California Sexual Battery Laws:
Penal Code 243.4 PC
Sexual Battery law is found at California Penal Code Section 243.4 PC. The crime of sexual battery may be charged as a misdemeanor or a felony in California. Whether or not the prosecutor files either a felony or a misdemeanor depends on the facts of any particular sexual battery case along with the defendant's criminal history.
If sexual battery under PC 243.4 is charged as a felony the defendant may face up to four years in prison; if the sexual battery charge is filed as a misdemeanor the defendant may face up to one year in county jail.
To prove the crime of sexual battery (Penal Code 243.4 PC) the prosecutor must prove that the defendant touched an intimate part of another person, or caused another person to touch the intimate part of the defendant, without the other person's consent, while the other person was restrained, and for the purpose of sexual arousal of either the defendant or the other person.
According to PC 243.4, an "intimate part" of another person includes the areas of the buttocks, female breast, anus, or genitals. "Restrained" means that the other person reasonably did not feel free to leave.
In addition to the punishment of possible jail time, a criminal conviction for sexual battery requires that the defendant register as a sex offender with local authorities and that he or she be subjected to mandatory AIDS testing.
A criminal conviction for sexual battery (PC 243.4) could also lead to immigration consequence, fines, probation, professional licensing restrictions, CPS and administrative hearings initiated, civil lawsuits and more.
Closely associate crimes to "Sexual Battery" Penal Code 243.4 PC include:
Sexual battery [alternate misdemeanor charge] (PC 243.4(e)(1)), Sexual battery by restraint (PC 243.4(a)), Sexual battery of institutionalized victim (PC 243.4(b)), Sexual battery of an unconscious victim (PC 243.4(c)), Sexual battery by forced masturbation (PC 243.4(d)), Simple Battery (PC 242), Battery of a spouse of cohabitant (PC 243(e)(1)).
To learn more about the crime of sexual battery (PC 243.4), in California, including defenses to sexual battery, contact a California sex crimes criminal defense attorney today.
Criminal Defense attorney Christopher Dorado represents defendants charged with sexual battery (PC 243.4) in the county of San Bernardino, including the cities of Redlands, Victorville, Lake Arrowhead, Fontana, Rancho Cucamonga, Rialto, Colton, Ontario, Yucaipa, and more. There is no charge for initial consultations and our office offers 24/7 emergency service.
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