Lewdness 

Under Utah code 76-9-702, a person is guilty of lewdness if they perform any of the following acts in a public place or under circumstances which the person should know will likely cause affront or alarm to, on, or in the presence of another who is 14 years old or older:

• an act of sexual intercourse or sodomy;
• exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area;
• masturbates; or
• any other act of lewdness.

The 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 include 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.

Attorney for Lewdness Crimes in Salt Lake City, UT

If you were charged with lewdness or lewdness involving a child, contact a criminal defense attorney in Salt Lake City, UT. The attorneys at Brown, Bradshaw & Moffat, LLP, represent clients throughout the State of Utah for sexually motivated crimes including lewdness or voyeurism.

Call (801) 532-5297 today to discuss your case.

Penalties for Lewdness in Utah

Under Utah code 76-9-702, 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 six months in jail and a fine of up to $1,000.

The crime of lewdness is enhanced to a third-degree felony if at the time of the violation:

• the person is a sex offender;
• the person has been previously convicted two or more times of lewdness; or
• the person has previously been convicted of lewdness and has also previously been convicted of lewdness involving a child.

The third-degree felony of lewdness is punishable by up to five years in prison and a $5,000 fine.

Lewdness Involving a Child

Under Utah code 76-9-702.5, the offense of lewdness involving a child 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:

• performs an act of sexual intercourse or sodomy;
• exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area:some text
  • in a public place; or
  • in a private place under circumstances the person should know will likely cause affront or alarm or with the intent to arouse or gratify the sexual desire of the actor or the child;
• masturbates;
• under circumstances not amounting to sexual exploitation of a child, 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
• performs any other act of lewdness.
  

Penalties for Lewdness involving a child

Lewdness involving a child is a class A misdemeanor. Lewdness involving a child is a third-degree felony if at the time of the violation:

• the person is a sex offender; or
• the person has previously been convicted of lewdness involving a child.
  

Find a Defense Lawyer for Lewdness Crimes in Salt Lake City, UT

If you were charged with the crime of lewdness or lewdness involving a child, contact the experienced defense lawyers at Brown, Bradshaw & Moffat. We will help you fight for the best possible outcome to your case. 

Call (801) 532-5297 for a free initial consultation.