A 19 year old Utah missionary was sent home early and arrested for sexual extortion of a child.
Social media threats
19 year old Gabe Ryan Gilbert of South Jordan, Utah was arrested for multiple counts of sexual extortion of a child after a dark side to his social media history came to light. A 15 year old female alerted authorities after Gilbert, who was using a pseudo name, threatened to photoshop her face on nude photos of other people if she did not send him actual naked pictures of herself. A task force with the Internet Crimes Against Children (ICAC) researched these allegations of sexual extortion of a child and found evidence of several potential victims of Gilbert. When police attempted to contact Gilbert regarding these crimes, they discovered he had left a couple months after the conversation with the 15 year old to serve a mission for his church. Gilbert was sent home early from his church mission and arrested for sexual extortion of a child.
Sexual extortion of a child
Utah Code 76-5b-204 states “ An individual who is 18 years old or older commits the offense of sexual extortion if the individual:
with an intent to coerce a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an image, video, or other recording of any individual naked or engaged in sexually explicit conduct, communicates in person or by electronic means a threat:
– To the victim’s person, property, or reputation; or
– To distribute an intimate image or video of the victim; or
knowingly causes a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any image, video, or other recording of any individual naked or engaged in sexually explicit conduct by means of a threat:
– to the victim’s person, property, or reputation; or
– to distribute an intimate image or video of the victim.”
Sexual extortion is a third degree felony unless aggravating factors such as physical or emotional harm, the use of a weapon, or other factors listed in section 76-5b-204 occur; in that case, it would be a second degree felony. Sexual extortion of “any individual under the age of 18” is considered aggravated sexual extortion of a child and is a first degree felony.
“Anonymous” internet crimes
Many teens and young adults are under the impression that crimes that occur behind a keyboard and screen don’t “count” as much as similar crimes committed in person. Many also have a false sense of security thinking that they can successfully hide their identity online through fake names and anonymous posting. Apps such as Snapchat, Kik and Whisper all have methods for anonymity or disappearing messaging, leaving users assuming anything they say or do online is not being tracked.Teens should be warned that online crimes are punishable to the full extent of the law and anything they say or do in cyberspace can come back to haunt them. Any teens facing charges for online crimes such as sexual extortion of a child should consult immediately with a juvenile defense attorney.
The trial has been set for a Utah teen charged as an adult for shooting an 18 year old over a drug deal.
Minor drug transaction
In February 2017, 17 year old Issac NacDaniel Patton went to the home of 18 year old Tristan Mogedam to purchase marijuana. During the transaction, Patton brandished a firearm and demanded anything else Mogedam had to offer. Patton then fired several shots at Mogedam as the young drug dealer attempted to retreat inside his residence. One of those shots struck Mogedam in the back, piercing his heart. Mogedam was later pronounced dead.
The sale of marijuana between the 17 and 18 year old was a minor transaction, causing authorities to wonder why it escalated to shots being fired. Patton later told police that he was in a gang and thought the young drug dealer was in a rival gang. Since the crime was gang related, charges against Patton were enhanced.
Charged as an adult
Due to the nature of the charges against Patton as a minor, his case was sent to district court and he was officially charged as an adult with his name going public. Utah Code 78A-6-701 states “The district court has exclusive original jurisdiction over all persons 16 years of age or older charged with an offense that would be murder or aggravated murder if committed by an adult.” Patton is also facing other felony charges:
aggravated robbery, another first degree felony;
second degree felony discharge of a firearm, and
third degree possession of a firearm by a restricted person.
Along with the murder charge, Patton’s other first degree felony and second degree felony would also qualify him as a serious youth offender as stated in Section 78A-6-702 meaning he would be charged as an adult. His four day trial in Salt Lake 3rd District Court is set for January 28, 2020.
Many teens falsely assume their young age grants them immunity against prison time. Any parents with teens who have committed crimes in which they could be charged as an adult should consult immediately with a juvenile defense attorney who preferably handles cases in district court as well.
Several Salt Lake City kids trespassing at a school were charged with burglary and fleeing police after being turned in by their parents.
Missing school already
A passerby of Edison Elementary School in Salt Lake City alerted police when they observed several kids climbing a ladder to access the roof of the school just before midnight. Police responded and were able to apprehend most of the kids while a few ran off. Soon after the kids who ran came back accompanied by their parents. Authorities discovered the teens had broken a skylight on the roof to access the interior of the building and once inside, had stolen electronic items.The kids who were trespassing at the school after hours and during the off season were charged with burglary. The ones who ran and were caught by the police or their parents were charged with fleeing police.
Trespassing vs burglary
Although the kids had committed trespassing at the school, they were charged instead with burglary.
Trespassing – Utah Code 76-2-206 states “A person is guilty of criminal trespass if, under circumstances not amounting to burglary . . . the person enters or remains unlawfully on . . . property and intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti .. . [or] intends to commit any crime, other than theft or a felony”. Since the kids did commit a theft, the trespassing charges are enhanced to burglary.
Burglary– According to Utah Code 76-6-202,”An actor is guilty of burglary who enters or remains unlawfully in a building or any portion of a building with intent to commit [a crime such as] a felony [or] a theft”.
Trespassing on building other than a dwelling is a class B misdemeanor. If someone trespasses and steals something, that is burglary and is punished as a third degree felony.
The teens were booked into a juvenile detention center where they await the repercussions of their actions.It is not known if the kids arrested for burglary had a previous criminal history or if this was just a poor decision made from summer boredom mixed with too much freedom and peer pressure. Regardless, they would greatly benefit from being represented by an experienced juvenile defense attorney.
Two teens from Colorado have been charged in Utah with second degree theft of a vehicle and one teen has been unable to return home for over six weeks.
Utah traffic stop
19 year old Darrell Mitchell of Denver, Colorado and 19 year old Chanel Wideman of the neighboring suburb of Aurora, Colorado were both detained following a traffic stop south of St. George, Utah in early April. The duo were driving over twenty miles above the speed limit prompting a Utah Highway Patrol officer to initiate the stop. Once stopped, the UHP officer discovered the vehicle had been reported stolen from the Denver International Airport. A search was made on the vehicle where a stolen firearm, marijuana, and a large quantity of prescription medication was located in the vehicle as well. Mitchell and Wideman were both detained for multiple felonies including second degree felony theft of a vehicle.
Theft of a Vehicle and other felonies
During questioning, both Mitchell and Wideman claimed personal ownership of the vehicle, firearm, and drugs. Consequently, both were charged. The teens both face multiple felony and misdemeanor charges for the theft of the vehicle, drugs, and the firearm. Theft of vehicle is defined by Utah Code 76-6-412 as a second degree felony, punishable by one to 15 years in prison and a fine up to $10,000. The firearm by a restricted person charge is a third degree felony, punishable by up to five years in prison and a fine as high as $5,000. The drugs with intent is also a third degree felony, with an additional fine and possible prison term added.
Jailed away from home
Both of the teens broke the law and were fittingly arrested. Unfortunately however, Wideman was not financially able to pay the bail and afford the multiple trips back to Utah so she has been sitting in a Utah jail over 600 miles away from her home, family, friends, and job. Wideman would have gone home and returned for her various hearings, yet Utah courts considers her a flight risk as she resides in another state. For this reason her bail has not been reduced like it was for Mitchell, and she remains in Utah. Teens who are barely adults and are free to travel nationwide without their parents should be aware of the laws in which they visit and all the various repercussions should they be placed in jail away from home.
A 19 year old Utah teen has been arrested for attempted homicide charges after he hit intentionally hit a child on a scooter.
19 year old Steven Becky of Draper, Utah was driving erratically down the wrong side of the road when he saw an 11 year old girl walking her scooter. Becky then veered his vehicle from the left lane all the way to the right, striking the girl walking. Following the auto pedestrian accident, Becky was clearly under the influence of drugs and behaved in an aggressive manner to those on scene. When authorities questioned him, he waived his Miranda rights and admitted to hitting the girl intentionally.
Becky was booked into the Utah County Jail on multiple charges including second degree attempted homicide. Utah Code 76-4-101 states “a person is guilty of an attempt to commit a crime if he . . .
(a) engages in conduct constituting a substantial step toward commission of the crime; and
(b) intends to commit the crime; or
(c) when causing a particular result is an element of the crime, he acts with an awareness that his conduct is reasonably certain to cause that result.”
Section 76-4-102 adds “Criminal attempt to commit [homicide] . . is a first degree felony punishable by imprisonment for . . . not fewer than three years and which may be for life”.
Under the influence of drugs not a defense
Police determined that Becky was under the influence of multiple drugs including some hallucinogenics. Utah Code 76-2-305 states “A person who asserts a defense of insanity or diminished mental capacity, and who is under the influence of voluntarily consumed, injected, or ingested alcohol, controlled substances, or volatile substances at the time of the alleged offense is not excused from criminal responsibility on the basis of mental illness if the alcohol or substance caused, triggered, or substantially contributed to the mental illness.” While Becky may have not had control over his actions or intentions while under the influence, he made the choice to take drugs and therefore cannot use that as a defense. Anyone facing charges for criminal activity while intoxicated or high on drugs should consult with legal counsel regarding their options.