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Aggravated Exploitation of Prostitution

Utah Code Section: 76-10-1306

Elements

 

76-10-1306.  Aggravated exploitation of prostitution. 

(1)A person is guilty of aggravated exploitation if:

(a)in committing an act of exploiting prostitution, as defined in Section 76-10-1305, the person uses any force, threat, or fear against any person;

(b)the person procured, transported, or persuaded or with whom the person shares the proceeds of prostitution is a child or is the spouse of the actor; or

(c)in the course of committing exploitation of prostitution, a violation of Section 76-10-1305, the person commits human trafficking or human smuggling, a violation of Section 76-5-308.

(2)Aggravated exploitation of prostitution is a second degree felony, except under Subsection (3).

(3)Aggravated exploitation of prostitution involving a child is a first degree felony.

(4)Upon a conviction for a violation of this section, the court shall order the maximum fine amount and may not waive or suspend the fine.

 

 

Defenses

The defenses to a charge of Sexual Abuse of a Minor are typically: (1) challenging whether the alleged contact occurred; (2) challenging the requisite intent, specifically, claiming that the contact was incidental or unintentional (like picking up a child or changing a diaper); (3) challenging whether the Defendant was in fact in a position of "special trust" with the alleged victim.

The defense of these cases frequently require a jury to make a credibility determination between a child victim and an adult defendant.  Cross examining a child is a very delicate matter and must be done carefully so as not to alienate the jury but still have a robust and effective cross examination.  Such a cross examination requires an attorney with considerable skill and expertise.

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Sex Offender Registration

 

 

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DNA Specimen

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Jail/Prison time, fines & restitution

 

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Removal from Sex Offender Registry in 5 Years

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There is a possibility of removal from the sex offender registry within 5 years of the termination of the sentence (the end of probation) under the following conditions:

 

The offender was convicted of:

(1) Kidnapping, and the conviction is the only conviction for which the offender is required to register;

(2) Unlawful Detention, and the conviction is the only conviction for which the offender is required to register;

(3) Unlawful sexual activity with a minor and, at the time of the offense, was not more than 10 years older than the victim; or

(4) Unlawful sexual conduct with a 16 or 17 year old, and at the time of the offense, was not more than 15 years older than the victim;

 

Requirements:

(b)five years have passed since the completion of the offender's sentence;

(c)the offender has successfully completed all treatment ordered by the court;

(i)the offender has not been convicted of any other crime, excluding traffic offenses, as evidenced by a certificate of eligibility issued by the bureau;

(ii) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;

(e)the offender has paid all restitution ordered by the court;

(f)the offender has complied with all the registration requirements at all times as required in this chapter, as evidenced by a document obtained by the offender from the Utah Department of Corrections, which confirms compliance; and

(g)the office that prosecuted the offender, and the victim, or if the victim is still a minor, the victim's parent, are notified and provided with an opportunity to respond in accordance with Subsection (3)(a).