Sexual Battery
Penal Code 243.4 – Sexual Battery in California
Sexual attacks on or against another person is a crime in California. Under California Penal Code section 243.4 (PC 243.4), it is prohibited to unlawfully touch the intimate body parts of another person for purposes of sexual gratification, sexual arousal, or sexual abuse. This contrasts with a charge of rape, under California Penal Code Section 261, which does consider whether there was sexual intercourse or penetration. Learn more about California’s rape laws here [web link].
How can I be convicted of violating California’s Sexual Battery Laws?
Sexual battery under PC 243.4, is a more specific version of the more general crime of battery, in which sexual violence is alleged. Similar to other sexual offenses, this offense is based on the notion that the person did not consent to the sexual touching. In order to convict a person of sexual battery, there are four elements of proof, that the prosecutor must prove beyond a reasonable doubt. You will be accused of violating Penal Code 243.4 if:
- You touched an intimate part of the another person,
- The intimate part was touched against the other person’s will, and
- The touching was done for the purpose of sexual arousal, sexual gratification, or sexual abuse.
You will be accused of felony sexual battery if the contact was on bare skin, and the following are true:
- You unlawfully restrained the victim
- While the victim was restrained, you touched the victim’s intimate part or had them touch yours or another person intimate part.
- The touching was done against the person’s will
- The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.
It is important to note that for the offense to be charged as a “felony” the “touching” must be directly onto the bare skin of the victim or through the clothing of the defendant.
It is also important to take into consideration that in the case of a felony charge, the fact that the defendant was an employer of the victim will be considered an aggravating factor in sentencing.
Misdemeanor examples:
- Marcia’s boss leans over behind her at her desk, and fondles her breasts, without her permission.
- Lucia reached under the table, at a work meeting, and put her hand over Jeff’s pants in his groin area, without permission.
Felony examples:
- Mitch pins Rosa against the wall, while Abel forces his hands down her pants
- Leslie convinces Luke, who is mentally ill, to touch her genital area.
A Closer Look into Sexual Battery
The California Penal Code contains several provisions that are meant to treat domestic violence cases differently. If you are charged with a domestic violence offense, several different things could happen in your case:
Touching means to make physical contact with another person. This type of physical contact can be accomplished by direct, skin-to-skin, contact or through the clothing of the defendant or through the clothing of the victim.
- Sexual organ
- Anus
- Groin
- Buttocks
- Breast of a female
To give consent, a person must act freely and voluntarily and know the nature of the act. A previous dating or marital relationship is not sufficient to constitute consent.
Be warned, however, that if you are charged with domestic violence and the court suspects that YOU convinced the alleged victim to not testify, you might be facing very serious charges such as witness tampering, even though the alleged victim still has the right to refuse to testify.
Unlawful restraint is when a person’s liberty is controlled by words, acts, or authority of the perpetrator and the restraint is against his or her will. It requires more than just the physical force necessary to accomplish the sexual touching. Using lawful authority for a lawful purpose is not considered unlawful restraint.
Penalties for Violating California’s Sexual Battery Laws
Sexual battery is a “wobbler” offense in California. Which means that depending on the circumstances of the event, it may be charged as either a misdemeanor or felony. Generally, if the defendant touches the victim’s intimate parts without unlawful restraint, it will most likely be charged as a misdemeanor. If the defendant unlawfully restrains the victim and makes direct contact onto the victim’s skin or forces the victim to touch the defendant directly or through their clothing, it will be charged as a felony. Deepening on the class of the person, there could be additional enhancements.
A violation of Penal Code 243.4 is MISDEMEANOR IF:
The defendant touches an intimate part of another person, against the person’s will, for sexual gratification sexual arousal or sexual abuse—the penalties for this offense include:
A maximum of six (6) months of incarceration, or
Two thousand (2,000) dollars in fines, or
Both incarceration and fine
- If the defendant was an employer of the victim:
As a MISDEMEANOR:
A maximum of six (6) months of incarceration
Three thousand (3,000) dollars in fines, or
Both incarceration and fine
A violation of Penal Code of 243.4 is either a MISDEMEANOR OR FELONY IF:
- The victim was unlawfully restrained
- The defendant touched the intimate parts of a person who is medically institutionalized, seriously disabled, or medically incapacitated
- A person fraudulently represented that the touching served a medical purpose
- If the victim who is medically institutionalized, seriously disabled, or incapacitated is restrained by the defendant or an accomplice and is made to masturbate either the defendant or the accomplice
As a FELONY:
Incarceration for two (2), three (3), four (4) years
Fine not exceeding ten thousand (10,000) dollars
As a MISDEMEANOR:
A maximum of one (1) year of incarceration
Fine not exceeding two thousand (2,000) dollars
Defenses to Sexual Battery in California
There are some defenses available to a sexual battery charge in California.
Insufficient Evidence
Consensual touching
The accusation is false
As with all criminal cases, a sexual battery charge is often based on the statements of witnesses. These witnesses could be exaggerating or even lying. A successful defense should always explore the possibility that you have been falsely accused. If a witness has a certain bias against you, or a motive to falsely incriminate you, then this should be explored thoroughly during cross-examination to support a defense that you have been falsely accused. Similarly, if a witness’ account lacks any physical corroboration, or if physical evidence contradicts them entirely, then this can also support a defense that you have been falsely accused. Inconsistent witness statements, or demonstrated problems in a witness memory can also support a “false accusations” defense in a sexual battery case. All of these areas should be investigated thoroughly during the defense of a sexual battery case.
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