Posts Tagged ‘sex abuse’

Potential Sex Abuse Plea Deal in Utah

Dec
11
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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A former Utah private school teacher waived his preliminary hearing rights in a sex abuse case he’s involved in pending a plea deal with local prosecutors.

Broch DeGraff is accused of multiple sex abuse charges stemming from his alleged relationships with two students at the school he used to teach and coach at. Forcible sodomy and forcible sexual abuse are first and second degree felonies, respectively. His accusers, two 16-year-old girls, were supposedly involved in separate sexual relationships with the defendant from October 2011 to June 2012.

Forcible sodomy is defined as:

• engaging in any sexual act with a person who 14 years old or older involving the genitals of one person and mouth or anus of another person, regardless of the sex of either participant

Forcible sex abuse is:

• one person touching the anus, buttocks, genitals, female breast or otherwise taking indecent liberties with an individual who is at least 14 years old, without his or her consent

A second degree felony conviction carries the potential penalty of 1-15 years in prison, while a first degree felony conviction may send a person to prison for at least 5 years and up to life. Due to the possible severity of such sentences, it’s vital that a person facing criminal charges get immediate assistance from an experienced Utah criminal defense attorney.

You need and deserve top legal representation—no matter what level of criminal charges you’re up against. Protect your reputation and freedom by contacting a Utah criminal defense attorney today.

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Utah Sex Offender Restrictions for Parole

Oct
30
Utah Criminal Defense Blog, on the topic of  Utah Law
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In Utah, a sex offender is any person (adult or juvenile) who is required by law to be registered as a sex offender due to an offense committed against a person who is 18 years old or younger. When a sex offender is eligible for parole in Utah, there are specific locations he is restricted from visiting.

Photo: Paradigm

What are Protected Areas?

Protected areas include:

• any licensed daycare or preschool facility
• any swimming pool open to the public
• a public or private elementary or secondary school not located on the grounds of a correctional facility
• public community parks
• public playgrounds
• under certain conditions, areas 1000 feet or less from an accuser’s (of the particular sex offender) residence

In order for the last protected area listed to be truly off limits, the sex offender must be:

• on parole for a sex offense
• the accuser or his parent or guardian has requested that the offender be restricted from the area
• the offender has been notified in writing and with a physical description of the restricted area

Penalty for Visiting a Protected Area

Generally, it is a class A misdemeanor for a convicted sex offender to stray into a protected area. There are a few exceptions, however:

• The offender needs to be in a protected area to carry out specific parental duties
• When the protected area is a school building and
• It is opened and being used for a public activity and
• Not being used for a school-related function for people 18 years old or younger
• When the protected area is a licensed daycare or preschool facility and
• Is located within a building used for public purposes, services or functions besides the day care facility and the offender doesn’t stray into the preschool/daycare part of the building

Talk to a Utah Criminal Defense Attorney

If you have legal questions or concerns about any criminal case you’re involved in, whether it’s related to a sex offense or other matter, don’t wait to contact a Utah criminal defense attorney. Let your attorney guide you through the sometimes confusing legal process and help you get your life back on track. Make the right phone call today.

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Utah Child Sex Abuse Case Nets Guilty Pleas

Sep
08
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.

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Posted in Hiring a Lawyer, Utah Crime News | No Comments »