Sexual Battery

In the State of Utah, the crime of sexual battery is charged as a class A misdemeanor. Prior to 2012, sexual battery was charged under Utah Code section 76–9–702(3). In 2012 the Utah Legislature amended this provision and recodified it as section 76–9–702.1.

For purposes of Subsection 77-41-102(17) only, a plea of guilty or nolo contendere (no contest), to a sexual battery charge that is held in abeyance or suspension under Title 77, Chapter 2a. 

A plea in abeyance is the equivalent of a conviction even when the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

Attorney for Sexual Battery in Salt Lake City, UT

The attorneys at Brown, Bradshaw & Moffat, LLP represent clients charged with sexually motivated crimes under Title 76 of the Utah Criminal Code including any offenses against public order and decency. Our attorneys are experienced in fighting accusations of sexual battery charged under Utah Criminal Code Section 76-9-702.1.

The mens rea for sexual battery, § 76–9–702.1(1), is a showing that “under the circumstances, the actor knows or should know will likely cause affront or alarm to the person touched.”

Let us put our experience to work for you. Call (801) 532-5297 today.


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Overview of Sexual Battery in Salt Lake County


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Elements of Sexual Battery under Section 76-9-702.1

The crime of sexual battery requires proof of the following elements that must be proven beyond all reasonable doubt:

  1. the defendant intentionally touches, whether or not through clothing;
    1. the anus, buttocks, or any part of the genitals of another person; or
    2. the breast of a female person;
  2. the actor's conduct is under circumstances the actor knows or should know will likely cause affront or alarm to the person touched.

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Offenses Related to Sexual Battery in Utah

Other criminal offenses related to sexual battery include:

  • rape under Section 76-5-402;
    • rape of a child under Section 76-5-402.1;
    • object rape under Section 76-5-402.2;
    • object rape of a child under Section 76-5-402.3;
  • forcible sodomy under Subsection 76-5-403(2);
    • sodomy on a child under Section 76-5-403.1;
  • forcible sexual abuse under Section 76-5-404;
  • sexual abuse of a child under Subsection 76-5-404.1(2);
    • aggravated sexual abuse of a child under Subsection 76-5-404.1(4);
  • aggravated sexual assault under Section 76-5-405; and
  • an attempt to commit any offense under this Subsection (2).

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Utah Sexual Battery Resources

Rape and Sexual Assault | Utah Department of Health ­— The mission of the Utah Department of Health Violence and Injury Prevention Program (VIPP) is “to be a trusted and comprehensive resource for data and technical assistance related to violence and injury.” Visit this section of the VIPP website to learn more about sexual assault and rape. You can also find numerous types of downloadable literature as well as VIPP information and data about other topics.

Utah Coalition Against Sexual Assault (UCASA) — UCASA is a 501(c)(3) nonprofit organization with the mission to “engage individuals and organizations in local and statewide collaborations to strengthen the effectiveness of sexual violence education, prevention, and response in Utah.” Visit this website to learn more about UCASA programs, including the Sexual Assault Prevention Program, Forensic Nursing Program, and Coordinated Community Response. The survivor's section of the website also contains Utah Sexual Violence Crisis Line contact information and a sexual assault services map.


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Find a Sexual Battery Defense Lawyer in Salt Lake City, UT

Were you arrested in Utah for an alleged sexual battery offense? Do not say anything to authorities until you have legal representation. Contact Brown, Bradshaw & Moffat, LLP as soon as possible.

Our Salt Lake City criminal defense attorneys represent residents and visitors in Copperton Township, Millcreek, Riverton, Holladay, Taylorsville, Magna, Kearns, Midvale, Herriman, and many other surrounding areas of Salt Lake County. You can have our lawyers review your case and help you understand all of your legal options as soon as you call (801) 532-5297 to receive a free initial consultation.


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