Utah Sexual Battery Lawyer

Being charged with sexual battery or forcible sexual abuse in Utah can have consequences that could affect you for the rest of your life. Having any sort of sex related on your crime can affect future jobs, and is a huge blemish on your record. The penalties can include jail time, hefty fines, and a reputation for acts that you might have been falsely accused of. Let Weber Law help you today.

WHAT IS SEXUAL BATTERY?

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:

• Rape;
• Rape of a child;
• Object rape;
• Object rape of a child;
• Forcible sodomy;
• Sodomy on 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. 

WHAT IS FORCIBLE SEXUAL ABUSE?

Unlike sexual battery, which involves just touching to cause affront or alarm, sexual abuse is when an individual touches the anus, buttocks, pubic area, or any part of the genitals of another, or touches the breast of a female, or otherwise takes indecent liberties with another, with intent to cause substantial emotional or bodily pain to the individual or with intent to arouse or gratify the sexual desire of any individual, without the consent of the other, regardless of the sex of any participant.

Forcible sexual abuse is different from sexual battery in the fact that the person is doing more than just causing alarm, they are looking to emotionally or physically hurt the victim, or looking for arousal or to meet a sexual desire. But again, like sexual battery, there are instances where it cannot be considered forcible sexual abuse, which include but are not limited to:

• Rape;
• Rape of a child;
• Object rape;
• Object rape of a child;
• Forcible sodomy;
• Sodomy on 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.

WHAT IS THE PENALTY?

Sexual battery is a class A misdemeanor in the state of Utah. 

A class A misdemeanor is punishable by up to one-year imprisonment and a fine of up to $1,000.00.

Forcible sexual abuse is a second degree felony but if serious bodily injury occurs to the victim, it is a first degree felony.

A second degree felony is punishable by a term of imprisonment of not less than one year but not more than 15 years.

A first degree felony is punishable by a term of imprisonment of 15 years to life.

Additionally, if you have a record of sex crimes, it could hinder your chances of working in certain places, such as with children, banks, or even a charitable organization.

WHAT SHOULD I DO IF I HAVE BEEN CITED WITH SEXUAL BATTERY IN THE STATE OF UTAH?

It can be a scary and stressful to have pending criminal charges. There is an added note of seriousness to a charge dealing with a sex crime that could affect you for the rest of your life. Weber Law is here to walk you through the process and defend you every step of the way. Weber Law will work to get your citation dismissed or lowered by looking at potential defenses and any evidence associated with the citation. 

Potential defenses include mistakes or accidents, such as not knowing the person was not consenting, lack of evidence, arguing that there was actually no battery occurring, being falsely accused, or looking at the police report to see if they had probable cause for an arrest. 

If you are not sure how to proceed with a ticket, let Weber Law give you the next steps. Let Weber Law help keep your record clean and live your life free of criminal charges. The court room can be intimidating, and this is not a charge you want to face alone. Let Weber Law’s team of experienced lawyers walk you through the process and do the stressing and worrying for you. If you or someone you know have been cited for sexual battery, contact Weber Law today for a consultation.

• Utah Code § 76-9-702.1, Sexual Battery
• Utah Code § 76-5-404, Forcible sexual abuse
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 76-3-301, fines of individuals