Sexual battery, a serious and punishable offense, is the act of touching someone's intimate parts without their consent for the purpose of sexual gratification, arousal, or abuse. This sex crime in California is covered under Penal Code 243.4 and is commonly known as “sexual assault.”
The “intimate parts” under this statute include the genital area, buttocks, or female breasts. Sexual battery in California is a “wobbler” crime, a term used to describe offenses that can be charged as either a misdemeanor or felony, depending on the circumstances and the prosecutor's discretion. This means that the severity of the charge is not fixed and can vary based on the specific details of the case.
A felony-level sexual battery conviction in California carries grave consequences, potentially resulting in the life-altering outcome of being ordered to register as a sex offender, as per California Penal Code 290 PC.
A common example of misdemeanor PC 243.4 sexual battery includes a situation where a man deliberately makes contact with a woman's breast over her clothing without consent. In order to be arrested and charged with sexual battery, there is no requirement that an act of penetration or sexual intercourse occur.
Further, even though you may be in a relationship with the alleged victim, you could still be charged with PC 243.4 sexual battery.
Sexual Battery Defined
California Penal Code 243.4 is the statute that defines sexual battery, which states “Any person who touches an intimate part of another person, against their will, while unlawfully restrained by the accused or an accomplice, if the touching is for the purpose of sexual arousal, gratification, or sexual abuse, is guilty of sexual battery.”
A closely related crime to Penal Code 243.4 sexual battery is Penal Code 261 rape.
Misdemeanor sexual battery charges are common, as the statute's language is broad, and understanding it is crucial. For instance, you could be accused of violating PC 243.4 if you touch someone's intimate parts without consent, and the purpose of the touching was for sexual gratification or arousal.
Under the context of this statute, “touching” means contacting an intimate part of a victim directly on bare skin or through their clothing. As noted, the “intimate parts” of someone's body include the female breast, groin area, anus, or buttocks.
Felony Sexual Battery Case
If you are accused of a felony-level sexual battery case in California, the prosecutor will need to prove several important factors in order to secure a conviction. These elements of the crime and listed within CALCRIM 935 California Criminal Jury Instructions:
- You unlawfully restrained someone,
- While the victim was restrained, you touched an intimate part of their body, or you caused them to touch an intimate part of your body, and
- You touched the victim against their will;
- You touched the victim for sexual arousal, gratification, or sexual abuse.
As noted, “intimate parts” include the victim's anus, groin, sexual organ, buttocks, or female breast. For a felony conviction, the touching must have been on the victim's bare skin, or the victim's bare skin must have touched you directly or through clothing.
What are the Punishments?
The penalties for violating Penal Code 243.4 sexual battery law will vary depending on the circumstances of the case. Sexual battery charges can be filed as a misdemeanor or felony crime known as a “wobbler.”
A prosecutor's decision on how to file the case depends on the details of the case, the defendant's criminal record, and whether any aggravating factors exist, such as any of the following:
- Whether the victim was disabled, mentally ill, or incapacitated,
- Whether the defendant used force to touch the intimate parts of the victim,
- Whether the defendant falsely convinced the victim that the unlawful touching was for a professional reason.
A misdemeanor conviction for sexual battery is punishable by:
- A maximum of six months in a county jail,
- A maximum fine of $2,000,
- Summary probation, and
- Sex offender registration under PC 290.
A felony conviction for sexual battery is punishable by:
- A maximum of four years in a California State prison,
- A fine of up to $10,000,
- Formal probation,
- Lifetime sex offender registration.
Further, a defendant could receive an additional 3 to 5 years if the victim suffered a great bodily injury (GBI) during the commission of the sexual battery offense.
Fighting Sexual Battery Charges
Suppose you are under investigation or already arrested and charged with Penal Code 243.4 sexual battery. In that case, our criminal defense attorneys need to closely examine the details to determine an appropriate strategy for the best possible outcome on the case.
Some of the most common ways to challenge sexual battery charges include:
- Reasonable belief of consent,
- Insufficient evidence,
- False allegation.
The crucial elements of the crime of sexual battery state that the prosecutor has the burden to prove the touching was against the victim's will. We might be able to argue that you had a reasonable belief that the victim consented to the touching. This defense strategy is based on the idea that you genuinely believed the victim was consenting, even if they were not.
Since the vast majority of sexual battery cases do not have physical evidence or victim injuries, we might be able to argue that there is insufficient evidence to obtain a conviction. Perhaps we could use this lack of evidence argument as a bargaining tool for reduced charges.
In some sexual battery cases, a defendant can be falsely accused by an alleged victim who was motivated by anger or jealousy after a relationship ended badly. In such cases, a process known as prefiling intervention might be used to persuade the prosecutor not to file formal criminal charges, highlighting the need for a strong defense.
Cron, Israels & Stark is a top-ranked criminal defense law firm that represents people charged with misdemeanor or felony crimes throughout Southern California. We have two office locations in Los Angeles County. We offer a free case evaluation by calling (424) 372-3112 or contact us online.
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