I feel like people forget Donald was a minor when he allegedly began his "crime spree" ( tongue in cheek) Sorry we're talking about a 10 or 11 year old boy initially. This type of charge against a child is not the same as charging an adult with this type of crime. They can't charge him as an adult vs child unless there is some evidence he did something after a certain age/ and that charge would be based on the severity of the crime. This specific about the statute of limitations on crimes committed by juveniles
https://le.utah.gov/xcode/Title76/Chapter3/76-3-S209.html
Index Utah Code
Title 76 Utah Criminal Code
Chapter 3 Punishments
Part 2 Sentencing
Section 209
Limitation on sentencing for crimes committed by juveniles. (Effective 5/5/2021)
the district court shall impose a sentence consistent with the disposition that would have been made in juvenile court; and
(c) the district court may not impose incarceration unless the court enters specific written findings that incarceration is warranted based on a totality of the circumstances, taking into account:
(i) the time that elapsed after the individual committed the offense;
(ii) the age of the individual at the time of the offense;
(iii) the age of the victim at the time of the offense;
(iv) the criminal history of the individual after the individual committed the offense;
(v) any treatment assessments or validated risk tools; and
(vi) public safety concerns.
Home › Criminal Defense › Sex Crimes › Understanding Sex Crimes
Understanding Sex Crimes In Utah
The state of Utah segments sex crimes involving minors into different classifications each with unique sets of penalties.
Information Center:
Types of Sex Crimes in Utah
What Are Some Types of Sex Crimes Against Children?
Can a Sex Crime be Expunged?
What Crimes Can Make You a Sex Offender in Utah?
Types of Sex Crimes in Utah
What Utah classifies as a “sex crime” can actually include a range of possible offenses. Under the Utah Criminal Code, crimes such as rape, sexual assault, or possession of child pornography area all labeled as a sex offense. However, you may be surprised that some crimes that include little contact are also considered sex offenses. For instance, acts of voyeurism where you take photos of a person’s body without their consent are considered a sex crime in Utah.
The following are some examples of sex crimes under Utah law.
Sexual Assault
Aggravated Sexual Assault
Rape
Object Rape
Forcible Sex Abuse
Bigamy and Polygamy
Incest
Internet Sex Crimes
Lewd Conduct
Prostitution
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Trigger Warning:
What Are Some Types of Crimes Against Children in Utah?
According to the Utah criminal code, there are numerous sex offenses that involve children and minors. Some of these offenses and their penalties are as follows:
Trigger Warning:
Child sex abuse is a charge involving a person 18 years of age or older and a victim younger than 14 years of age. It generally is a second-degree felony unless there are aggravating circumstances. Aggravated sexual abuse of a child, when a child's parent is the defendant, for example, is a first-degree felony and carries a penalty of 6, 10 or 15 years to life. Registration on the sex offender registry is for life.
When sexual intercourse with a person 13 years old or younger is alleged, the charge is rape of a child. A child under 13 cannot consent to sexual intercourse. Object rape of a child is charged when objects other than the defendant's personal body parts are used to rape the child. These charges are first degree felonies in the State of Utah. Mandatory prison time for 25 years up to life is the penalty. Lifetime registration on the sex offender registry is required.
Sodomy upon a child is also a first-degree felony. Sodomy upon a child is commonly referred to as oral sex, involving contact between the mouth, genitals or anus of the defendant and the mouth genitals or anus of a child 13 years old or younger. As with rape of a child, prison time is mandatory, and carries a 25 years-to-life sentence. Lifetime registration is required.
If an alleged victim is 14 or 15 years old, the charge is sexual abuse of a minor, rather than sexual abuse of a child. Depending on the circumstances of the case, sexual abuse of a minor is either a third-degree felony or a class A misdemeanor.
Utah also identifies unlawful sexual activity with a minor as a situation in which sexual activity takes place with persons aged 14 or 15 years old.
These cases are either Class B misdemeanors or third-degree felonies. If sexual activity with a person 16 or 17 years old is alleged to have taken place with a person at least seven years older, a charge of unlawful sexual activity can result.
Trigger Warning:
https://www.utahcriminallaw.net/sexual-assault-statute-limitations/
....Other sex crimes have similar differences. Most of them change their definition depending on whether or not there was penetration of the genitals, where penetration occurred, and what object or body part was used to penetrate the victim. Additionally, some crimes exist to cover not only the sexual nature of the crime, but also the use of force.
Note that while most of these sex crimes have no statute of limitations, there is a statute of limitations for:
Unlawful sexual activity with a minor (a third degree felony);
Sexual abuse of a minor (a class A misdemeanor, or third degree felony); and
Unlawful sexual conduct with a 16- or 17-year-old (a Class A misdemeanor, or third degree felony).
These three crimes have the possibility of being a third degree felony, so prosecution must be started within the four year statute of limitations.
Ultimately, these crimes are more complex than most types of crime.
Utah Passes HB 277, Eliminates Deadline for Civil Child Abuse Claims
“On behalf of victims across the state of Utah,” said Foundation for Survivors of Abuse co-founder Deondra Brown, “we’re excited to know that we can kind of breathe, take our time in healing, and come forward and tackle that big legal case when and if we are ever ready.”
Brown, a survivor of childhood sexual abuse, is an ardent supporter of HB 277. The bill, which was passed unanimously by the Utah House of Representatives and garnered a 24-2 vote of support from the Utah State Senate, eliminated the former four-year deadline, which began counting down once the victim either turned 18 years old or discovered the abuse. The bill’s chief sponsor was Rep. Ken Ivory (R-West Jordan), joined by Senate sponsor Sen. Aaron Osmond (R-South Jordan) and over a dozen co-sponsors.
While the bill won support from the majority of Utah’s legislators, some lawmakers were concerned about the implications of removing the legal deadline. Sen. Scott Jenkins (R-Plain City) and Sen. Gene Davis (D-Salt Lake City) voted against HB 277, with Sen. Jenkins expressing concerns that removing the deadline would increase the risk of unfounded civil claims based on false or distorted memories.
It is important to reiterate that HB 277 affects only civil claims.
HB 277 is now part of the Utah Code under § 78B-2-308.
The law does not encompass all civil suits involving sex offenses, extending only to cover cases involving sexual abuse of children.
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Miranda Rights as concerned with incarceration
Any statements you make during a custodial interrogation can be used against you as long as the police have read you your Miranda rights and you have waived the right to keep silent or have an attorney present.
However, statements you make in response to non-custodial police questioning can still be used against you if the Miranda warning hasn’t been given because Miranda rights only attach to custodial interrogations.
The Supreme Court said Tuesday(Feb, 2012) investigators don't have to read Miranda rights to inmates during jailhouse interrogations about crimes unrelated to their current incarceration.
Doesn't everything you say in jail basically fall under the Miranda act, they tap the phones and anything an officer might hear can be used against a person, it's a given, right?
Once you are in custody, you have the right to remain silent and anything you say..... When I looked it up I understood it was not normally used when a person is already incarcerated. If he was being arrested by officers from Utah maybe he would have had them read to him, if they were going to interrogate him. I think there would have been other legal proceedings before it could get that far. If he was passed to the custody of UT he would have been Mirandized. Would Ronnie Lawson have handed over custody for a few minutes for Utah to interrogate him and hand him back because ... extradition denied? Legalities....
Don Wells sister:
"Mary Howard" met Don when she was 4 years old, don is 1 month younger than her 1964,
Her mother was babysitter for the children, Don's family, consisteing of Dn and 2 sisters, 2, 3 and 4 years old. One year in Don's father and Babysitter started an affair, when he was 11, his siblings were 10 and nine, 2 sisters
Married when she was 11-ish (don (11 ish as well) still married at first, divorced 4 or 5 years later. ( she and D were around 9)
Her mom had 6 children, Don sr had 3,don, sonja(1966) and heidi
When dons dad and marys mom married there were 2 already grown and on their own. So 4 of the steps and 3 of the bios. lived in a tiny 2 bedroom trailer, sister Jeanie** in a small bed with the parents room, and the second BR was bunk beds and everyione else was free range sleeping in a tiny trailer. we were always outside
Relationship with siblings pretty good, they all knew each other from the babysitting, and school, they went to the same school when they were younger while the babysitting...we grew up with htem from the age of 4 or 5
Donny's mom was a drug addicted pill popper. Marys mom and dads marriage rocky from the time she was small.
donny and his sister set a barn on fire when he was 5..."he burnt my dad's barn down (not your dad at the time)!
Teenage years
when he hit about 15 started getting into trouble, stealing from stores, and "stuff like that" "gettin' into trouble" always going, of course he couldn;t go to jail at 15, 16, 17 so he was sent to juvi a couple months a couple weeks, how ever long it took to try and get him on the right track.
1st marriage 1984, 20 yrs old, his wife was 10 years older than him? Mommie issue and abandonment issues
Carol Jean Bovero- AKA Carol Jean Simonson / Jeannie, born Jan 1971
"***candus might have sold her?****" or someting it's just my gut feeling???
Who is Mary Howard aka allegedly Mary Simonsen, allegedly 56 years old, allegedly Donald Well's step sister, daughter of Patricia Simonson / Wells age 77, married to Donald Wells age 83? There is a Debra Simonson age 64 and a Virgil Simonson age 60, There is an associate of Patricia Siminson / Wells named Mary Hartman, age 56 (Mary Simonson/Howard)
