Utah Sex Offenses
Utah has some of the strictest laws in the nation regarding sexual offenses. For example, the minimum mandatory terms for imprisonment regarding certain sexual offenses against children (“Jessica’s Law”; see below) is 25 years in State prison. Further, a court may impose consecutive sentences upon a defendant who is convicted of multiple offenses. These minimum penalties apply even to a person with no prior criminal record. The penalties also include a mandatory requirement for any person convicted of a sex crime to register as a sexual offender. The length of registration depends on the type of offense committed and the time that it was committed. Failure to register as required is an entirely separate and new offense.
Importantly, Utah law provides for enhanced penalties if a defendant has a prior conviction for a “grievous sexual offense.”
Grievous Sexual Offenses
Utah has defined some sexual offenses as Grievous Sexual Offenses. These are set forth in the Utah Code (U.C.A.) and are used in the calculation and consideration of enhanced penalties. If, during the course of trial, the trier of fact (a judge or jury) finds that the defendant has a prior conviction for a Grievous Sexual Offense, the defendants may be sentenced to life in prison without the possibility of parole. These Grievous Sexual Offenses include:
- Rape – U.C.A. § 76-5-402
- Rape of a Child – U.C.A. § 76-5-402.1
- Object Rape – U.C.A. § 76-5-402.2
- Object Rape of a Child – U.C.A. § 76-5-402.3
- Forcible Sodomy – U.C.A. § 76-5-403(2)
- Sodomy on a Child – U.C.A. § 76-5-403.1
- Aggravated Sexual Abuse of a Child – U.C.A. § 76-5-404.1
- Aggravated Sexual Assault – U.C.A. § 76-5-405
Also included are: (a) any felony conviction for an attempt to commit one of the above crimes and (b) any offense committed in another state, territory or district of the U.S. that, if committed in Utah, would constitute one or more of the offenses listed above.
Offenses with Alternative Minimum Sentences
While Utah law requires the court to order a minimum sentence of 15 years to life in prison for many sexual offenses, the court may, in some circumstances, reduce the sentence to ten years to life or even six years to life if the court finds that to be in the best interest of justice. The court must also document that justification on the record. These offenses include:
- Child Kidnapping – U.C.A. § 76-5-301.1
- Aggravated Kidnapping – U.C.A. § 76-5-302
- Rape of a Child – U.C.A. § 76-5-402.1
- Object Rape of a Child – U.C.A. § 76-5-402.3
- Sodomy on a Child – U.C.A. § 76-5-403.1
- Aggravated Sexual Abuse of a Child – U.C.A. § 76-5-404.1
- Aggravated Sexual Assault – U.C.A. § 76-5-405
The following sexual offenses are first-degree felonies and carry a five (5) years to life sentence:
- Rape – U.C.A. § 76-5-402
- Object Rape – U.C.A. § 76-5-402.2
- Forcible Sodomy – U.C.A. § 76-5-403
However, if the trier of fact finds that during the course of the commission of the crime the defendant caused serious bodily injury to another (not necessarily the victim), the court may sentence the defendant to a term of 15 years to life.
Additionally, if the court finds that it is in the interest of justice and states the reasons for this finding on the record, the court may reduce the sentence to ten years to life or even six years to life.
Utah’s “Jessica’s Law” 25 Years to Life
If the current conviction is for one or more of the following three sex offenses that qualify under “Jessica’s Law,” the required mandatory sentence is imprisonment of 25 years to life without the possibility of the court suspending or reducing the sentence in consideration of mitigating circumstances:
- Rape of a Child – U.C.A. § 76-5-402.1
- Object Rape of a Child – U.C.A. § 76-5-402.3
- Sodomy on a Child – U.C.A. § 76-5-403.1
A conviction for an Attempt to Commit (U.C.A. § 76- 4-102) or Solicitation to Commit (U.C.A. § 76-4-204) any of the above three offenses is punishable as a First Degree Felony with a minimum sentence of 15 years to life. If the court finds that a lesser sentence is in the interests of justice and states the reasons for this finding on the record, it may reduce the sentence to 10 years to life, six (6) years to life, or 3 years to life.
Registered Sex Offenders
Registered sex offenders in Utah face serious limitations as to where they can travel, how often they must update their information on the registry, and whether they can invite a child to accompany them anywhere. Additionally, there are protected areas that are off limits to those convicted of sex crimes including daycare centers or preschools, pools open to the public, public or private primary and secondary schools, community parks open to the public, and playgrounds open to the public.
More specific information regarding Utah’s Sex and Kidnap Offender Registry can be found at the Utah Department of Corrections website.
Attorney for Sex Crimes in Utah
If you are under investigation for or charged with a sex crime, you should immediately contact an experienced criminal defense lawyer from Pacific Legal Group. Our lawyers represent clients throughout the state and are ready to meet with you to discuss your case. Call today for a free consultation at (801) 788-4122.