Section 76–9–702's catchall phrase, "any other act of lewdness" has been interpreted to include things like the "simulation" of masturbation in a public place with the intent to offend. Other examples of a lewd act can including mooning or flashing another person.
A mother breastfeeding a child is never considered a lewd act because the statute specifically excludes breastfeeding even if the skin of the breast or nipple is exposed in the process.
A first or second offense of lewdness is typically charged as a class B misdemeanor. Lewdness involving a child is typically charged as a class C misdemeanor. The penalties are enhanced to a felony if the person has a certain number of prior convictions or is already designated as a sex offender.
If you were charged with lewdness under Section 76-9-702(1) or lewdness involving a child under Section 76-9-702.5, then contact a criminal defense attorney in Salt Lake City, UT.
The attorneys at Brown, Bradshaw & Moffat, LLP in Salt Lake City, represent clients throughout the State of Utah for sexually motivated crimes including lewdness or voyeurism.
Call (801) 532-5297 today.
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Under Section 76-9-702(1), the crime of lewdness is defined to include the following elements that must be proven beyond all reasonable doubt:
Under Section 76-9-702(2)(a), a person convicted of a first or second offense of lewdness is guilty of a class B misdemeanor punishable by a maximum sentence of up to 6 months in jail and a fine of up to $1,000.
The crime of lewdness is enhanced to a third-degree felony, however, if at the time of the violation:
The third-degree felony of lewdness is punishable by up to five (5) years in prison and/or a $5,000 fine.
Crimes related to lewdness including rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, or an attempt to commit any of these offenses.
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The offense of lewdness involving a child, under Section 76-9-702.5, requires proof that the defendant intentionally or knowingly did any of the following to, or in the presence of, a child who is under 14 years of age:
The crime of lewdness involving a child under Section 76-9-702.5 is charged as a class A misdemeanor except that the offense is charged as a third-degree felony if at the time of the violation:
Related offenses to lewdness involving a child include:
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