Villanueva v. State

A jury found Victor Villanueva guilty of misdemeanor battery. On appeal, he challenges the trial court’s decision to impose on his probation a special condition that he undergo sex offender therapy.1 Although Villanueva was convicted only of simple battery, the facts in the record indicate that the non-consensual physical contacts underlying the battery involved the touching of a juvenile female’s breasts and buttocks. For this reason, we hold that the trial court could require therapy of this nature as a condition of probation in this case. In addition, we remand with di*1001rections for the…