1. (1) Terms defined in Section 76-1-101.5 apply to this section.

2. (2) An actor commits sexual battery if, under circumstances not amounting to an offense described in Subsection (4):

   1. (a) the actor intentionally touches, whether or not through clothing:

      1. (i) the anus, buttocks, or any part of the genitals of another individual; or
      2. (ii) the breast of a female individual; and
   2. (b) 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. (3) A violation of Subsection (2) is a class A misdemeanor.

4. (4) The offenses referred to in Subsection (2) are:

   1. (a) rape under Section 76-5-402;
   2. (b) rape of a child under Section 76-5-402.1;
   3. (c) object rape under Section 76-5-402.2;
   4. (d) object rape of a child under Section 76-5-402.3;
   5. (e) forcible sodomy under Section 76-5-403;
   6. (f) sodomy on a child under Section 76-5-403.1;
   7. (g) forcible sexual abuse under Section 76-5-404;
   8. (h) sexual abuse of a child under Section 76-5-404.1;
   9. (i) aggravated sexual abuse of a child under Section 76-5-404.3;
   10. (j) aggravated sexual assault under Section 76-5-405; and
   11. (k) an attempt to commit an offense under this Subsection (4).

Amended by Chapter 26, 2026 General Session