Nevares v. M.L.S.

153 I concur in the result the majority reaches, and I also concur with the reasoning in Part ILA of its opinion. I disagree, however, with the majority's reasoning in Part II.B. Utah Code section 78B-6-111 does not limit its application to sexual conduct that occurred in Utah or between Utahns; rather, it applies to all fathers whose paternal rights are based on sexual conduct that would be illegal if it occurred in Utah. It therefore applies to Mr. Nevares.

[ 54 However, although Mr. Nevares's sexual conduct with M.L.S. would constitute a felony under Utah law, it was legal where it…