State v. Arcaris

Utah Supreme Court

State v. Arcaris

2001 UT 15, 20 P.3d 328, 415 Utah Adv. Rep. 5, 2001 Utah LEXIS 25, 2001 WL 128434

CourtUtah Supreme Court

DecidedFebruary 16, 2001

DocketNo. 990752

StatusPublished

This text of 2001 UT 15 (State v. Arcaris) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Arcaris, 2001 UT 15, 20 P.3d 328, 415 Utah Adv. Rep. 5, 2001 Utah LEXIS 25, 2001 WL 128434 (Utah 2001).

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Opinion

HOWE, Chief Justice:

{1 The State of Utah appeals from a final order of dismissal in the prosecution against defendant Timothy Arcaris for multiple counts of rape and sexual abuse. Section 76-5-406(11) of the Utah Code protects vie-tims "14 years of age or older, but not older than 17" from persons more than three years older who entice or coerce them into sexual conduct. The issue before us is whether the protections of that section extend to a victim seventeen years old until she attains her eighteenth birthday. Utah Code Ann. § 76-5-406(11) (Supp.1998).

12 This same issue was raised and decided by this court today in State v. Christensen, 2001 UT 14, 20 P.3d 329. In that case, we held that the trial court had erred in holding that subsection 11 did not protect a victim seventeen years old.

13 For the same reasons stated in our opinion in that case, we reverse the dismissal of the charges against defendant and remand the case to the trial court for further proceedings.

[329]*329I 4 Associate Chief Justice RUSSON, Justice DURHAM, Justice DURRANT, and Justice WILKINS concur in Chief Justice HOWE's opinion.

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HOWE, Chief Justice:

{1 The State of Utah appeals from a final order of dismissal in the prosecution against defendant Timothy Arcaris for multiple counts of rape and sexual abuse. Section 76-5-406(11) of the Utah Code protects vie-tims "14 years of age or older, but not older than 17" from persons more than three years older who entice or coerce them into sexual conduct. The issue before us is whether the protections of that section extend to a victim seventeen years old until she attains her eighteenth birthday. Utah Code Ann. § 76-5-406(11) (Supp.1998).

12 This same issue was raised and decided by this court today in State v. Christensen, 2001 UT 14, 20 P.3d 329. In that case, we held that the trial court had erred in holding that subsection 11 did not protect a victim seventeen years old.

13 For the same reasons stated in our opinion in that case, we reverse the dismissal of the charges against defendant and remand the case to the trial court for further proceedings.

[329]*329I 4 Associate Chief Justice RUSSON, Justice DURHAM, Justice DURRANT, and Justice WILKINS concur in Chief Justice HOWE's opinion.

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Bluebook (online)

2001 UT 15, 20 P.3d 328, 415 Utah Adv. Rep. 5, 2001 Utah LEXIS 25, 2001 WL 128434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-arcaris-utah-2001.

Opinion

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