Former Utah teacher faces more charges after teen says they had sex — again

A former Davis High School teacher is facing more felony charges after prosecutors accuse the 35-year-old woman of having sex with a teenage boy after she was arrested and charged for allegedly having sex with several students.

Brianne Altice was charged Tuesday with three counts of unlawful sexual activity with a minor and one count of dealing in harmful material to a minor, all third-degree felonies.

According to an arrest warrant, Altice allegedly had sexual intercourse and oral sex with a 17-year-old boy between November 2013 and August 2014. She is also accused of sending the boy a text message with a photograph of her breasts on June 7, 2014.

Her attorney, Edward Brass, said Thursday that prosecutors allege that the victim in the new case is one of the three teenage boys who have accused her of a sexual relationship while she was their teacher. She is facing 10 felony charges in another case for those alleged sexual relationships.

Because the alleged crimes happened when Altice was out on bail on the other charges — which include five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy and three counts of second-degree felony forcible sexual abuse — prosecutors have asked that a no-bail hold be placed on the former teacher.

However, according to court records, Altice was booked into the Davis County jail on Wednesday and bailed out the same day.

No court date has been set in the new case, according to court records.

Altice was initially arrested in October 2013, and criminal charges were filed against her in December 2013 after a 16-year-old boy told police he had several sexual encounters with Altice between January and September of 2013.

In October 2014, a second teen testified at a preliminary hearing that he was 17 years old when a relationship with Altice took place between April and June of last year — a relationship that began with kissing between class periods and eventually led to intercourse, he said.

A Jan. 15 preliminary hearing is scheduled in 2nd District Court to hear evidence from a third teen, according to prosecutors. According to charging documents, Altice allegedly had sexual contact with that 17-year-old boy between August 2013 and September 2013.

If convicted as charged, Altice faces up to life in prison.

Brass filed a motion in early November asking for separate trials for each of the alleged victims, arguing that the alleged acts were "not part of a common scheme or plan."

Brass said in another motion — filed before charges were filed in connection to the third alleged victim — that Altice claims the sexual relationships didn't happen.

"It is her defense that they did not happen at all," Brass wrote. "That she never engaged in any inappropriate contact with either of her students ... "

Prosecutors say Altice acknowledged to investigators that she had engaged in sex with the 16-year-old boy on two occasions.

But Brass has asked the judge to not allow those statements at her trial, arguing that she was intimidated by the eight to 10 male officers who came to her home last October to interview her about the allegations.

jmiller@sltrib.com

Twitter: @jm_miller