Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Russell Pietryga
1 Answer | Asked in Juvenile Law for Utah on
Q: Is it legal for a 16 and 21 year old to date in Utah?

Me (I'm 16) and a 21 year old want to be together but don't want to get into any legal trouble.

Russell Pietryga
Russell Pietryga
answered on Jun 18, 2013

Utah Code 76-5-401.2 prohibits a person person from having any sexual conduct with a minor if, the person is 10 or more years older than the minor. The 21 year old is less than 10 years older than you. So, as long as, the sexual conduct is consensual the 21 year old cannot get charged with a... View More

1 Answer | Asked in Criminal Law for Utah on
Q: How much time in prison, per charge, would someone get for sexual exploitation of a minor?
Russell Pietryga
Russell Pietryga
answered on Aug 19, 2012

Sexual exploitation of a minor (Utah Code 76-5b-201)

Degree-2nd Degree Felony

Elements-A defendant commits sexual exploitation of a minor: when they: knowingly produce , possess, or possess with intent to distribute child pornography ; or intentionally distribute or view child...
View More

1 Answer | Asked in Criminal Law for Utah on
Q: In utah is "theft" a felony or a misdemeanor? what is the law code?

The charge is "theft" what degree felony or misdemeanor is it? and what is the lawcode (ex: 76-4-406.1)

Russell Pietryga
Russell Pietryga
answered on Aug 19, 2012

Theft(Utah Code 76-6-404)

Degree- Depending on the facts, theft can be charged as a 2nd degree felony, 3rd degree felony, class A misdemeanor or class B misdemeanor.

Elements-A defendant commits a 2nd degree felony theft when they obtain or exercise unauthorized control over the...
View More

1 Answer | Asked in Criminal Law for Utah on
Q: What are normal conditions of probation for a Class B/C Misdemeanor?
Russell Pietryga
Russell Pietryga
answered on Aug 19, 2012

Depends on the underlying offense. For instance, a DUI class B misdemeanor will have some mandatory terms of probation. Where other offenses may simply have community service, fine, and no further violations.

You would have to tell me exactly what you were charged with before I could tell...
View More

1 Answer | Asked in Criminal Law for Utah on
Q: Do you know what the minimum and max time requirements are for a class 3 felony burglary in tooele county utah?
Russell Pietryga
Russell Pietryga
answered on Aug 19, 2012

Burglary (Utah Code 76-6-202)

Degree- Depending on the facts, burglary can be charged as a 2nd or 3rd degree felony.

Elements-A defendant commits a 2nd degree felony burglary when they enter or remain unlawfully in a dwelling or any portion of the dwelling with the intent to...
View More

1 Answer | Asked in Criminal Law for Utah on
Q: In utah a aggravated assult what are possiable charges
Russell Pietryga
Russell Pietryga
answered on Aug 19, 2012

Degree- An aggravated assault is a 3rd degree felony unless the victim suffers a serious bodily injury , in which case it can be charged as a 2nd degree felony.

Elements- A defendant commits an aggravated assault when they commit an assault and use: a dangerous weapon ; or other means or...
View More

1 Answer | Asked in Criminal Law for Utah on
Q: Do I u need an atty to fight charges including drugs when there has been a past? Can it be fought with public defender?

Charges include Charge1- 58-37-8(1)(A)(III), Charge2-58-37-(2)(D), Charge 3- 76-10-503(3)(A), Charge4- 58-37A-5(1), Charge 5- 76-8-305. My friend does have a past but has completed drug treatment programs and has always followed the ruled of his probation. The case sounds bad but he had only... View More

Russell Pietryga
Russell Pietryga
answered on Aug 18, 2012

It is wise to have an attorney anytime you are charged with a crime. If your friend cannot afford an attorney the court will appoint an attorney to represent him. A public defender is an attorney and they can represent(i.e., fight for)your friend.

The sooner your friend requests a public...
View More

1 Answer | Asked in Criminal Law for Utah on
Q: What does sexual exploitation of a minor 2nd degree felony mean? What qualifies this as a charge?
Russell Pietryga
Russell Pietryga
answered on Aug 16, 2012

In Utah, defendant commits sexual exploitation of a minor: when they: knowingly produce , possess, or possess with intent to distribute child pornography ; or intentionally distribute or view child pornography; or if the defendant is a minor’s parent or legal guardian and they knowingly consent... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.