Sexual Assault; Sexual Battery

Other sections of section 243.4 are unique as well. PC 243.4 (b) extends this idea to professionals like doctors and nurses and creates a unique penalty for them. Section 243.4 (e)(1) creates unique penalties for employers who sexually assault their employees. Consult a licensed criminal defense attorney to get advice about the details of your case.

Important things to Consider:

• Touches: Physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim. If the case involves an employer, touching includes contact on top of clothing

• Intimate Part: The sexual organ, anus, groin, or buttocks of any person, and the breast of a female.

• Against the will of the person being touched: This does not require that the person being touched resist the unwanted touching, the unwanted touching only needs to be achieved without the free and voluntary consent of the person being touched. Consent requires that the person being touched understand and appreciate all of the important facts of the touching.
  For example, if you falsely claim to be a doctor, and claim that your touching of another person’s intimate parts are part of a medical exam, you may be guilty of sexual assault; sexual battery. This is so even if the person you touch gives their permission because they did not have all of the facts needed to give a free and voluntary consent.

These definitions are important because they explain what the law considers an “intimate part,” and what parts of a person are considered “intimate.” Most importantly, though, is the idea of consent and that it must be freely and voluntarily given before any touching of intimate parts takes place.

PC 243.4 Penalties 

A violation of sexual assault; sexual battery PC 243.4 are generally a misdemeanor. However, some aggravating factors, like our fake doctor example above, are considered “wobblers,” meaning they can be charged as misdemeanors or felonies based on the facts and circumstances of the individual case.

Misdemeanor Penalties

1. Up to 6 months in jail
2. A fine of up to $3,000 depending on the circumstances OR BOTH, AND
3. Summary (informal) probation AND
4. LIFETIME registration as a sex offender

Felony Penalties

1. Up to 5 years in state prison
2. A fine of up to $10,000 depending on the circumstances, OR BOTH; AND
3. Felony (formal) probation AND
4. LIFETIME registration as a sex offender

Lifetime registration as a sex offender is a very serious penalty that can severely limit where you are allowed to live, where you are allowed to work, and will put your face and information related to a sexual assault; sexual battery conviction on a searchable database accessible by anyone on the internet.

We Want to Help 

If you have been charged with a Sex Crime, it is important to contact a skilled criminal defense attorney right away. Consult a licensed criminal attorney to determine what your options are.