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Russell Pietryga

  • Appeals & Appellate, Criminal Law, Domestic Violence ...
  • Utah
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Practice Areas
  • Appeals & Appellate
  • Criminal Law
  • Domestic Violence
  • DUI & DWI
  • Juvenile Law
  • Traffic Tickets
Additional Practice Area
  • Constitutional Law
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Utah
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Languages
  • English: Spoken, Written
Education
Thomas M. Cooley Law School
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Eastern Michigan University
Public Law and Government
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Professional Associations
Utah State Bar  # 08428
Member
Current
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Utah Criminal Defense Associtation
Member
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Legal Answers
8 Questions Answered

Q. Is it legal for a 16 and 21 year old to date in Utah?
A: 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 crime. Hope this helps.
Q. How much time in prison, per charge, would someone get for sexual exploitation of a minor?
A: 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 pornography; or if the defendant is a minor’s parent or legal guardian and they knowingly consent to or permit the minor to be sexually exploited. Fine-2nd degree felony: A fine not to exceed $10,000 , plus a 90% surcharge. Restitution-The court may require the convicted person to pay restitution. Imprisonment-2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years. Sexual Offender Registration-Lifetime registration. DNA Specimen Analysis-A defendant convicted of a 2nd degree felony sexual exploitation of a minor must provide a DNA specimen. Firearms-May not posses, use or have control of a firearm or ammunition for life. Hope this helps.
Q. In utah is "theft" a felony or a misdemeanor? what is the law code?
A: 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 property of another with the purpose to deprive them thereof and the value of the property or services stolen is or exceeds $5,000; property stolen is a firearm or an operable motor vehicle; the defendant was armed with a dangerous weapon at the time of the theft; or the property is stolen from the person of another. A defendant commits a 3rd degree felony theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and the value of the property or services stolen exceeds $1,500 but is less than $5,000; the defendant has been twice before convicted of: attempted theft; theft; any robbery; any attempted robbery; any burglary with intent to commit theft; any attempted burglary with intent to commit theft; any offense under Utah Code 76-6 5, Fraud; or any attempt to commit an offense under Utah Code 76-6-5, Fraud. A defendant commits a 3rd degree felony theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and, in a case not amounting to a 2nd degree felony, the property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes. (Note, any defendant convicted of under this section is civilly liable for 3 times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees. A defendant commits a class A misdemeanor theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and the value of the property or services stolen is or exceeds $500 but is less than $1,500. A defendant commits a class B misdemeanor theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and the value of the property or services stolen is less than $500. Fine-2nd degree felony: A fine not to exceed $10,000 , plus a 90% surcharge. 3rd degree felony: A fine not to exceed $5,000 , plus a 90% surcharge. Class A misdemeanor: A fine not to exceed $2,500 , plus a 90% surcharge. Class B misdemeanor: A fine not to exceed $1,000 , plus a 90% surcharge. Restitution- The court may order a defendant convicted of this crime to pay restitution. Imprisonment-2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years. 3rd degree felony: A term of imprisonment not to exceed 5 years. Class A misdemeanor: A term in jail not to exceed 1 year. Class B misdemeanor: A term in jail not to exceed 6 months. DNA Specimen Analysis-A defendant convicted of a class A misdemeanor, 2nd degree felony or 3rd degree felony theft must provide a DNA specimen. Hope this helps.
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1547 Bryan Avenue
Salt Lake City, UT 84105
Telephone: (801) 505-1586