Sexual Battery

Under Utah Code § 76-5-418, sexual battery involves intentionally touching another individual’s anus, buttocks, or any part of the genitals, or the breast of a female individual, whether or not through clothing. The touching must occur under circumstances the person knows or should know will likely cause affront or alarm to the individual touched. The conduct must not amount to one of the other sexual offenses listed in the statute.

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Sexual battery under Utah law is a class A misdemeanor in Utah. A conviction can result in up to 364 days in jail, a fine of up to $2,500, or both. These are maximum penalties, not an automatic sentence in every case.

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A first Utah sexual-battery conviction, by itself, generally does not require registration on the Utah Sex, Kidnap, and Child Abuse Offender Registry. Under Utah Code § 53-29-202, registration is required when a person has four or more sexual-battery convictions, or a combination of lewdness and sexual-battery convictions totaling four or more. Other registration requirements may apply based on the person’s circumstances, including out-of-state convictions or registration obligations.

For this registry rule, a guilty or no-contest plea to sexual battery or lewdness held in abeyance counts as a conviction, even if the charge is later reduced or dismissed under the agreement.

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Sexual battery requires intentional touching under circumstances the person knows or should know will likely cause affront or alarm. It does not require a specific intent to cause alarm or to arouse or gratify sexual desire.

Forcible sexual abuse under Utah Code § 76-5-404 involves specified touching or taking indecent liberties without consent with a person age 14 or older, with the intent to cause substantial emotional or bodily pain or to arouse or gratify sexual desire. It is generally a second-degree felony punishable by one to 15 years in prison, but it can become a first-degree felony if the person causes serious bodily injury during the offense. A conviction is a registrable offense under Utah’s offender-registry law.

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A sexual-battery charge may be dismissed or reduced, but the outcome depends on the evidence and circumstances of the case. A defense may challenge whether the touching was intentional or whether the circumstances met the statute’s requirement that the person knew or should have known the contact would likely cause affront or alarm. Accidental contact does not satisfy the intentional-touching element.

In an eligible case, a negotiated plea in abeyance may allow a charge to be reduced or dismissed after the defendant successfully completes the agreement’s conditions. It requires the prosecutor’s consent and the court’s approval and is not available in a case involving a sexual offense against an individual under 14. A sexual-battery plea held in abeyance still counts as a conviction for the registry rule described above, even if the charge is later reduced or dismissed.

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