Pantless Man Charged with Lewdness, Intoxication, and More

pantless man gets lewdness charges

Photo: Sarah Marie Jones/Wikimedia Commons

Early Saturday morning, Feb. 7, an intoxicated man entered an apartment near a party he had been attending wearing nothing below the waist but a pair of socks. The man was chased by police and arrested for lewdness and other charges.

Several Drinks Too Many

Some parties require the attendees to turn in their keys to ensure no drunk driving incidents, but apparently Austin Jeffery Noble, 21, took this one step further and simply surrendered his pants.

According to a report from KSL News, sometime before 4 a.m. on Saturday, Feb. 7, Noble left a party he was attending and wandered into a nearby apartment wearing nothing more than a hooded sweatshirt, bowtie, and socks. Enter the first potential charges for criminal trespass, burglary, and lewdness.

The arrest affidavit states that at this point, he laid down next to a sleeping 17-year-old girl and began touching her inappropriately. Next potential charges of forcible sex abuse. The girl woke up, and after she and her sister confronted Noble, he fled the apartment.

When police showed up, they found Noble still without his pants. A brief foot pursuit occurred (next charge: failure to stop at the command of a police officer) before police caught up with him. Noble claimed that he didn’t remember anything before the foot chase. A breathalyzer test showed Noble’s BAC at .209, more than twice the legal limit, and added on intoxication to his list of charges. Noble was booked into the Davis County Jail.

No Pants Equals Lewdness

According to Utah Criminal Code 76-9-902, lewdness is defined as an act not amounting to rape, sodomy, aggravated sexual assault, or forcible sexual abuse (which is already on the list for Noble) but which will still cause affront or alarm to one who is over 14 years old. This may include an act of sexual intercourse or sodomy (in the presence of the minor), masturbating, or in the case of Noble, exposing the genitals, female breast below the areola, buttocks, anus, or pubic area.

Lewdness is considered a class B misdemeanor on the first or second conviction, punishable by up to six months in jail and a fine of up to $1,000. However, on the third conviction, or if the person is already a sex offender, lewdness becomes a third degree felony, punishable up to five years in prison and a fine of up to $5,000.

If you or someone you know has been charged with lewdness, contact an experienced criminal defense attorney who knows the law and will look out for your best interests.

Substitute Facing Unlawful Sexual Activity with a Minor

Substitute teacher unlawful sexual activity

Photo: Chris Potter/Wikimedia Commons

Even while case of Brianne Altice, the former Davis High School teacher accused of having sex with three students, is still making headlines, another incident of a substitute teacher being charged with unlawful sexual activity with a minor has come to light. The substitute is obviously no longer teaching and will face her first court appearance Feb. 17.

A Question of Circumstances

According to a report from KSL News, on Jan. 26, Mary Emily Mickelsen, 35, or Salina was charged in the Sixth District Court with eight counts of unlawful sexual activity with a minor. Sevier County School District Superintendent Cade Douglas stated that Mickelsen had been a substitute in the district for “a number of years,” but that she was removed from the roster in early January after the district found out about the allegations and pending charges.

According to the report, the charges against Mickelsen are only dealing with one teen at this point, but the county attorney’s office is apparently looking into whether any additional victims may be out there. Mickelsen’s attorney stated that Mickelsen did not meet the boy through her substitute teaching job, but further information hasn’t been released to confirm or deny that. Regardless of the circumstances, if true, it would still be a case of unlawful sexual activity with a minor.

Unlawful Sexual Activity with a Minor: Third Degree Felony in Most Cases

According to Utah Criminal Code 76-5-401, unlawful sexual activity with a minor occurs if the victim is between 14 years old and 16 years old at the time the sexual activity occurred. The code goes on to describe the activities which constitute “sexual activity,” not including rape, object rape, forcible sodomy, or aggravated sexual assault. However, sexual intercourse, oral sex, anal sex, and the use of foreign objects for penetration all constitute this offense.

Unlawful sexual activity with a minor is a third degree felony in most cases, punishable by up to 15 years in prison and a fine of up to $10,000. However, if the defendant can prove that there was less than four years difference in age between them and the victim at the time of the sexual activity, it considered a class B misdemeanor.

If you or someone you know has been accused of unlawful sexual activity with a minor, don’t leave your fate in the hands of a public defender. Contact an experienced criminal defense attorney.

Wrong Way Driver Charged with Fleeing, Resisting Arrest

wrong way driver resisting arrest

Photo: Lionel Allorge/Wikimedia Commons

A man who was driving the wrong way down a one-way street on Friday, Jan. 30, was arrested and charged after refusing to pull over, then allegedly threatening to shoot the officer, and finally resisting arrest. According to court records, this isn’t the man’s first run-in with the law.

Lots of “Wrong Ways,” Including Resisting Arrest

According to a report from KSL News, the trouble began at approximately 2:20 a.m. on Friday morning. An officer noticed a driver going the wrong way on 500 South, a one-way street. The officer turned on his overhead lights in an attempt to get the driver to turn around and go the correct way, but instead the driver went around the officer.

At this point, the officer added his siren to the mix, but the driver still didn’t stop. Rather than create more danger by starting a wrong-way pursuit, the officer pulled over, called dispatch, and then searched the area, finding the vehicle parked at a residence at 500 South 800 East. According to Salt Lake police detective Dennis McGowan, when the officer approached the vehicle to see if the driver was still inside, he heard something which may have been a threat come from a man on the porch of the residence.

The officer ordered the man, Brent Brown, 43, of Salt Lake City, off the porch and to lie down on the ground. However, a struggle ensued when the officer tried to put on the handcuffs, adding a charge of resisting arrest to Brown’s tally for the morning, including failure to stop at the command of a law enforcement officer.

Detective McGowan said the Brown’s statements were “broken up, disjointed, and unintelligible,” but as of Friday, information hasn’t been released as to whether Brown was intoxicated, although given his lengthy history of DUI and other alcohol related charges and traffic violations, it’s not out of the question.

Resisting Arrest: Class B Misdemeanor

According to Utah Criminal Code 76-8-305, interference with an arresting officer, more commonly known as resisting arrest, occurs when a person “has knowledge, or by the exercise of reasonable care should have knowledge, that a peace officer is seeking to effect lawful arrest or detention of that person or another and interferes with the arrest or detention”.

Resisting arrest can happen if the person uses force or any weapon, refuses to perform any act required by lawful order (such as allowing himself to be handcuffed), or refuses to stop doing something that interferes with the arrest of detention. Resisting arrest is a class B misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.

If you or someone you know has been charged with resisting arrest, don’t leave your defense in the hands of a public defender. Contact an experienced criminal defense attorney who will work on your behalf.