Sexual Predator Prosecution in Utah ©

Sexual Predator Prosecution in Utah

Sexual crimes are rampant in society and continue to pose an alarming threat. It is important for states to implement laws and statutes that support proper punishments for sex offense crimes and help to prevent the further threat of such offenses. The ways in which these crimes are interpreted and punished have much to do with the jurisdiction. Utah is known for implementing tough sex offense laws and criminal codes, continually changing sentencing and penalties as crimes become more evidently dangerous, and maintaining a position of no tolerance towards sexual predators.

Utah has a steadfast approach to punishing sexual predators and the behaviors associated with sex offenses. The Legislature of Utah seemingly recognizes that sexual offenses and the mere threat of these crimes can stifle the physiological, social and emotional well-being of victims. By executing strict codes that protect victims and uphold the highest possible punishment for sexual predators, Utah aims to make sexual offenses serious crimes with major consequences even after the sentencing is imposed. Utah participates in the sex offender registry program in which sex offenders can be located and the crimes they committed can be publicized. Habitual offenders receive harsh punishments in Utah while the criminal codes involving sex crimes are updated and changed to reflect the growing needs of keeping offenders away from society.

Predacious actions seem to be outlined in the codes of Utah and conduct considered to be predatory is punished with harsher sentences reflecting the habitual behavior of offenders. Most crimes involving illegal sexual conduct will impose a felony conviction and in some minor incidents, a misdemeanor. In Title 75, Chapter 5 under Sexual Abuse of a Minor, a class A misdemeanor will result from any sexual abuse against a child over the age of fourteen that does not amount to rape (Utah Criminal Code, 1998). If rape of a child does occur, the penalty is a first degree felony with a punishment of no less than 25 years, and if physical injury or harm results from the rape, life without the possibility of parole is an option (Utah Criminal Code, 2008). In Title 76, Chapter 5 under Object Rape, if a forcible rape occurs with an object against another person, a first degree felony will be the result with a minimum of five years and up to life imprisonment (Utah Criminal Code, 2008). Sodomy will result in a class B misdemeanor and will warrant a minimum of 5 years in prison (Utah Criminal Code, 2007). If a person is convicted of the serious crime of aggravated sexual assault, the penalty will be a first degree felony with a conceivable sentence of life without the possibility of parole (Utah Criminal Code, 2009). Any combination of misdemeanor or felony sexual offenses will result in much harsher punishments that may include life imprisonment without the possibility of parole (Utah Criminal Code, 2001). In 2007, The Legislature of Utah amended many of the already tough laws against sex offenses, particularly inspired by Jessica’s Law (Gordon, 2008). In accordance with House Bill 89 (2008) there is an expansion of the list of offenses which prohibit probation. This ensures that a variety of serious sex offenses are treated aggressively and keeps the offender incarcerated. Additionally, House Bill 89 (2008) includes increased penalties for sex offenses and life without the possibility of parole for serious repeat sex offenders who demonstrate predatory conduct.

Utah currently takes part in indeterminate sentencing in which the judge has discretion in sentencing a defendant to a range of time established by statutes (Utah Sentencing Commission, 2010). While indeterminate sentencing gives the judge more decision making power than mandatory sentencing would, the Board of Pardons and Parole has more discretion than the judge. This Board decides the length of time an offender stays in prison based primarily on the improvements made by defendant while incarcerated and the seriousness of the offense (Utah Sentencing Commission, 2010). Before the adaptation of this type of sentencing, Utah utilized mandatory sentencing for sex offenses against children back in 1983. However, mandatory sentencing was abolished in 1996 because it became apparent that it was ineffective for the goals of sentencing in Utah (Utah Sentencing Commission, 2006). As stated by the Utah Sentencing Commission, “considerable experience and research indicated mandatory minimums for sex offenses were failing Utah’s justice system, its citizens, and most importantly, the vulnerable victims these mandatory minimum sentences were designed to protect” (Utah Sentencing Commission, 2006, p. 3). A main concern was that the defendants had nothing to lose by going to trial and children were forced to re-live the horrific aspects of their alleged assault in court. After repealing mandatory sentencing and adopting indeterminate sentencing, research has shown that Utah is convicting more sex offenders of first degree felonies and first degree felony sex offense admissions are dramatically increasing (Utah Sentencing Commission, 2006). Furthermore, there are fewer trials for sex offenses as defendants seem to be entering pleas before trial due to the unforgiving method of sentencing that has now been acquired (Utah Sentencing Commission, 2006). This cuts costs associated with trying defendants, makes Utah safer with harsher punishments for sexual predators, and reduces the unnecessary strife of victims and their families.

While the Utah Criminal Code clearly has an abundance of codes aimed to punish sexual offenses that include physical contact, some codes also reflect a disdain against solicitation and attempt of illegal sexual contact. In Title 78, Chapter 5 of the Utah Criminal Code, it states that any person who displays sexually explicit conduct through acts or simulation of masturbation, bestiality, sadistic or masochistic activities, or lascivious exhibition of the genitals or pubic areas of any person will be punished (Utah Criminal Code, 2001). Moreover, Utah has clearly updated the criminal codes to reflect the times in which we live and match the progressive crimes that can occur with ageless sexual acts. In Title 76, Chapter 4 of the Utah Criminal Code, it is prohibited to attempt to lure, seduce, or entice a minor through text messages or the internet (Utah Criminal Code, 2001). Other sexual acts that may not involve physical contact are punished by the state of Utah through various criminal codes. Most of these codes involve crimes against minors. Within Title 76, Chapter 5 of the Utah criminal code, it states that any person guilty of sexual exploitation of a minor by knowingly producing, distributing, possessing or possessing with intent to distribute, child pornography shall receive a felony of the second degree (Utah Criminal Code, 2001). By imposing penalties on crimes that solicit sexual acts, Utah shows that the state looks down upon any actions or behaviors that could cause harm to victims through means other than actual physical contact.

Sexual offenses are horrendous crimes against a person as well as society. Sexual predators continually pose a threat that must be corrected through strong sentencing practices and harsh punishments. Although Utah does impose misdemeanor penalties for some sex offenses, the majority of crimes that can be construed as sexual offenses will bring about a first degree felony and in some cases a possible life sentence. These criminal codes display harsh punishments that fit the crime. By continuing to amend the criminal codes to adhere with the ever-changing crimes that can and do occur, Utah has proven to aim for successful codification and just punishments for the unspeakable acts that are involved with sexually predacious behavior.




References
Gordon, R. (2008). Jessica's law: Utah's approach to sex offenders. Retrieved from http://www.sentencing.utah.gov/Policy/JessicasLawUpdate.

RAINN. (2009). Utah. Retrieved from http://www.rainn.org/pdf-files-and-other-
documents/Public-Policy/Legal-resources/2009-Statutes/09UtahStatutes.pdf.

Utah Sentencing Commission. (2006). A statement regarding Utah's indeterminate sentencing system. Retrieved from http://www.sentencing.utah.gov/Policy/IndetermSentPosition.pdf.

Utah Sentencing Commission. (2010). Utah sentencing commission: frequently asked questions. Retrieved from http://www.sentencing.utah.gov/FAQ.html#link3.

Utah Criminal Code Title 76, Chapter 5 Offenses Against the Person (2001).

Utah Criminal Code Title 76, Chapter 5, § 401.1 (1998).

Utah Criminal Code Title 76, Chapter 5, § 402.1 (2008).

Utah Criminal Code Title 76, Chapter 5, § 403 (2007).

Utah Criminal Code Title 76, Chapter 5, § 405 (2009).

Wimmer, C. (2008). Criminal penalties amendments-including Jessica's law. Retrieved from http://le.utah.gov/~2008/bills/hbillint/hb0256.htm