76-9-702 - Lewdness -- Sexual battery -- Public urination.
76-9-702. Lewdness -- Sexual battery -- Public urination.
(1) A person is guilty of lewdness if the person under circumstances not amounting torape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, or an attemptto commit any of these offenses, performs any of the following acts in a public place or undercircumstances which the person should know will likely cause affront or alarm to, on, or in thepresence 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, thebuttocks, 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) isguilty 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 felonyif 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 hasalso 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 amountingto 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, aggravatedsexual assault, or an attempt to commit any of these offenses intentionally touches, whether ornot through clothing, the anus, buttocks, or any part of the genitals of another person, or thebreast of a female, and the actor's conduct is under circumstances the actor knows or shouldknow 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 alarmto another.
(6) Public urination is a class C misdemeanor.
(7) A woman's breast feeding, including breast feeding in any location where the womanotherwise may rightfully be, does not under any circumstance constitute a lewd act, irrespectiveof whether or not the breast is covered during or incidental to feeding.
Amended by Chapter 354, 2009 General Session
Amended by Chapter 366, 2009 General Session