Nevada Hotel Burglary Suspect Arrested in Utah

A Utah woman who was the primary suspect for stealing items from a Wendover, Nevada Hotel and Casino has been arrested on burglary charges.

Scalped hotel reservation

Photo by: Garrett

48 year old Robin Olsen from American Fork, Utah was arrested for burglary after she convinced a couple to purchase her hotel room in Wendover, then proceeded to steal their luggage, person belongings, and a wad of cash from inside it. The couple was able to track their stolen credit card back to Utah, where Olsen was matched to security footage from the hotel and subsequently arrested.

Burglary

Utah Code 76-6-202 defines burglary as when a person “enters or remains unlawfully in a building with intent to commit:

(a) a felony;
(b) theft;
(c) an assault on any person;
(d) lewdness, ( . . . )
(e) sexual battery, ( . . . )
(f) lewdness involving a child ( . . . ) or
(g) voyeurism ( . . . ).”

Code 76-6-202 states: “Burglary is a third degree felony unless it was committed in a dwelling, in which event it is a second degree felony.”

Temporary dwelling

Photo by: Prayitno

Utah County Jail has listed Olsen’s charges as simply “burglary” however, it is likely those charges could be increased to a second degree felony since the crime took place in a hotel room. According to Utah Code 76-6-201, a dwelling is “a building which is usually occupied by a person lodging in the building at night, whether or not a person is actually present.” Since a hotel’s sole purpose is nighttime lodging, that definition of dwelling could apply for any hotel, whether or not the room was vacant or not.

Similar charges across state lines

Olsen was arrested in Utah, however the warrant for her arrest was issued out of Nevada. A second degree felony in Utah is punishable by one to 15 years in prison and a fine of up to $10,000. The same charge in Nevada would be considered a Category B felony, punishable by one to 10 years in prison and a fine of up to $10,000. Since the crime was committed in Nevada, Olsen will likely return there for court and sentencing.

Utah Man Arrested for Exploiting Prostitution

A Utah man was arrested for exploiting prostitution during a human trafficking sting over the weekend in Salt Lake County.

The Pimp

Photo by: Ken

According to a bookings report from the Salt Lake County Jail, 28 year old Roger Dewayne Jessop was arrested on Friday for exploiting prostitution, a third degree felony. Police reports state Jessop was arrested at a hotel after an undercover agent arrived to an arranged meeting with a prostitute and observed that Jessop was the one running the show, causing the female prostitute to offer sex in exchange for money.

Exploiting prostitution

Utah Code 76-10-1305 states: “A person is guilty of exploiting prostitution is the person;

a) Procures a person for a place of prostitution;
b) Encourages, induces, or otherwise purposely causes another to become or remain a prostitute;
c) Transports a person into or within this state with a purpose to promote that person’s engaging in prostitution or procuring or paying for transportation with that purpose;
d) Not being a child or legal dependent of a prostitute, shares the proceeds of prostitution with a prostitute pursuant to their understanding that he is to share therein; or
e) Owns, controls, manages, supervises, or otherwise keeps, alone or in association with another, a place or prostitution or a business where prostitution occurs or is arranged, encouraged, supported, or promoted.”

Sexual solicitation or sex trafficking

Photo by: DualD FlipFlop

Those who “offer or agree to commit any sexual activity with another person for a fee ( . . . )“ are guilty of sexual solicitation, a class B misdemeanor. These charges do not apply if the person offering sex is a victim and doing said acts against their will. It wasn’t noted the age of the prostitute being pimped out by Jessop or whether or not she was a willing participant, however multiple female victims of human trafficking were noted as being rescued during the operation in Salt Lake County. To report information on a possible situation of human trafficking, call the National Human Trafficking Hotline at 1-888-373-7888. For legal aid regarding prostitution charges contact a criminal defense attorney.

 

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.