Sec 243.4 of the California Penal Code defines two criminal acts, sexual assault and sexual battery, which would be discussed below.

The crime of sexual battery is committed when the following facts are proven:

• The accused had touched the intimate body parts of another individual;
• The touching was against the will of the other person or that consent was fraudulently obtained;
• The touch specifically caused sexual arousal, sexual gratification or sexual abuse;

This crime is considered as a wobbler and can be prosecuted either as misdemeanor or a felony offense depending on the factual circumstances of the case.

Misdemeanor sexual battery is committed, under Sec 243.3(e), is committed when there was non-consensual touching of the intimate parts of another for sexual arousal, gratification or abuse purposes. The imposable penalties include summary probation of up to five (5) years, which may include community service, attendance in a batterer’s program or program on sexual abuse/compulsion disorders, six (6) months in county jail, payment of fines of up to $2,000 and registration as a sex offender under Sec 290 of he California Penal Code.

For felony sexual battery, the crime is committed for the same sexual purposes together with the non-consensual touching of the intimate parts of another under of the following circumstances:

• The victim was unconscious as to the nature of the act because they were fraudulently convinced that the touching was for professional purposes;
• The victim was unlawfully restrained;
• The victim was institutionalized and either medically incapacitated or seriously disabled;
• The victim fell under “b” or “c” who was forced to masturbate one’s self or touch the intimate part of another;

For the felony offense of sexual battery, the imposable penalties include formal probation, between two (2) to four (4) years in state prison, payment of a fine of $10,000 and registration as a sex offender under Sec 290 of the California Penal Code.

The crime of sexual assault and battery is a serious offense in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.