Penal Code 243.4 – Sexual Battery
Sexual Battery is punishable under Penal Code 243.4.
“Sexual Battery” makes it illegal to touch any intimate part of a person’s body against their will for sexual gratification, arousal or abuse. The touching can be to the person’s body or their clothing.
Punishment for Misdemeanor and Felony Sexual Battery
Sexual battery is a “wobbler” offense, meaning that it can be charged as a misdemeanor or as a felony depending on the facts and circumstances of the case. For example, what part of the victim’s body was touched, how long the touching lasted, the relationship between the defendant and the victim, and if any force was used during the touching will all be considered in determining whether to file misdemeanor or felony sexual battery charges.
A misdemeanor sexual battery conviction is punishable by a county jail sentence of up to 6 months or 1 year, depending on particular facts of the case, and fine of up to $3,000.
A felony sexual battery conviction is punishable by 2, 3 or 4 years in state prison, and a maximum fine of $10,000.
Anyone convicted of sexual battery — either as a misdemeanor or a felony — is required to register as a California lifetime sex offender under Penal Code 290
Defenses in Sexual Battery Cases
While every sexual battery case must be carefully analyzed on its specific facts, common defenses may include the following:
- Consent — The alleged victim consented to the touching, and is now falsely claiming that he or she did not consent.
- False allegations — The alleged victim is making false allegations, typically to gain some advantage over the defendant. For example, to gain a workplace promotion or to harm the defendant after an intimate relationship breakup.
- Accidental or inadvertent touching
Contact Us Now
Schwartz & Naderi’s team of criminal defense attorneys has over 80 years of combined experience aggressively defending clients facing all types of sex-related charges, including sexual battery charges, and will strategize a vigorous defense from the moment of arrest until the completion of the case.
If you or a loved one has been charged with any sex offense, contact a Los Angeles criminal defense attorney from Schwartz & Naderi today at (310) 246-9550.