Lewdness in Utah

Some individuals can display behavior in public that is obviously inappropriate, but at what point does it constitute lewdness in Utah?

Lewdness

Photo by: Jen

According to Utah Code 76-9-702, A person is guilty of lewdness if the person under circumstances not amounting to [any sexual assault offense], performs any of the following acts in a public place or under circumstances which the person should know will likely cause affront or alarm to, on, or in the presence of another who is 14 years of age or older:
(a) an act of sexual intercourse or sodomy;
(b) exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area;
(c) masturbates; or
(d) any other act of lewdness.”

Lewdness is a class B misdemeanor unless the person is a repeat offender or a convicted sex offender; in that case, the charge would be raised to a third degree felony.

Lewdness or just inappropriate behavior?

Although the section of Utah Code defining lewdness explains specific ways in which a person could face charges, it then adds “any other act of lewdness” which definition could leave the door wide open to interpretation. The Court of Appeals of Utah addressed one officer’s interpretation of this law in the late 90’s when a 16 year old juvenile was charged with lewdness after he “grabbed ahold of his crotch and shook it up and down” while standing in front of a parked vehicle occupied by a woman. An officer observed this deliberate act of offensive behavior that lasted for an uncomfortable “ten to fifteen seconds” and arrested the teen for class B misdemeanor lewdness.

Not of equal magnitude of gravity

The Court of Appeals of Utah reversed the charges on the teen, stating that “while {the 17 year old’s] gestures were certainly immature and offensive, they are not of similar gravity as the conduct expressly proscribed by [section 76-9-702]”. With a law that could risk being interpreted too harshly by some law enforcement, it is vital to seek representation from an experienced defense attorney if charges such as lewdness ever arise.

How Using Speech Imitation Software Wrong Could Get a Person Thrown in Jail

There is new speech imitation software being created that is making voice cloning easier to do while sounding more realistic. Users beware: certain uses of speech imitation could get a person thrown in jail.

Speech recognition

Speech Imitation

Photo by: Antonio Silveira

Speech recognition is used by millions of Americans every day. Those from older generations who are not savvy on texting may use speech to easily send messages for them. Others frequently use Siri, Alexa, Samsung’s new Bixby, and Google Assistant to ask questions, get directions, order items, and otherwise include these AI assistants to have an active part in their technological lives. These systems are created to recognize a user’s voice and even adjust to better understand voice patterns. After correctly understanding the user’s speech, these AI assistants answer back in their semi-robotic tones, even going as far as to crack a few AI jokes. Now the speech recognition and computer speaking capabilities have gone to an entirely new level by speaking back to us in our own voices.

Speech imitation software

Photo by: SparkCBC

There have been a few different types of speech imitation software on the market, however none of them compare to what the company Lyrebird is creating. Using AI technology, the Canadian company Lyrebird uses a mere 60 second recording of a person’s voice in order to generate thousands of words and phrases. The troubling difference between these older versions of speech imitation software and those produced by Lyrebird, is the voices produced by Lyrebird sounds more realistic, losing the robotic sounds of other AIs. Already on the heels of Lyrebird are other advanced speech imitation software such as VoCo by Adobe, CandyVoice, and VivoText which plans on letting users choose the level of emotion portrayed through the imitated speech.

Illegal uses of the software

Now that this near flawless speech imitation software is here, imitating the speech of people could give user’s hours of entertainment; however it can also come with legal repercussions as well.

• If speech imitation is used to “expose any other living person to public hatred, contempt, or ridicule” and the person “knowingly communicate[d] to any person orally or in writing any information which he knows to be false” as is stated in Utah Code 76-9-404, the person using the voice cloning technology could end up with a class B misdemeanor charge for criminal defamation.

Photo by: Blogtrepeneur

•Speech imitation software could be used to commit identity fraud. Many security measures use other means of protection besides a password. This can include iris or fingerprint scanners as well as facial recognition or voice bio-metrics security software. Voice cloning could open doors for criminals to obtain private information about others or to gain access to otherwise secured accounts. According to Utah Code 76-6-1102, identity fraud is either a third or second degree felony, depending on “the value of the credit, goods, services, employment, or any other thing of value”.

• One crime that can arise from speech imitation software is impersonation of an officer. Whether done as a joke to scare a friend or for more malicious intent, pretending to be an officer in person or by voice can result in charges. Utah Code 76-8-512 states those guilty of impersonating an officer will face class B misdemeanor charges, punishable by up to six months in jail and a fine up to $1,000.

Photo by: CPOA

• One of the most malevolent ways speech imitation software could be used is by making it sound like someone admitted to committing a crime. If used this way, the person whose voice was imitated may be the one facing criminal charges. Since voice recordings may be used in court unless there is a lack of predicate, an imitated recording of someone confessing to a crime could mean the difference between whether or not someone goes to jail for a crime they didn’t commit.

• All the criminal charges detailed above can also be accompanied by civil charges brought on by the individuals who were victimized by the speech imitation.

Imitate responsibly

As with any technology, users should always follow the guidelines that would accompany speech imitation software and refrain from using the software illegally. For more information on legal ramifications of speech imitation, contact a criminal defense attorney.

Minor Traffic Accident Escalates to Assault with a Vehicle

A minor traffic accident in southern Utah quickly escalated to assault with a vehicle after a driver decided he didn’t want to stay at the scene.

Fender Bender

Assault with a Vehicle

Photo by: Charles Wagner

20 year old Ethan Campbell Hansen of St. George, Utah was arrested for multiple misdemeanors as well as four felonies after being involved in a minor traffic accident during holiday festivities last week. The rear-ending accident itself was minor and would have likely ended in a traffic violation for Hansen of following too close. Unfortunately, the fender bender was just the beginning.

Traffic violation vs felony charges

Instead of waiting for police to come investigate the accident, Hansen attempted to flee. Two pedestrians were struck by Hansen’s vehicle, suffering minor injuries, while multiple others were able to get out of harm’s way. It was only then that Hansen decided to stay on scene. After authorities were able to obtain Hansen’s true identity and restrain him, he was booked into Purgatory Correctional Facility. His charges include:

• Two Class C misdemeanors for criminal mischief and leaving the scene of a pedestrian accident;

• Two Class B misdemeanor for interfering with an arrest and failing to disclose identity;

• One third degree felony for assault by a prisoner; as well as

• Three other third degree felonies for aggravated assault with a vehicle (dangerous weapon).

Assault with a vehicle

Photo by: Dean Strelau

Utah Code 76-5-103 states that “aggravated assault is an actor’s conduct that is
i. An attempt, with unlawful force or violence, to do bodily injury to another;

ii. A threat, accompanied by a show of immediate force or violence, to do bodily injury to another;

iii. An act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and

That includes the use of:

i. A dangerous weapon [any item capable of causing death or serious bodily injury]”

Although no weapons were located on Hansen or in his vehicle, assault with a vehicle has the potential to cause serious injury or death and is categorized along with other weapons when used in an assault.

Go big and go to jail

Photo by: Washington County Sheriff’s Department

With four misdemeanor and four felony charges to face in court, Hansen has the potential to face over 20 years in prison and fines totaling nearly $35,000. No one is sure why Hansen chose to escalate the situation, seeing as he isn’t known to be a violent offender or have any criminal history at all; He may have been simply trying to run away from the problems he caused. Many younger adults are not educated on how to property react to intense situations and fleeing can often seem the best course of action at the time. It is imperative that they are taught the importance of staying on the scene of an accident and not expanding the situation by reacting poorly. Anyone facing charges for a minor or serious offense is encouraged to seek guidance from this point out from a qualified criminal defense attorney.