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San Bernardino Sex Crimes Defense Attorney

California Sexual Battery Law

California Penal Code 243.4

Felony sexual battery in California under Penal Code Section 243.4 is the non-consensual touching of the intimate part of (or by) a restrained victim done for sexual gratification or abuse. The penalty or punishment for felony sexual battery in California is up to four years state prison; for misdemeanor sexual battery up to one year county jail.

Conviction of sexual battery as a felony or misdemeanor requires registration as a sex offender under California law Penal Code 243.4.

If you, a family member or a friend have been accused or charged with sexual battery in Los Angeles, Orange, San Bernardino, or Riverside County, consult with one of our criminal defense attorneys as quickly as possible.

Below is a modified version of the California Judicial Council's jury instruction describing what the prosecution would have to prove in order for a defendant to be convicted of sexual battery in California:

The Crime of Sexual Battery

Penal Code Section 243.4

The defendant is charged with sexual battery.

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant or an accomplice unlawfully restrained a victim;

2. While the sexual battery victim was restrained, the defendant touched an intimate part of her body, or caused her to touch his own intimate part, or caused her to touch the intimate part of someone else;

3. The touching was done the sexual battery victim's will;

AND

4. The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.

An intimate part is a female's breast or the anus, groin, sexual organ or buttocks of anyone.

Contact must have been made with the bare skin. This means that:

1. The defendant must have touched the bare skin of the sexual battery victim's intimate part; OR

2. the sexual battery victim's bare skin must have touched the defendant's or third person's intimate part either directly or through clothing.

Someone is unlawfully restrained when his or her liberty is controlled by words, acts, or authority of another and the restraint is against his or her will. Unlawful restraint requires more than just the physical force necessary to accomplish the sexual touching. A person does not unlawfully restrain someone if he or she only uses lawful authority for a lawful purpose.

A touching is done against a person's will if that person does not consent to it. To consent, a person must act freely and voluntarily and know the nature of the touching.

A person is an accomplice if he or she is subject to prosecution for the identical crime charged against the defendant. Someone is subject to prosecution if he or she personally committed the crime or if:

1. He or she knew of the criminal purpose of the person who committed the crime;

AND

2. He or she intended to, and did in fact, aid, facilitate, promote, encourage, or instigate the commission of the crime or participate in a criminal conspiracy to commit the crime.