with at least nine months served. While the judge was appalled at his behavior toward the young children, he did credit him with his honestly in coming forward on his own.

Utah Man Charged a Second Time With Enticing A Minor

A Utah man facing charges for enticing a minor was arrested a second time after attempting to entice a minor while out on bail.

Online crimes

Photo by: Bill Selak

31 year old Kyler Craig Robertson was arrested in early May for enticing a minor after he was caught trying to lure a young teen off the internet to meet him for sex. Robertson was arrested when the teen he was trying to meet up at a local park turned out to be an undercover police officer. Robertson told authorities he had sexual thoughts about minors and that he considered himself a danger to children. Regardless of this confession that could put other minors in harm’s way, he was released on bail shortly after his arrest.

Arrested while on bail

Less than three weeks following his arrest for enticing a minor, Robertson again attempted to entice a teen on the internet. When he arrived at the planned location to engage in sexual activity, he was arrested again. Robertson admitted to being attracted to young teens and claimed he also viewed child pornography. Following his second arrest, his bail was listed at a hefty $100,000.

Enticing a minor

Utah Code 76-5-401 states “A person commits enticement of a minor when the person knowingly uses the Internet or text messaging to solicit, seduce, lure, or entice a minor, or to attempt to solicit, seduce, lure, or entice a minor, or another person that the actor believes to be a minor, to engage in any sexual activity which is a violation of state criminal law.” The punishment for enticing a minor depends on the type of sexual activity the suspect intended to engage in with the minot. Section 76-5-401 goes on to explain that “Enticement of a minor . . . is punishable as follows:

(a) enticement to engage in sexual activity which would be a first degree felony for the actor is a . . . second degree felony upon the first conviction . . . ;
(b) enticement to engage in sexual activity which would be a second degree felony for the actor is a third degree felony;
(c) enticement to engage in sexual activity which would be a third degree felony for the actor is a class A misdemeanor;
(d) enticement to engage in sexual activity which would be a class A misdemeanor for the actor is a class B misdemeanor; and
(e) enticement to engage in sexual activity which would be a class B misdemeanor for the actor is a class C misdemeanor.”

Double or subsequent charge

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The charges against Robertson would have been a first degree felony had he committed the act he intended to do with the young teen, so he is now facing multiple second degree enticement charges as explained above. It has not yet been stated whether or not he will be facing those charges together or individually, one right after the other, otherwise known as a subsequent charge. Section 76-5-401 warns that a second or any subsequent conviction of a second degree enticement charge is. . . “punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life”.

Knowing he’s a danger

Robertson committed these crimes against minors, but he also knew that he had a problem. By voicing to authorities his sexual feelings toward minors and admitting he was a danger to children, he was putting the safety of potential victims in the hands of the judicial system. Releasing him on an obtainable bail the first time set him up to fail a second time while also putting those around him in danger. Anyone facing criminal charges, regardless of whether or not they have a mental health issue is encouraged to be represented by a qualified attorney.