California Law on Sexual Battery & Sexual Assault

Penal Code 243.4

Our California sexual battery defense attorneys are conveniently located throughout Southern California and have offices in Los Angeles, Long Beach, Palm Springs and all surrounding areas.

In this article, we will discuss the definition of "sexual battery" (sometimes referred to as "sexual assault") under California law; how prosecutors go about proving the crime; defenses to the crime that California criminal defense lawyers commonly assert; and the penalties and punishment that can flow from a conviction.

Proving a Penal Code 243.4 California Sexual Battery Charge

In order to obtain a conviction for a California sexual battery, the prosecution must prove each of the following three facts:

(1) That you touched the intimate part of another,

(2) That the touching was

(a) Against the will of the other person, or

(b) That consent was fraudulently obtained, and

Sexual Battery, section 243.4 of the California Penal Code, is a "wobbler". A "wobbler" can be filed as either a felony or a misdemeanor depending on the circumstances that surround the case. Below we will discuss what factors can make a California sexual battery charge a misdemeanor versus a felony.

California Misdemeanor Sexual Battery

California Penal Code Section 243.4 (e) (1) defines misdemeanor sexual battery as the non-consensual touching of the intimate part of another for (1) sexual arousal, (2) sexual gratification, or (3) sexual abuse.

Examples:

• Larry, a dentist in Pasadena, purposely brushes against his female patient's breasts when he reaches across them to grab his dental instruments. The Pasadena City Prosecutor's Office could charge Larry with California misdemeanor sexual battery.



• Joe and Sue, who live together in Burbank, have been involved in a sexual relationship for six months. One night following a fight, Sue begins fondling Joe's penis (over his pants) trying to initiate sex. Joe tells her to stop but she doesn't. Sue could be charged in Burbank with a misdemeanor sexual battery.

Penalties for Misdemeanor Sexual Battery in California (all may apply):

• Informal (otherwise known as summary) probation for up to five years



• Probation may include (1) community service, (2) regular attendance in a batterer's education program, and/or (3) regular attendance in a program designed to help those with sexual abuse/compulsion issues



• Up to 6 months in the county jail



• A maximum $2,000 fine



*up to $3,000 if the accuser was your employee



• Registration as a sex offender, pursuant to California Penal Code section 290

California Felony Sexual Battery

Felony sexual battery in California, under Penal Code 243.4, is an act committed for the same sexual purposes as described above and is the non-consensual touching of the intimate part of:

(a) Someone who was unconscious as to the nature of the act because he/she was fraudulently convinced that the touching was for professional purposes,





(b) Someone who was unlawfully restrained,





(c) Someone who was institutionalized and either medically incapacitated or seriously disabled, or





(d) Someone falling under "b" or "c" above who was forced to masturbate oneself or touch the intimate part of another

1. You can be charged with sexual battery under California Penal Code 243.4 even if you are only an "accomplice" if the accuser falls under section (d) above.



2. This is the only section where California recognizes a sexual battery if the alleged victim is forced to touch your intimate parts instead of you touching his or hers.

• For example, if Sally was unlawfully restrained, and John made her touch his penis, he would be guilty of a California sexual battery, pursuant to section (d) above.



• However, if John convinced Sally to touch his penis, by telling her it would help in her psychotherapy (using an example from section "a" above), he would not be guilty of a California sexual battery. Sexual battery in California would require John to touch one of Sally's intimate parts -- not the other way around.



• It should be noted that depending on the specific circumstances surrounding this type of example, the nonconsensual touching could still invite a criminal charge. Sexual assault, criminal threats, and battery are some examples.

California sexual battery, in contrast to California rape, does not require that the offender engage in penetration or sexual intercourse.

Penalties for Felony Sexual Battery in California (all may apply):

• Formal probation



• 2, 3 or 4 years in the California State Prison



• A maximum $10,000 fine



• Registration as a sex offender, pursuant to California Penal Code section 290

It should be noted that, depending on the circumstances, a misdemeanor charge could be filed even if the offense meets the legal definition of felony sexual battery. In that case, your jail sentence may increase from a maximum six months to a maximum of one year. The other misdemeanor penalties remain the same.

Definitions used in California Sexual Assault Cases:

• To "touch" means that you made contact with the accuser's intimate part. Any touching will invite the charge. However, California felony sexual battery has an additional requirement that you touch the "bare skin" of the accuser's intimate part. This type of felony "touching" is accomplished either (1) directly with skin-to-skin contact, or (2) through your clothes.

• For example, Bill, while dancing behind Sally in a Santa Monica nightclub, quickly pulled Sally's skirt and underwear aside and rubbed his crotch against her bare buttocks (though Bill's pants were still up).



• This type of touching amounts to a California felony sexual battery, since Bill touched the bare skin of Sally's private parts. By contrast, there is no "bare skin" requirement to be convicted of sexual battery as a misdemeanor in California. That type of touch can be direct or through either person's clothes.

• Referring back to the dentist example under the section entitled California misdemeanor sexual battery, Larry commits a sexual battery as a misdemeanor every time he rubs his hand over one of his patient's clothed breasts.

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



• "Against the will" means nonconsensual. To consent, a person must act freely and voluntarily and know the nature of what he or she is consenting to.



• "Fraudulently" means that you made the representation with the intent to deceive and mislead the alleged victim.



• "To specifically cause sexual abuse" means that you intend to injure, hurt, humiliate, intimidate or cause pain to another.



• "Unlawful restraint" occurs when someone's 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.

• For example -- Jill, a teacher at a school in Anaheim, invited her student, Stephanie, into an empty classroom, closed the door and blocked it with a chair. After Stephanie tried to walk across the room, Jill called her over and fondled her bare breasts and buttocks beneath her clothes.



• The California Court that heard this case ruled that Jill unlawfully restrained Stephanie. The court ruled that Jill used more than just the physical force required to fondle her by (1) using her authority as a teacher, (2) creating a private situation by blocking the door, and (3) preying on Stephanie's fear which was clearly conveyed when she walked across the room away from Jill.

• A person does not unlawfully restrain someone if he or she uses lawful authority for a lawful purpose as long as the restraint continues to be lawful.



• For example -- Bob, a correctional officer in Barstow, transports handcuffed male inmates. While being transported, they are lawfully restrained. However, when Bob partially undresses them to fondle them, the purpose is no longer lawful and the inmates are now unlawfully restrained.

• Being an "accomplice" means that you are subject to prosecution for the identical crime charged against the defendant. You are subject to prosecution if you personally committed the crime or if:

1. You knew the defendant was acting in a criminal way, and



2. You intended to, and did in fact, (a) aid, facilitate, promote, encourage, or instigate the commission of the crime, or (b) participated in a criminal conspiracy to commit the crime.

Defenses to a California Penal Code Section 243.4 Sexual Battery Charge

There are a variety of defenses that a Los Angeles sexual battery criminal defense lawyer will know how to present. Below are a few of those most common defenses:

• Consent



• Jerry and Sara were on a date. Although Sara didn't want Jerry to put his hands inside her bra or underwear, she didn't convey that thought to Jerry and didn't ask him to stop. Jerry was under a reasonable belief that Sara consented to the behavior.

• Insufficient Evidence



• Examples:



• Mike touched Susie's buttocks over her jeans but was charged with California Felony Sexual Battery (there was no "bare skin" touching).



• Katie willingly accompanied Dan into a secluded area. He forcefully kissed her and then put his hand down her pants. When she told him to stop, he did (no unlawful restraint).

• False allegations / Innocence



• Darrell York, one of Ventura County's leading criminal defense attorneys and a former Glendale Police Officer, states that "false charges for California sexual battery cases are filed routinely out of jealousy, revenge, anger or in an effort to interfere with a child custody dispute".

If you, a family member or a friend have been falsely accused of sexual battery in Los Angeles, Orange, San Bernardino, or Riverside County, we encourage you to consult with a California sexual battery criminal defense attorney as quickly as possible.

Additional Resources:

Association for the Treatment of Sexual Abusers (ATSA)-
ATSA offers referrals, programs and resources for those suffering from sexual compulsions and sexual disorders.

SAFE (Stop Abuse For Everyone)-
Stop Abuse For Everyone (SAFE) promotes services for all victims and accountability for all perpetrators.

Los Angeles County Batterer's Classes-
A Court appointed list of batterer's classes throughout L.A. County

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