§ 76-5-418 — Sexual battery.

(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits sexual battery if, under circumstances not amounting to an offense described in Subsection (4), the actor:
(2)(a) intentionally touches, whether or not through clothing:
(2)(a)(i) the anus, buttocks, or any part of the genitals of another individual;
(2)(a)(ii) or the breast of a female individual; and
(2)(a)(iii) the actor's conduct is under circumstances that the actor knows or should know will likely cause affront or alarm to the individual touched.
(3) A violation of Subsection (2) is a class A misdemeanor.
(4) The offenses referred to in Subsection (2) are:
(4)(a) rape under Section 76-5-402;
(4)(b) rape of a child under Section 76-5-402.1;
(4)(c) object rape under Section 76-5-402.2;
(4)(d) object rape of a child under Section 76-5-402.3;
(4)(e) forcible sodomy under Subsection 76-5-403(2);
(4)(f) sodomy on a child under Section 76-5-403.1;
(4)(g) forcible sexual abuse under Section 76-5-404;
(4)(h) sexual abuse of a child under Section 76-5-404.1;
(4)(i) aggravated sexual abuse of a child under Section 76-5-404.3;
(4)(j) aggravated sexual assault under Section 76-5-405; and
(4)(k) an attempt to commit an offense under this Subsection (2).

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session