Sexual Battery, Penal Code Sections 243.4(a) – (e)(1)

Sexual Battery Laws in California – What You Need to Know

Sexual battery can be a confusing crime. Lots of people wonder – what exactly is sexual battery? When does a touch turn into a crime? This article will break it down for you.

What is Sexual Battery?

In California, sexual battery is when someone touches someone else’s private parts without their permission. The legal name for sexual battery is “sexual assault.” It’s covered under California Penal Code Section 243.4.

Private parts means the breasts, butt, or genital area of a man or woman. Touching these areas without consent is sexual battery.

Types of Sexual Battery

There are a few different types of sexual battery under the law:

• Touching someone’s private parts when they don’t want you to – even if they don’t try to stop you. This is the most common type.
• Touching an unconscious person’s private parts.
• Touching a person’s private parts by lying about doing it for a professional reason like a medical exam.
• Forcing someone who is restrained to touch themselves or someone else in a sexual way.

Punishments for Sexual Battery

Sexual battery can either be a misdemeanor or a felony. That means it can either be a minor crime or a serious crime.

If there were no special circumstances, sexual battery will likely be a misdemeanor. The punishments can be:

• Up to 6 months in county jail
• A fine up to $2,000
• Probation

But if certain circumstances apply, sexual battery becomes a felony. The punishments can then be:

• 2 – 4 years in state prison
• Up to $10,000 fine
• Having to register as a sex offender

Examples of circumstances that make it a felony are if the victim was unconscious, medically unable to resist, or forced to masturbate someone.

Real Life Examples of Sexual Battery

Let’s look at some fictional but realistic examples of sexual battery:

Example 1: The Misunderstanding

John and Mary are at a party. They’ve been flirting all night. John leans in to kiss Mary, but she turns away – she actually has a boyfriend. John feels embarrassed. He touched her in an intimate way without consent, but he thought she was interested.

This is still sexual battery, even though John didn’t mean harm. Mary could report it to the police if she wanted. But because there were no special circumstances, it would likely be a misdemeanor.

Example 2: The Deception

Jenny goes to see Dr. Smith for a check-up. During the exam, Dr. Smith begins touching Jenny in a sexual manner. Jenny is shocked and asks what he’s doing. Dr. Smith says it’s part of the medical exam.

But he lied – he touched Jenny for his own sexual pleasure, not for medical reasons. This is sexual battery, and because he abused his role as doctor, it’s a felony.

Example 3: The Assault

One night after a party, Jake forces himself on his very drunk friend Amy. Amy is barely conscious and unable to stop him from touching her body.

Because Amy was so impaired, this is a clear case of felony sexual battery. Jake took advantage of her inability to resist or understand what was happening.

Defending Against Sexual Battery Charges

There are a few main defenses people use against sexual battery charges:

• False accusation – You can argue the alleged victim is lying about what happened.
• Mistaken identity – You can claim you’re being confused with someone else.
• Consent – You can argue the touching was consensual, even if the other person now claims otherwise.
• Accident – You can say any intimate touching was accidental and not for sexual reasons.

An experienced criminal defense lawyer can help argue these defenses and protect your rights. Don’t hesitate to contact one if you’ve been accused.

Takeaways

• Sexual battery is touching someone’s private parts without their consent.
• It can either be a misdemeanor or a felony depending on circumstances.
• Punishments range from probation to years in prison.
• There are viable defenses, like false accusations and consent.
• Talk to a lawyer right away if you’ve been charged.

Understanding what is and isn’t sexual battery can help everyone avoid accusations. But if you are accused, stay calm and get legal help. This complex law contains many defenses to explore.