76-9-702.1.  Sexual battery.

(1)  A person is guilty of sexual battery if the person, under circumstances not amounting to an offense under Subsection (2), intentionally touches, whether or not through clothing, the anus, buttocks, or any part of the genitals of another person, or the breast of a female person, and the actor‘s conduct is under circumstances the actor knows or should know will likely cause affront or alarm to the person touched.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204
criminal case

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Terms Used In Utah Code 76-9-702.1

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Conduct: means an act or omission. See Utah Code 76-1-101.5
  • Conviction: A judgement of guilt against a criminal defendant.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(2)  Offenses referred to in Subsection (1) are:

(a)  rape, Section 76-5-402;

(b)  rape of a child, Section 76-5-402.1;

(c)  object rape, Section 76-5-402.2;

(d)  object rape of a child, Section 76-5-402.3;

(e)  forcible sodomy, Subsection 76-5-403(2);

(f)  sodomy on a child, Section 76-5-403.1;

(g)  forcible sexual abuse, Section 76-5-404;

(h)  sexual abuse of a child, Section 76-5-404.1;

(i)  aggravated sexual abuse of a child, Section 76-5-404.3;

(j)  aggravated sexual assault, Section 76-5-405; and

(k)  an attempt to commit any offense under this Subsection (2).

(3)  Sexual battery is a class A misdemeanor.

(4) 

(a)  For purposes of Subsection 77-41-102(18) only, a plea of guilty or nolo contendere to a charge under this section that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.

(b)  This Subsection (4) also applies if the charge under this section has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

Amended by Chapter 123, 2023 General Session