According to California Penal Code section 243.4, you can be convicted of sexual battery if you touch the intimate part of another against his or her will. In order for you to be convicted of sexual battery, the prosecutor must prove all of the following:
1) You touched the intimate part of another person;
2) The touching was done against the will of the other person; and
3) You touched with the intent to cause sexual arousal or gratification or with the intent to sexually abuse.
Intimate Part of the Body
In order for you to be convicted of sexual battery in California, you must have touched an intimate part of another person. The term “intimate part” refers to the anus, groin, sexual organ, buttocks, or female breast.
Touching for the Purpose of Sexual Arousal or Sexual Gratification
In order for you to be convicted of sexual battery, you must have touched the victim for the purpose of sexual arousal, gratification, or to sexually abuse the victim. If you touch the victim for the purpose of sexual arousal or gratification, you must have intended to gain some personal pleasure or believed that the victim would be sexually aroused by the touching. If the touching is committed for the purpose of sexual abuse, it must cause some sort of pain or discomfort.
Sentencing and Punishment for Sexual Battery
You can be convicted of either a misdemeanor or felony for sexual battery. A misdemeanor conviction for sexual battery results in a sentence of up to six months in county jail and $2,000 fine.
You can be convicted of a felony sexual battery if:
- You unlawfully restrained the victim;
- The victim was institutionalized at the time of the offense; or
- You used a false representation to commit the offense (for example, you falsely represented that the touching served a professional purpose).
A felony conviction for sexual battery carries a harsher sentence than a misdemeanor conviction. If you are convicted of felony sexual battery, you can be sentenced to up to four years in county jail and a $10,000 fine.
In addition to the above mentioned penalties, you will also have the duty to register as a sex offender for the rest of your life, pursuant to California Penal Code section 290.
The attorneys at Wallin & Klarich understand the negative impact that charges for sexual battery can have on your life. Wallin & Klarich can assist you through the legal process and fight to have your charges dismissed.
Call Wallin & Klarich
The attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients accused of sexual battery and other sex crimes. If you are facing charges for sexual battery, it is important that you contact an experienced sexual battery attorney to fight for your rights. Wallin & Klarich will help you present the best defense available in your case. We will fight to keep you out of jail and help you avoid having to register as a sex offender for the rest of your life. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks.
Call Wallin & Klarich today at (888) 230-1528. We will be there when you call.
