An 18 year old Ogden Utah teen was arrested and booked into Elko County Jail in Nevada for having sexual activity with a minor under 14 years old.
Teen younger than 14 years old
18 year old Nathanial Sweat of Ogden was arrested and detained by Elko County Sherriff’s Office in Nevada after the mother of a 14 year old West Wendover girl discovered the two teens were dating and had been intimate on at least one occasion. Although the younger teen involved was 14 when her mom discovered the relationship between the two, the sexual activity presumably took place when the teen was younger than 14 years old as Sweat severe consequences under Nevada Law. According to Nevada Statute 201.230, an 18 year old having sexual relations with a 14 year old is considered a category B felony and is punishable by one to 10 years in prison. If an 18 year old has sexual relations with a teen younger than 14 years old, it is considered a category A felony “and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served . . . “
Utah law differs greatly from Nevada regarding sexual relations with a teen who is 14 or 15 and there is also added leniency depending on the age gap of the two involved. Utah Code 76-5-401 states explains that if an adult commits unlawful sexual activity with a minor who is 14 years old , they will face a third degree felony which is punishable in the state of Utah with up to five years in prison. That statute notes however, that if “the defendant is less than four years older than the minor at the time the sexual activity occurred, the offense is a class B misdemeanor” which is punishable by up 6 months in jail at the most. Now if the minor is younger than 14, say 13 and a half, just as with Nevada law, that charge quickly escalates. In Utah it is considered rape of a child. According to Utah Code 76-5-402.1, there may still be some leniency for adult teenagers however. “If:
i. It is a first time offense for the defendant . . . ;
ii. The defendant was younger than 21 years of age at the time of the offense; and
iii. The court finds that a lesser term . . . is in the interests of justice . . . “
With these considerations, “the court may impose a term of imprisonment of not less than;
i. 15 years and while may be for life;
ii. 10 years and which may be for life; or
iii. Six years and which may be for life.”
Prepare for adulthood, learn the law
Teens who have barely graduated to being an “adult” may be stunned at some of the things that can land them in jail. Even more surprising are how the laws can differ greatly with the age of those involved or where the crimes take place. For any questions regarding Utah law and how it applies to teens or “teen adults”, contact a defense attorney that handles both juvenile as well as adult cases.