Sexual battery (also referred to as sexual assault) is defined by Penal Code § 243.4 PC as the act of touching another person’s intimate parts without the consent, for the purpose of sexual gratification, arousal, or abuse.
Five key things to know about California’s sexual battery laws are:
- Sexual battery is usually a misdemeanor but can be charged as a felony in aggravated cases.
- Common defenses to sexual battery include that (a) the victim consented or (b) you were falsely accused.
- Prosecutors have one year to bring misdemeanor charges and ten years to bring felony charges.
- Amidst the #metoo movement, civil lawsuits by victims of sexual assault have become common.
- In addition to incarceration and fines, sexual battery penalties include sex offender registration.
| Misdemeanor sexual battery penalties |
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| Felony sexual battery penalties |
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In this article, our criminal defense attorneys provide a comprehensive guide to understanding California sexual assault law by addressing the following:
- 1. How does California law define sexual battery?
- 2. What are common defenses to PC 243.4 charges?
- 3. Can I go to jail?
- 4. What is the statute of limitations for PC 243.4 in California?
- 5. Can I be sued for sexual battery?
- 6. Related crimes
If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
Penal Code 243.4 PC is California’s sexual battery law
1. How does California law define sexual battery?
Penal Code 243.4 PC defines sexual battery (alternatively referred to as sexual assault) as:
- touching the intimate part of another person,
- against that person’s will,
- for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.1
You can be convicted even if you are involved with the accuser in an ongoing sexual relationship. Plus – unlike the California crime of rape under Penal Code 261 PC – sexual assault does not require that you engage in actual sexual penetration or sexual intercourse.2
1.1. Aggravating factors
Sexual battery is typically a misdemeanor,3 though it can be a felony if there are aggravating factors, such as:
- the victim is unlawfully restrained,4
- the victim institutionalized for medical treatment AND is seriously disabled or medically incapacitated,5
- the victim is unaware of the nature of the act because you fraudulently represented that the touching served a professional purpose,6 or
- the victim is made to masturbate or touch the intimate parts of you, an accomplice or another person under any of the above circumstances.7 (This is the only scenario where California recognizes a sexual battery if the complaining witness is forced to touch your intimate parts instead of you touching theirs.8)
1.2. Legal definitions
Now let’s take a closer look at some of these terms and phrases to better understand their legal meaning.
1.2.1. Touch
To “touch” another person with respect to misdemeanor sexual battery means you make physical contact with the intimate part of the victim, either
- directly, or
- through clothing (either your clothing or the clothing of the alleged victim).9
To touch another person with respect to felony sexual battery means you make physical contact with the bare skin of the victim, either
- directly, or
- through your clothing.10
It is not felony sexual battery if the alleged victim’s body only makes contact through their clothes.
Example: Chad touches Sherrie’s breast through her clothes. Because the touching that occurred was only through Sherrie’s clothes, Chad is not guilty of felony sexual assault.
1.2.2. Intimate part
An “intimate part” is a female’s breast, or anyone’s
- anus,
- groin,
- sexual organ, or
- buttocks.11
1.2.3. Against the will of the other person
You violate California’s sexual assault law when you touch the other person against their, will which means that they did not consent to the act. In order to consent, a person must act freely and voluntarily knowing the nature of the act to which they are consenting.12
This is why you can be charged with aggravated sexual battery even if the victim consents IF you fraudulently represented that the touching served a professional purpose. This is because fraud cancels out consent.
An individual cannot consent if they have been misled and do not know the nature of the act to which they consent.
1.2.4. Sexual abuse
When you commit a sexual battery with the specific intent to “cause sexual abuse” against someone, it means that you intend to
- injure,
- hurt,
- humiliate,
- intimidate, or
- cause pain in their intimate parts.
Sexual touching with this as a goal can be sexual battery even if you were not motivated by a desire to enjoy sexual gratification or sexual pleasure yourself.13
1.2.5. Unlawful restraint
You unlawfully restrain someone when:
- you control their freedom of movement by words, acts, or authority, and
- the restraint is against their will.14
Unlawful restraint requires more than just the physical force necessary to accomplish the sexual touching.15
Example: Jill, a teacher, invites her student, Stephanie, into an empty classroom, closes the door and blocks it with a chair. Jill then fondles Stephanie’s bare breasts.16
Jill used more than just physical force; she used her authority, creating a private situation by blocking the door and preying on Stephanie’s fear.17
Also, a person does not unlawfully restrain someone if they use lawful authority for a lawful purpose as long as the restraint continues to be lawful.18
Example: Bob, a correctional officer, transports handcuffed male inmates. However, when Bob partially undresses them to fondle them, the purpose is no longer lawful, and the inmates are now unlawfully restrained.19
1.2.6. Accomplice
When you are an accomplice – also known as the crime of “aiding and abetting” – you are subject to prosecution in the same manner and the same penalties as the primary culprit.20 You were an “accomplice” to the crime of sexual battery if you
- knew the primary culprit is acting in a criminal way, and
- intended to – and did, in fact –
- a) aid, facilitate, promote, encourage or instigate the commission of the sexual assault, or
- b) participate in a criminal conspiracy (that is, a joint effort) to commit the sexual battery.21
Sexual battery becomes a wobbler when there are aggravating factors.
2. What are common defenses to PC 243.4 charges?
Our law firm has experience having represented thousands of people facing this charge. We find these three defenses to be very persuasive:
- You had consent;
- There was no sexual touching; or
- You were falsely accused.
2.1. You had consent
If the touching is consensual – or if you hold a reasonable belief that the touching is consensual – then you did not commit a sexual battery in California.22
At Shouse Law Group, we can often show that the alleged victim consented through such circumstantial evidence as text messages, voicemails, and eyewitness accounts from around the time of the incident.
2.2. There was no sexual touching
In past sexual battery cases, we have been able to show that any touching that occurred was either not sexual or occurred by mistake (such as accidentally brushing up against someone’s backside in a crowd).
Plus since there is rarely physical evidence of what exactly happened, then there may be insufficient proof to sustain a sexual battery allegation beyond a reasonable doubt.23
2.3. You were falsely accused
In our decades of combined experience as criminal defense attorneys, we see time and again innocent people getting their lives turned upside down by untrue allegations of sexual misconduct. Also, because sexual battery allegations do not require a physical injury, it is an easy crime to accuse another person of without actual evidence.
Fortunately, experience has also shown us that there are many ways to impeach the accuser’s credibility and show that they are being motivated by jealousy, anger, revenge, or an effort to influence the outcome of a child custody dispute. Through intensive pretrial investigation, we can often amass enough evidence to show that the accuser was lying and persuade the D.A. to drop the case without a trial.
3. Can I go to jail?
3.1. Misdemeanor penalties for sexual battery
If you are convicted in California of misdemeanor sexual assault without aggravating factors, you may face:
- Up to six (6) months in county jail,24
- A fine of up to two thousand dollars ($2,000) – or up to three thousand dollars ($3,000) if the alleged victim was your employee,25 and/or
- informal (otherwise known as summary) probation for up to five (5) years, which may include
- community service,
- completion of a batterer’s education program, and/or
- completion of a program designed to help those with sexual abuse/compulsion issues, AND/OR
- Penal Code 290 PC registration as a tier one sex offender for a minimum of 10 years.26
Note that prosecutors can choose to prosecute sexual battery as a misdemeanor even if there are aggravating factors, but the maximum jail sentence would be one (1) year.27
3.2. Felony penalties for sexual battery
Sexual battery with aggravating factors is a California felony, carrying:
- formal (felony) probation,
- two (2), three (3) or four (4) years in prison 28 AND possibly an additional three (3) to five (5) years in prison if the alleged victim sustains a great bodily injury (a significant or substantial physical injury),29
- a maximum of $10,000 fine,30 AND/OR
- registration as a tier three sex offender for life.31
| California battery offense | Penalties |
| Simple battery (PC 242) | Misdemeanor: Up to 6 months in jail and/or $2,000 |
| Aggravated battery causing serious bodily injury (PC 243(d)) | Misdemeanor: Up to 1 year in jail and/or $1,000 or Felony: 2, 3, or 4 years in jail (plus 3 to 6 years if the victim suffers great bodily injury) and/or up to $10,000 |
| Battery on a custodial officer (PC 243.1) | Felony: 16 months, 2 years, or 3 years in jail (or 2, 3, or 4 years if the victim sustains great bodily injury) |
| Battery on a peace or police officer (PC 243(b) & (c)) and | No injury Misdemeanor: Up to 1 year in jail and/or $2,000 |
| With injury that requires medical treatment Misdemeanor: Up to 1 year in jail and/or $2,000 or Felony: 16 months, 2 years, or 3 years in jail and/or up to $10,000 | |
| Domestic battery (PC 243(e)(1)) | Misdemeanor: Up to 6 months in jail and/or $2,000 |
| Sexual battery (PC 243.4) | Misdemeanor: Up to 6 months in jail (or 1 year if there was an aggravating factor) and/or $2,000 (or $3,000 if the victim was your employee) plus Tier I sex offender registration for 10 years. or Felony: 2, 3, or 4 years in prison (or an extra 3 to 5 years if the victim was seriously hurt) and/or up to $10,000 plus Tier III sex offender registration for life (usually). |
4. What is the statute of limitations for PC 243.4 in California?
When someone is suspected of misdemeanor sexual battery, California prosecutors have one year after the alleged incident to file criminal charges.32
Though in suspected cases of felony sexual battery, California prosecutors have 10 years after the alleged incident to file charges.33
5. Can I be sued for sexual battery?
Yes. An alleged “victim” of sexual assault can sue you in civil court to try and recover any damages they incurred because of the offense, such as medical bills and pain and suffering.
This lawsuit is a separate and additional action from the criminal charges that you may face. In a civil lawsuit, the “victim” has the burden of proving that you committed a battery and the crime led to verifiable damages.
Note that California now prohibits “stealthing” – a form of sexual battery where you remove a condom during sexual intercourse without your partner’s verbal consent. A stealthing victim can file a civil suit against you if they suffer harm and injuries because of the act.34
6. Related crimes
6.1. Rape
Rape (PC 261) is non-consensual intercourse with another person accomplished by means of
- threats,
- force or
- fraud.
It is the requirement of intercourse that distinguishes this crime from a sexual battery.
Rape is always a felony in California.35 It is also a “strike” under California’s three-strikes law.36
6.2. Battery
Battery (PC 242) is any unwanted or uninvited touching (whether it is sexual or not).37
If, for example, you nonchalantly take another person’s hand and place it on one of your intimate parts, you have not violated California’s sexual battery law (since you did not touch any of their intimate parts). Though you HAVE committed a battery, assuming the other person did not voluntarily touch you.
Battery can be a misdemeanor or a felony in California depending on the case.38
Online 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.
Legal References:
- Penal Code 243.4 PC. See also People v. Sommer (Cal. App. 1st Dist. 2021), 275 Cal. Rptr. 3d 872. See also People v. Reeves (2001) 91 Cal.App.4th 14. The text of the statute is:
PC 243.4. (a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).
(b) Any person who touches an intimate part of another person who is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).
(c) Any person who touches an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, and the victim is at the time unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).
(d) Any person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse, causes another, against that person’s will while that person is unlawfully restrained either by the accused or an accomplice, or is institutionalized for medical treatment and is seriously disabled or medically incapacitated, to masturbate or touch an intimate part of either of those persons or a third person, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).
(e) (1) Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. However, if the defendant was an employer and the victim was an employee of the defendant, the misdemeanor sexual battery shall be punishable by a fine not exceeding three thousand dollars ($3,000), by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. Notwithstanding any other provision of law, any amount of a fine above two thousand dollars ($2,000) which is collected from a defendant for a violation of this subdivision shall be transmitted to the State Treasury and, upon appropriation by the Legislature, distributed to the Civil Rights Department for the purpose of enforcement of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), including, but not limited to, laws that proscribe sexual harassment in places of employment. However, in no event shall an amount over two thousand dollars ($2,000) be transmitted to the State Treasury until all fines, including any restitution fines that may have been imposed upon the defendant, have been paid in full.
(2) As used in this subdivision, “touches” means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.
(f) As used in subdivisions (a), (b), (c), and (d), “touches” means physical contact with the skin of another person whether accomplished directly or through the clothing of the person committing the offense.
(g) As used in this section, the following terms have the following meanings:
(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, and the breast of a female.
(2) “Sexual battery” does not include the crimes defined in Section 261 or 289.
(3) “Seriously disabled” means a person with severe physical or sensory disabilities.
(4) “Medically incapacitated” means a person who is incapacitated as a result of prescribed sedatives, anesthesia, or other medication.
(5) “Institutionalized” means a person who is located voluntarily or involuntarily in a hospital, medical treatment facility, nursing home, acute care facility, or mental hospital.
(6) “Minor” means a person under 18 years of age.
(h) This section shall not be construed to limit or prevent prosecution under any other law which also proscribes a course of conduct that also is proscribed by this section.
(i) In the case of a felony conviction for a violation of this section, the fact that the defendant was an employer and the victim was an employee of the defendant shall be a factor in aggravation in sentencing.
(j) A person who commits a violation of subdivision (a), (b), (c), or (d) against a minor when the person has a prior felony conviction for a violation of this section shall be guilty of a felony, punishable by imprisonment in the state prison for two, three, or four years and a fine not exceeding ten thousand dollars ($10,000).
- Penal Code 261 PC.
- Penal Code 243.4 (e)(1) PC.
- Same, section (a).
- Same, section (b).
- Same, section (c).
- Same, section (d).
- People v. Elam (2001) 91 Cal.App.4th 298, 310.
- Penal Code 243.4 PC. See also People v. Dayan (1995) 34 Cal.App.4th 707.
- Same, section (f).
- Same, section (g).
- CALCRIM 938.
- Same, Commentary. See also People v. White (1986) 179 Cal.App.3d 193; also see People v. Chavez (2000) 84 Cal.App.4th 25.
- CALCRIM 935.
- Same. See also People v. Pahl (1991) 226 Cal.App.3d 1651, 1661.
- Facts also loosely based on People v. Arnold (1992) 6 Cal.App.4th 18.
- Same at 31.
- See CALCRIM 935.
- Facts also loosely based on People v. Alford (1991) 235 Cal.App.3d 799.
- California Jury Instructions – CALCRIM 401.
- CALCRIM 935. See also People v. Verlinde (2002) 100 Cal.App.4th 1146; People v. Stankewitz (1990) 51 Cal.3d 72.
- CALCRIM 938. See also People v. Andrews (2015) 234 Cal.App.4th 590; People v. Williams (1992) 4 Cal.4th 354; People v. Mayberry (1975) 15 Cal.3d 143.
- See, for example, Deutch v. United States, (1961) 367 U.S. 456.
- Penal Code 243.4 PC Section (e)(1). See also People v. Robinson (2016) 63 Cal.4th 200. Also see People v. Babaali (2009) 171 Cal.App.4th 982.
- Same.
- Penal Code 290 PC.
- Note 1.
- Same.
- Penal Code 12022.7 PC.
- Penal Code 243.4 PC.
- Penal Code 290 PC. There is no first degree/ second degree rape. See also In re M.A. (Cal. App. 6th Dist. Sept. 12, 2022), 83 Cal. App. 5th 143. Note that only tier one sex offender registration (for a minimum of 10 years) is required if: the victim is institutionalized for medical treatment and is seriously disabled or medically incapacitated, and the touching is against the will of the person touched, and the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse.
- Penal Code 802 PC.
- Penal Code 801.1 PC.
- Assembly Bill No. 453.
- Penal Code 261 PC. Penal Code 264 PC. See our related article on statutory rape laws.
- Penal Code 667.5 PC.
- Penal Code 242 PC.
- Penal Code 243 PC.