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STATE v. ARCARIS

No. 990752.

20 P.3d 328 (2001)

2001 UT 15

STATE of Utah, Plaintiff and Appellant, v. Timothy ARCARIS, Defendant and Appellee.

Supreme Court of Utah.

February 16, 2001.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Kenneth A. Bronston, Asst. Att'y Gen., Salt Lake City, Craig C. Halls, Monticello, for plaintiff.

Loni F. DeLand, Michael R. Sikora, Salt Lake City, for defendant.

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 victims "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...

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