Child pornography

The Law on Sexual Battery

There are many names to this crime, often it is referred to as sexual battery and at other times it is called sexual assault. This crime can be considered either as a misdemeanor or felony under Penal Code 243.4.

The following are the element of the crime of sexual battery:

• The accused had touched intimate body parts of the victim;
• The touching was characterized by the following:
• The touching was against the will of the victim;
• Or that the consent to the touching was obtained fraudulently;
• The touching of the victim caused sexual arousal, sexual gratification or sexual abuse.

For misdemeanor sexual battery, the elements are as follows:
• There was non-consensual touching of the intimate parts of another person;
• The purpose was for sexual arousal, sexual gratification or sexual abuse.

The penalties for misdemeanor sexual battery may be any or all of the following:
• Summary probation for a period of five years. Included in this penalty would be community service, attendance in a rehabilitation program and/or education program;
• Jail time in a county jail facility for up to six (6) months;
• Fines of up to $2,000 but if the victim was an employee, such fine can increase to $3,000;
• Registration as a sex offender under California Penal Code Sec 290.

While it may seem that misdemeanor sexual battery is the same as the elements of sexual battery, the crime becomes a felony if any of the following facts are proven as present during the commission of the crime:

• There must be bare skin touching between accused and victim
• The victim was unconscious as to the nature of the act because he/she was convinced through the use of fraud that such physical contact was for professional purposes;
• The victim was unlawfully restrained prior to, during and immediately after the act;
• The victim was institutionalized and was medically incapacitated or seriously disabled;
• The victim, either through restraint or mental incapacity, was forced to masturbate or touch the intimate body part of another.

There is wide latitude regarding the culpability of the accused in the crime. Even only as an accomplice, the accused can still be charged for felony sexual battery if the last fact above was committed. Also, if the victim was forced to touch themselves, then the accused can also be charged for sexual battery even if no physical contact occurred between accused and victim.

For felony sexual battery, the following are the imposable penalties:

• Formal probation;
• Incarceration in a California State Prison facility anywhere between two to four years;
• Fines of up to $10,000;
• Registration as a sex offender under California Penal Code Section 290;

Facing a sexual battery charge involves a lot of complications, thus there is a need for expert guidance and representation. Do reach out to the law firm of Ramiro J. Lluis for a free consultation now.