Sexual Battery
The crime of sexual battery is governed by California Penal Code section 243.4. Sexual battery is often used interchangeably with sexual assault, and it is important to know that, according to California criminal law, the two are the same. However, aggravated sexual assault has enhanced penalties.
According to Penal Code 243.4, the elements of a sexual battery are:
- One touches the intimate part(s) of another person
- The touch is against that person’s will
- The touch is made for the specific purpose of either
- Sexual arousal
- Sexual gratification
- Sexual abuse
It should be noted that sexual battery does not require penetration or sexual intercourse. Further, sexual battery can occur even between two people involved in an ongoing sexual relationship.
Penalties for Sexual Battery Crimes
A sexual battery charge is, minus any aggravating circumstances, classified as a California misdemeanor offense. According to the law, a sexual battery conviction can result in a maximum six month sentence in a county jail and up to $2,000.00 in fines. If, however, the alleged victim was your employee, then the maximum fine will be increased to $3,000.00. You will likely also be placed on up to five years of informal probation, which could include such required actions as community service, the completion of a batterer’s education program and/or the completion of a program designed to help those with sexual abuse issues.
On top of all this, you will also be given the designation of a registered sex offender. Placement on this public record will follow you for your entire lifetime and will have significant implications to where you can live and work.
California Sexual Battery Defense Lawyer
In order to properly defend against your California sexual battery charge and to protect your reputation, career and family, you need to seek the advice of an experienced California defense attorney.
The Law Offices of Jonathan I. Kelman specialize in defending California sexual battery charges. If you or a loved one is facing a California criminal charge, seek the support of an attorney practicing only in criminal defense.
Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.