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SALT LAKE CITY -- Former Utah House Majority Leader Kevin Garn could face some legal scrutiny after his admission of a hot tub skinny-dip with an underage girl in 1985.
Lawyers say the potential challenges for prosecutors, though, include statutes of limitations, Cheryl Maher's age at the time and Maher's willingness to file a complaint with police.
"Depending upon what facts they have and what crimes they could charge, there are a list of things here for which there is no statute of limitations," attorney Marguerite Driessen told KSL Newsradio's "Doug Wright Show" Monday.
Driessen says the crime that fits what Garn has publicly admitted is sexual abuse of a child -- which is on the list as having no statute of limitations.
"Prancing around naked in front of children can be prosecuted as sexual abuse of a child," Driessen said.
Sexual abuse of a child, and many other offenses on the list, however, are based on the definition of a child being under the age of 14. Maher was 15.
Another attorney tells KSL Newsradio obstruction of justice and witness tampering could potentially get a look from prosecutors, but most likely Maher would have to file a complaint with police for any investigation to proceed. That attorney says police wouldn't want to be accused of a "fishing expedition" if they initiated an investigation.
Additionally, prosecutors would have difficulty determining how the statutes that applied in 1985 have changed today, the attorney said.
Maher told KSL Newsradio Monday she "absolutely" is not considering, and has not considered, filing a complaint with police.
E-mail: aadams@ksl.com
