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View Diary: UT Legislasture cheers sexual predator! (42 comments)

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  •  76-9-702. Lewdness -- Sexual battery -- Public (3+ / 0-)
    Recommended by:
    vcmvo2, skrekk, Richard Lyon

    76-9-702.   Lewdness -- Sexual battery -- Public urination.

          (1)  A person is guilty of lewdness if the person under circumstances not amounting to rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, or an attempt to commit any of these offenses, performs any of the following acts in a public place or under circumstances which the person should know will likely cause affront or alarm to, on, or in the presence of another who is 14 years of age or older:
          (a)  an act of sexual intercourse or sodomy;
          (b)  exposes his or her genitals, the female breast below the top of the areola, the buttocks, the anus, or the pubic area;
          (c)  masturbates; or
          (d)  any other act of lewdness.
          (2) (a)  A person convicted the first or second time of a violation of Subsection (1) is guilty of a class B misdemeanor, except under Subsection (2)(b).
          (b)  A person convicted of a violation of Subsection (1) is guilty of a third degree felony if at the time of the violation:
          (i)  the person is a sex offender as defined in Section 77-27-21.7;
          (ii)  the person has been previously convicted two or more times of violating Subsection (1); or
          (iii)  the person has previously been convicted of a violation of Subsection (1) and has also previously been convicted of a violation of Section 76-9-702.5.
          (3)  A person is guilty of sexual battery if the person under circumstances not amounting to rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, aggravated sexual assault, or an attempt to commit any of these offenses 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, and the actor's conduct is under circumstances the actor knows or should know will likely cause affront or alarm to the person touched.
          (4)  Sexual battery is a class A misdemeanor.
          (5)  A person is guilty of public urination if the person urinates or defecates:
          (a)  in a public place, other than a public rest room; and
          (b)  under circumstances which the person should know will likely cause affront or alarm to another.
          (6)  Public urination is a class C misdemeanor.
          (7)  A woman's breast feeding, including breast feeding in any location where the woman otherwise may rightfully be, does not under any circumstance constitute a lewd act, irrespective of whether or not the breast is covered during or incidental to feeding.

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