A San Francisco Sheriff’s Office deputy was charged with battery and one misdemeanor count of assault by a public officer after she allegedly touched a female inmate’s breast “without permission or lawful necessity,” prosecutors said Monday.

Nanette Musto, 51, is expected to be arraigned on Tuesday at 9 a.m. at the Hall of Justice in San Francisco for charges that stemmed from an incident that allegedly occurred on Sunday, July 12 at County Jail No. 2, prosecutors said. 

According to court documents, Musto asked a female inmate whether she had surgically augmented her body after hearing rumors being spread by other inmates at the jail, officials said. When the inmate responded, Musto reached out and touched the inmate’s breast, officials said.

The incident was allegedly captured on jail surveillance footage, and the inmate reported feeling humiliated and embarrassed, officials said.
Authorities did not specify whether the battery charge, which is a “wobbler” in California, would be prosecuted as a misdemeanor or a felony.

In California, battery is most commonly charged as a misdemeanor, but can be upgraded to a felony if there are aggravating circumstances, such as if the act caused significant physical injury or was inflicted against a protected victim.

The case remains active, although charges have been filed. 

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This article originally published at San Francisco sheriff’s deputy charged after allegedly touching inmate’s breast.