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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... Read 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...
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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...
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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...
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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...
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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...
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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... Read 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...
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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... Read more »

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