Third District Judge Judith Atherton dismissed a first-degree felony count of aggravated sexual abuse of a child against Kyle Saucier after prosecutors said they could not go forward because of "witness problems."
Prosecutor Alicia Cook said there was "a refusal to participate in the process" by the boy and his mother.
Charges were brought against Saucier, 22, in 2007 after the boy told a Salt Lake County sheriff's detective the missionary inappropriately touched him on Christmas Eve 2006.
The boy and his mother had gone to Saucier's Holladay apartment to give him a Christmas present. Saucier allegedly gave the boy a hug, reached into the boy's pants, and touched the boy's penis, according to charging documents.
The case had been scheduled to go to trial next week. The offense is punishable by six, 10 or 15 years to life in prison.
Saucier, a native of Louisiana, was "relieved of his calling" in January 2007 after church officials learned of the allegations against him, according to defense attorney James Lewis.
Lewis said the dismissal will allow his client a fresh start.
"It's like the weight of the world has been lifted off him," Lewis said.
Saucier plans to return to Louisiana and resume activities in his LDS Church ward, the defense attorney said.
"He'll look to find a job back there. Get back to society there. He wants to get married and move on with his life," Lewis said.
Prosecutors could attempt to refile the case, but seldom do in cases where the victim refuses to cooperate, Cook said.
mrogers@sltrib.com
