Utah law (§76-9-702) states a person is guilty of lewdness if he or she commits one of the following acts in a public place or under circumstances “which the person ought to know would cause alarm to, on or in the presence of another who is 14 years of age or older”:
- Sexual intercourse or sodomy
- Exposes genitals, buttocks, anus or pubic area, or the female breast below the top of the areola
- Any other act of lewdness. This a broad, rather undefined term that is mean to include acts such as mooning or flashing other people; a sexual act, in other words, meant to offend.
A woman breastfeeding cannot constitute as a lewd act, regardless of whether or not the breast is covered during or incidental to feeding (76-9-702).
Punishment and Sentencing Under Utah Law for Lewdness Crimes
§76-9-702 of the Utah Code states a first or second offense of lewdness if a class B misdemeanor punishable by up to 6 months in jail and a possible fine of $1,000.
If, however, at the time in which the criminal act occurred the person committing the crime was a sex offender, or if the person was previously convicted of a violation of lewdness involving a child, or if the person has been previously convicted two or more times of lewdness, the crime is a third-degree felony (§76-9-702).
Third degree felony offenses are punishable up to five years in prison and a possible fine of up to $5,000.
Lewdness Involving a Child
Under §76-9-702.5 of the Utah code, lewdness involving a child occurs when the following acts are committed either in the presence of, or to a child who is under 14 years of age
- Performed an act of sexual intercourse or sodomy
- Exposed genitals, buttock, anus or pubic area, or the female breast below the top of the areola,
- Masturbates, or
- Causes the child under the age of 14 to expose his or her genitals, anus or breast, with the intent to arouse or gratify the sexual desire of the actor or child or,
- Performs any other act of lewdness (§76-9-702.5).
Punishment and Sentencing Under Utah Law for Lewdness Crimes Involving a Child
§76-9-702.5 states lewdness involving a child is a class A misdemeanor. However, the crime may constitute as a third-degree felony if at the time of the violation the actor is a sex offender as defined in §77-27-702.5 or if the actor was previously convicted of a violation in the section of the law.
Attorney for Lewdness Crimes in Salt Lake City, Utah
If you have been charged or think you may be charged with lewdness under §76-9-702 or lewdness involving a child under §76-9-702.5, contact the experienced criminal defense attorneys at Liberty Law. We have over 20 years experience representing clients for sex crimes like lewdness.. Please contact us at 801-709-6309 to receive your free consultation today.