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Sexual Battery

Utah Code Section: 76-9-702.1

Elements

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.

(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, Subsection 76-5-404.1(2);

(i)aggravated sexual abuse of a child, Subsection 76-5-404.1(4);

(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)For purposes of Subsection 77-41-102(17) 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. 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.

 

 

Defending a Sexual Battery Case

 

 

Sex Offender Registration

 

A defendant does not have to register as a sex offender for a first conviction of sex battery in Utah.  However, if a defendant collects 4 convictions for sex battery, 4 convictions of lewdness, or a mix of 4 total sexual battery and lewdness convictions, he/she will be required to register for a period of ten years, per UCA  77-41-102 and 77-41-105.  

Jail/Prison time, fines & restitution

 

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DNA Specimen

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Removal from Sex Offender Registry in 5 Years

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There is a possibility of removal from the sex offender registry within 5 years of the termination of the sentence (the end of probation) under the following conditions:

 

The offender was convicted of:

(1) Kidnapping, and the conviction is the only conviction for which the offender is required to register;

(2) Unlawful Detention, and the conviction is the only conviction for which the offender is required to register;

(3) Unlawful sexual activity with a minor and, at the time of the offense, was not more than 10 years older than the victim; or

(4) Unlawful sexual conduct with a 16 or 17 year old, and at the time of the offense, was not more than 15 years older than the victim;

 

Requirements:

(b)five years have passed since the completion of the offender's sentence;

(c)the offender has successfully completed all treatment ordered by the court;

(i)the offender has not been convicted of any other crime, excluding traffic offenses, as evidenced by a certificate of eligibility issued by the bureau;

(ii) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;

(e)the offender has paid all restitution ordered by the court;

(f)the offender has complied with all the registration requirements at all times as required in this chapter, as evidenced by a document obtained by the offender from the Utah Department of Corrections, which confirms compliance; and

(g)the office that prosecuted the offender, and the victim, or if the victim is still a minor, the victim's parent, are notified and provided with an opportunity to respond in accordance with Subsection (3)(a).