A Provo man has been sentenced to 90 days in jail and ordered to pay a $1,250 fine following a conviction for sexual abuse of a child, a development that follows a legal history involving a 2017 Utah Supreme Court case. The sentencing marks the conclusion of proceedings involving the defendant, whose legal record includes prior litigation in the Third Judicial District of Salt Lake County.
Legal Background and Prior Litigation
The sentencing follows a legal trajectory that includes a 2017 Utah Supreme Court case, McCamey v. State of Utah, which addressed a grant of summary judgment and the denial of post-conviction relief. That specific case, docketed as 20160785, originated in the Third Judicial District of Salt Lake County under the presiding of Judge Paul B. Parker.
Statutory Definitions and Penalties
Under Utah law, sexual abuse of a child is classified as a second-degree felony. According to the Utah Code, specifically Section 76-5-404.1, a person commits this offense if they touch the buttocks, pubic area, or female breast of a child, or the anus or genitals, whether over or under clothing, with the intent to cause substantial emotional or bodily pain or to arouse or gratify sexual desire.
Legal Standards for Abuse
The legal definition of a child under this statute is an individual younger than 14 years old. The law also identifies various individuals in positions of special trust that increase potential culpability, including coaches, teachers, religious leaders, and healthcare providers. Any touching, however slight, is sufficient to meet the requirements for the violation of the statute.
Court Record Accessibility
The judicial system in Utah maintains these records through the Courts Information System (CORIS). While the public can access summary information through the Xchange system—including names of parties, assigned judges, attorneys, and case outcomes—certain sensitive records remain private. For example, Utah Code of Judicial Administration 4-202.02 protects records related to divorce, custody, and child welfare from public inspection.
Judicial District Jurisdiction
The Fourth Judicial District, which oversees several counties including Utah County, handles various civil and criminal matters. This district includes jurisdictions such as Provo, American Fork, Spanish Fork, and Salem. The district courts are general jurisdiction courts responsible for all felony cases and class A misdemeanors, while justice courts handle most misdemeanors, infractions, and small claims cases.
Historical Record Preservation
The complexity of Utah's judicial records is highlighted by the distinction between different court levels and the preservation of historical files. The Utah Division of Archives and Records Service maintains historical criminal court records dating back to the statehood of Utah in 1850, though many digital collections focus on more recent felony case files.
Legal Conclusion
The legal proceedings involving the Provo defendant highlight the rigorous application of the Utah Criminal Code regarding offenses against the individual. As the state continues to update its statutes, such as the amendments to the sexual offenses section of the Utah Code effective May 6, 2026, the judiciary remains tasked with adjudicating cases involving the protection of minors.