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Author Archives: Darren Levitt

Utah Amends Sex Offender Registry

Representative Craig Hall saw eight of the 10 bills he was the chief sponsor on pass during the 2017 General Legislative Session in Utah. One success was the passage of House Bill (HB) 380, which Governor Gary Herbert signed on March 28. Hall’s website claims that individuals are required to register as sex offenders for […]

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Increased Penalties for HIV/AIDS Sex Offenders in Utah

On March 28, Governor Gary Herbert signed House Bill (HB) 369, adding a new section to the sentencing part of the punishments chapter of the Utah Code. HB 369 enacts Utah Code § 76-3-203.12, “Enhanced penalty for sexual offenses committed by a person with Human Immunodeficiency Virus (HIV), Acquired Immunodeficiency Virus (AIDS), hepatitis B, or […]

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Utah Makes Rape Kit Testing Mandatory

Rape kits (also known as sexual assault forensic exams) frequently contain DNA evidence that can help police arrest and prosecutors convict the alleged offenders who commit sex crimes. Despite the hundreds of thousands of victims who have undergone the incredibly invasive tests that are part of rape kits, numerous such kits have been backlogged and […]

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Utah Adds Synthetic Drugs to Controlled Substances

Governor Gary Herbert signed House Bill (HB) 110 on March 21, resulting in new additions to list of controlled substances under the Utah Controlled Substances Act. HB 110 added the following to the list of controlled substances under Schedule I: 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (also known as U-47700, Pink, Pinky, or U4); Acetyl fentanyl: (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); Butyryl fentanyl: N-(1-(2-phenylethyl)-4-piperidinyl)-N-phenylbutyramide; […]

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Threatening Certain People in Utah Can Be Assault

On March 17, Governor Gary Herbert signed Senate Bill (SB) 235, which modified assault offenses against certain persons to include a threat of violence. Utah statutes for assault against school employees, assault against peace officer or a military servicemember in uniform, and assault against health care provider and emergency medical service worker were amended such […]

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Utah Passes Permanent Continuous Protective Orders

When introducing House Bill (HB) 248 in February, Representative LaVar Christensen said that the bill which would allow victims of domestic violence to seek permanent protective orders (commonly referred to as restraining orders) from individuals convicted of domestic violence would correct a “situation of immense risk of future harm that otherwise still exists.” “No victim […]

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New Gun Restrictions for Domestic Abusers in Utah

“The state needs to be able to protect people from danger,” Representative Brian King said in a January 27 press release announcing his intention to House Bill (HB) 206, which amends provisions relating to certain weapons restrictions relating to domestic violence by expanding the scope of a Category II restricted person. “This bill puts teeth […]

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Utah Legalizes Medical Marijuana Research

In 2014, Governor Gary Herbert signed House Bill (HB) 105, the Utah Industrial Hemp Research Act and Hemp Extract Registration Act. The bill—which exempted individuals with intractable epilepsy who use or possess extract from a cannabis plant, or a mixture or preparation containing cannabis plant material, that is composed of less than 0.3 percent tetrahydrocannabinol […]

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Utah Sees Major Drug Busts

KSL.com reported on March 30 that Salt Lake City police officers seized almost 330,000 doses of drugs in 2016, an astonishing 82 percent increase from the previous year. An officer with the Salt Lake City Police Department told KSL, “We’ve got people coming from not just around the valley, but all over the adjoining counties […]

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Utah Becomes First State to Lower BAC Limit to 0.05

Utah was the first state to lower the legal limit for blood or breath alcohol concentration (BAC) when driving from 0.10 to 0.08 in 1983, so perhaps it is not terribly surprising that the Beehive State appears poised to become the first state to once again further lower the limits. On March 23, Governor Gary […]

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Darren Levitt participates in a variety of legal associations to give you well-rounded, insightful defense strategies.

Member of the
American Bar Association

Member of the Utah
Association of Criminal
Defense Lawyers

Member of the NORML
Legal Committee