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Lewdness Involving a Child

Utah Code Section: 76-9-702.5

Elements

 

76-9-702.5.  Lewdness involving a child. 

(1)A person is guilty of lewdness involving a child if the person under circumstances not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses, intentionally or knowingly does any of the following to, or in the presence of, a child who is under 14 years of age:

(a)performs an act of sexual intercourse or sodomy;

(b)exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area:

(i)in a public place; or

(ii)in a private place:

(A)under circumstances the person should know will likely cause affront or alarm; or

(B)with the intent to arouse or gratify the sexual desire of the actor or the child;

(c)masturbates;

(d)under circumstances not amounting to sexual exploitation of a child under Section 76-5b-201, causes a child under the age of 14 years to expose his or her genitals, anus, or breast, if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the child; or

(e)performs any other act of lewdness.

(2)

(a)Lewdness involving a child is a class A misdemeanor, except under Subsection (2)(b).

(b)Lewdness involving a child is a third degree felony if at the time of the violation:

(i)the person is a sex offender as defined in Section 77-27-21.7; or

(ii)the person has previously been convicted of a violation of this section.

 

 

Jail/Prison time, fines & restitution

 

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Prohibition of Firearms

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Sex Offender Registration

 

 

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Defenses

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DNA Specimen

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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).