At Brown Bradshaw & Moffat, we literally wrote the book on how to defend a sex crime case in Utah. We have successfully defended clients against the most serious of sexual allegations. We have handled every type of sex crime case with a track record of winning these cases at trial. For this reason, Aspotore publishing asked partner Ken Brown to write a chapter in their recently published treatise on "Strategies for Defending Sex Crimes Cases."
Winning these cases requires extensive investigation and preparation for trial. It is important to retain an attorney as early in the case as possible so that your rights are protected.
If you have been charged or are being investigated for a sexually motivated crime, then you need the assistance of an experienced criminal defense attorney who has been through these types of battles before and won.
Attorneys Defending Sex Crimes in Utah
The number of sex offenders incarceration in the State of Utah has more than doubled — to 31 percent of the prison population — since 1996. In fact, Utah's incarceration rate leads surrounding states when it comes to the percentage of prison inmates who are sex offenders.
Utah has some of the most punitive laws in the nation in regards to sexual crimes. The stakes are high as a conviction can result in mandatory imprisonment and mandatory registration as a sex offender.
The lawyers at Brown, Bradshaw & Moffat not only do their best to secure a not guilty verdict at trial but have been successful in obtaining reimbursement of fees after a not guilty verdict. Brown, Bradshaw & Moffat has been in the forefront of seeking reimbursement of fees for public officials accused of wrongdoing, including sex crimes, after an acquittal.
When it comes to defending sex crimes, there is no substitute for experience. The lawyers at Brown, Bradshaw & Moffat, have the experience in successfully defending people who are charged with sex crimes.
Internet Sex Crimes in Utah
The Internet has created a new category of sex crimes. Cases involving possession of child pornography and Internet solicitation come with the threat of a long prison term.
The lawyers at Brown, Bradshaw & Moffat are always looking for unique ways to defend these cases and are making headway in forcing the courts to allow expert testimony offered by the accused to assure that the rights of the accused are fully protected.
Sex Offender Registration
Under Utah Code Ann. § 77-41, the Sex and Kidnap Offender Registry require the Utah Department of Corrections maintain a registry of persons who have been convicted of certain qualifying offenses for at least ten (10) years and perhaps as long as life.
Those qualifying offenses are listed in Utah Code Ann. 77-41-102(9) and (16) of the statute as follows:
- Aggravated sexual assault - 76-5-405
- Aggravated exploitation of prostitution - 76-10-1306
- Aggravated human trafficking - 76-5-310
- Aggravated kidnapping - 76-5-302
- Child kidnapping - 76-5-301.1
- Custodial sexual relations (person in custody under age of 18) - 76-5-412
- Enticing a minor - A Felony or Class A Misdemeanor - 76-4-401
- Forcible sodomy - A Felony - 76-5-403
- Forcible sexual abuse - 76-5-404
- Incest - 76-7-102
- Kidnapping - 76-5-301(1)(c) or (d) Lewdness (4 convictions required for registration): 76-9-702
- Lewdness involving a child - 76-9-702.5
- Rape - 76-5-402
- Rape of a child - 76-5-402.1
- Object rape - 76-5-402.2
- Object rape of a child - 76-5-402.3
- Sexual battery (4 convictions required for registration) - 76-9-702.1
- Sexual exploitation of a vulnerable adult - 76-5b-202
- Sexual abuse of a minor: 76-5-401.1 except under Subsection 76-5-401.1(3)(a)
- Sexual abuse of a child or aggravated sexual abuse of a child - 76-5-404.1
- Sexual exploitation of a minor - 76-5b-201
- Sodomy of a child - 76-5-403.1
- Unlawful sexual activity with a minor - A Felony violation: 76-5-401
- Unlawful sexual conduct with a 16 or 17-year-old - 76-5-401.2
- Voyeurism - A Felony or Class A Misdemeanor - 76-9-702.7
Any charge for conspiring, soliciting or attempting any of these offenses is also included as a qualifying offense under Utah Code Ann. § 77-41. Registration is also required for anyone committed to the Utah State Hospital because of their mental condition and who also have committed or been alleged to have committed any of the listed offenses.
Certain offenders convicted in the State of Utah of one of the qualifying offenses listed below may be eligible to petition the court for early removal from the Utah Sex and Kidnap Offender Registry five (5) years after completion of the sentence:
- 76-4-401 Enticing a minor (Class A misdemeanor offenses only)
- 76-5-301 Kidnapping
- 76-5-401.2 Unlawful sexual conduct with a 16 or 17-year-old (eligible only if at the time of the offense the offender was not more than 15 years older than the victim)
- 76-5-401 Unlawful sexual activity with a minor (eligible only if at the time of the offense the offender was not more than ten (10) years older than the victim)
- 76-5-304 Unlawful detention
- 76-9-702.7 Voyeurism (Class A misdemeanor offenses only)
Sex Offender Registration in Utah - Visit the website for the Utah Department of Corrections and the Sex Offender Registration Program to learn more about SONAR (Sex and Kidnap Offender Notification and Registration). Find information about Utah Code Ann. § 77-41 which requires the DOC to publish certain information in the registry.
Title 76 Chapter 5 Part 4 Section 406 - Visit the website of the Utah State Legislature at Utah.gov to learn more about Section 406, Sexual offenses against the victim without the consent of the victim.
Rules for Sex Offender Registration in Salt Lake City - Visit the website of the Salt Lake City Police Department to learn more about who the Police Department in Salt Lake City is now responsible for the registration of all sex offenders who are off probation or parole or with a previous conviction. Per Utah Code §77-27-21.5, a sex offender must register once every six (6) months depending on the person’s date of birth. The offender is also required to update personal information within three business days of any change in an educational institution, employment or residence.
Real Results in Real Cases
A popular high school teacher was accused of sexually abusing a high school student on several occasions. The teacher faced numerous first-degree felony counts of forcible sodomy and several second-degree felony counts of forcible sexual abuse. Holding firm that he was innocent of the allegations and after a long litigation process and extensive investigation, Brown, Bradshaw & Moffat secured a not guilty verdict on all counts. School District paid legal fees based upon Utah law. Read More »
In 2006, a female junior high school teacher was accused of sexually abusing a 13-year-old female student during the 1994-1995 school years. The teacher faced several felony counts, requiring mandatory prison. After presenting the case to a jury, the jury found the teacher not guilty on all counts. The Utah Supreme Court then ordered that all attorneys' fees be paid by the school district. Read More »
A female defendant was charged with rape and sodomy. Charges against the defendant were dismissed by the prosecution prior to trial following further investigation and insight into the alleged victim's claims.
A defendant was charged with sexual abuse of a child in Provo, Utah. The case was dismissed by the prosecution at the preliminary hearing when, upon cross-examination by Brown, Bradshaw & Moffat attorneys, it was revealed that the victim was unable to identify the defendant or verify the details of her story.
A defendant was charged with ten state felonies involving possession of child pornography after agents from the Utah Internet Crimes Against Children Task Force entered his home and searched and questioned the defendant and his wife. Brown, Bradshaw & Moffat filed a motion to suppress all evidence found and provided facts to the Court that law enforcement officers told lies in order to get into a private citizen's home without a warrant. The District Court granted the motion, agreeing with each argument raised by Brown, Bradshaw & Moffat. The case was dismissed.
Finding a Sex Crimes Defense Lawyer in Salt Lake County
The attorneys at Brown, Bradshaw & Moffat, LLP help men and women charged with sexually motivated crimes throughout Greater Salt Lake including the communities of Copperton Township, Herriman, Holladay, Kearns, Midvale, Magna, Millcreek, Riverton, Southeast and the City of Taylorsville, Utah.
Our criminal defense lawyers fight sex cases throughout Salt Lake County and the surrounding areas including Davis County, Tooele County, Summit County, Morgan County, Wasatch County, and Utah County.
Let us put our experience to work for you. Call today for a free consultation.