Sexual battery is regarded as a serious felony in California. The penalty is typically severe and may include a lengthy jail sentence or the stigma of being listed as a sex offender under California Penal Code Section 290 for the rest of one’s life.
According to California Penal Code Section 243.4, sexual battery or assault is committed by anyone who, either alone or with an accomplice, unlawfully restrains another person while touching that person’s privates in a sexual manner. Read on to learn more – including what leads to this crime being charged as a felony rather than a misdemeanor – then contact Chambers Law Firm at 714-760-4088 for a free legal consultation with an experienced criminal defense attorney.
Unwanted versus friendly touches
The distinction between friendly contact and unwanted touching is made explicit by the law. Sexual battery occurs when an intimate body part is touched without consent.
The legislation specifies the following as “intimate parts”: a person’s crotch, anus, sexual organs or buttocks, and a woman’s breast. Any unwelcome touch is considered an assault, but unwelcome touching of private areas of the body is considered sexual violence.
California’s sexual battery laws can be difficult to understand. A California sexual assault defense lawyer should be contacted right away if you or someone you know is accused of sexual battery.
Sexual battery components
The level of sexual battery and its circumstances determine whether a felony or a misdemeanor charge should be filed. In a case involving sexual violence or assault, the prosecution must establish the following aspects of the crime:
- The defendant unlawfully restrained the victim, either by themself or with the assistance of a companion.
- While restraining the victim, the defendant touched the victim’s private parts or touched the victim with their own private parts (s).
- The victim was touched against their will by the defendant.
- The defendant touched the victim for sexual enjoyment, to arouse them, or to mistreat them.
Misdemeanor or felony charges
The two key factors that distinguish between felony and misdemeanor sexual battery charges are unlawful restraint and touching naked flesh.
Illegal restrictions
A sexual battery charge must involve the defendant’s wrongful restraint of the victim in order to qualify as a felony. Physical restraint, frightening language, or threats of harm to the victim are all examples of this restraint. Any restraint must be against the person’s will in order to be illegal.
Touching the bare skin
In a case of sexual battery, any touch with the victim’s bare skin may result in a felony charge. This includes instances in which the defendant contacts the victim’s exposed skin on an intimate body part or in which the victim’s bare skin, whether bare or covered by clothing, touches the defendant’s bare skin on an intimate body part.
To further clarify, under California law, it is a misdemeanor sexual assault if someone clutches the buttocks of another person against their consent without contacting the individual’s exposed skin (through clothing).
Penalties in a sexual battery case in California
A misdemeanor sexual battery conviction carries a maximum one-year jail sentence, fines, court costs, counseling, and a requirement to participate in a program for sexual offenders. The need to register as a sex offender has another grave consequence.
Convictions for felony sexual battery involve more serious sexual assault offenses and come with substantially harsher penalties.
Are you facing sexual offense charges in California?
Conviction for sexual battery can have lifelong, catastrophic repercussions. If you or someone you know has been accused of a sex crime, you need to get in touch with a skilled criminal defense lawyer right once. You can reach Chambers Law Firm at 714-760-4088 for a free legal consultation.
