Utah Sex Crimes often carry 10 year or lifetime mandatory sex offense registration. Early termination off the sex offense registry is very limited.
In the State of Utah, a person is guilty of sexual battery if the person, 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 will likely cause affront or alarm to the person touched.
However, there are instances where it is not considered sexual battery, but something more serious, those instance include but are not limited to:
Forcible sodomy;
Sodomy on a child;
Rape;
Rape of a child;
Object rape of a child;
Sexual abuse of a child;
Aggravated sexual abuse of a child;
Aggravated sexual assault; or
Any attempt to commit any offense outlined above.
Sexual battery is a lesser charge then all of the charges listed above, but it is still a serious offense to have on your record. It can be a registrable sexual offense when you have been convicted of the offense four or more times.” See Utah Code Ann. 77-41-102(17)(xxiv) (2021).
Are you Being Investigated?
Sex crimes often hinge on a She Said, He Said. Where the skill of the cross-examining attorney can make a difference.
The best action you can take is to call a reputable Utah criminal defense attorney to help you through the investigation process. Do not go into a police interview alone, always get an attorney. Today with body camera, or police room interviews, these police interactions are always being recorded and will be used against you in the future criminal case. The police just don’t talk to people unless they think you committed a crime. They have better things to do while on patrol.
Is One Sexual Battery Conviction a Registrable Offense? NO as of 04/22/2021
One sexual battery conviction in Utah is not a registrable sex offense. But the law changes often and you and your attorney should carefully read the Utah Sex and Kidnap Offender Registry at Utah Code Ann. 77-41-101 (2021).
What is the Penalties for a Utah Sexual Battery Conviction?
Jail: Sexual Battery in Utah is a Class A Misdemeanor, punishable up to one year in the county jail.
No Prison. Prison time is not possible unless you are on parole for another offense, or another charged offense is a felony. Example: You are charged with one count of Sexual Battery, a Class A Misdemeanor and Aggravated Assault, a third degree felony. Both counts are charged in the single criminal episode in the Provo Fourth Judicial District Court.
Fine. Up to $1,000.
Probation Terms. Even though a conviction for sexual battery will not send you to prison, often Adult Probation & Parole (“AP&P”) are involved in supervising your probationary term. You can be placed on straight court probation or supervised probation, or a combination of jail and probation, even for a first offense sexual battery. Probation is generally 12 months or longer and sexual assault counseling can be a part of your probationary terms. If the victim is having serious problems and incurring counseling bills, your may be required to pay those counseling bills through criminal restitution.
Courtroom experience matters greatly when you are charged with a Utah sex crime. Actual jury trial experience and time in front of a jury is critical when selecting a sex crimes defense attorney.
Utah The government (prosecutor) must prove the following elements of sexual battery beyond a reasonable doubt to convict you of sexual battery in Utah.
(1). You intentionally touch another person, whether or not through clothing, and
(2). You tough the anus, buttocks, or any part of the genitals of another person, or
the breast of a female person, and
(3). Your conduct is under circumstances you should know, or do know that the touching will likely cause affront or alarm to the person touched.
You can’t accidentally touch someone and be convicted of sexual battery in Utah. Imagine brushing up against someone at a concert. This is not what sexual battery laws are designed to prohibit.
Collateral Consequences of a Sex Crime Conviction
Housing. Landlords can discriminate against sex offenders or anyone convicted a crime in selecting tenants.
Employment. Often employers conduct background checks and can discriminate against you based on your past criminal record. Certain jobs are completely off limits to people with sex crimes on their records.
Where you can visit. The precise areas where a person can visit or not visit are mapped out in the Utah Sex and Kidnap Offender Registry or the terms of your sex offender probation.
Expungement. Generally sexual battery convictions can be expunged. If you are on the sexual offense registry, then you can’t expunge it until you are off the registry.
Has nearly 20 years of experience defending people accused of crimes in the military, and two different states. Experience in court matters when you are facing mandatory minimum prison sentences. Provocriminaldefense.com. Provolawyers.com Jake Gunter (801) 373-6345.
You can read the full statute here:
Effective 5/12/2015
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.
Amended by Chapter 210, 2015 General Session
