California P.C. 243.4: Sexual Battery

In California, a sexual battery conviction carries substantial consequences often requiring jail / prison time and a lifetime requirement to register as a sex offender. Law enforcement and prosecutors treat every sex crimes case extremely seriously, therefore it’s important one retain a skilled attorney to fight for your behalf. The Law Offices of John D. Rogers gives every sex case personalized attention and often utilizes the services of an investigator to speak with pertinent witnesses in order to prepare a defense. Sexual battery accusations must be handled at the earliest possible stage and one should not make any statements to law enforcement.

Contact Attorney John Rogers Immediately

Los Angeles Sexual Battery Lawyer John Rogers understands that charges for sexual battery can occur at any time of day which is why he makes himself available 7 days a week to consult with individuals accused of sex offenses. The best approach to defeating sexual battery charges is early criminal defense attorney intervention, contact Mr. Rogers immediately.

Sexual Battery Defined by Statute

In California, sexual battery is formally defined under Penal Code 243.4 which provides, “Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.”

Elements of the Crime

In order for someone to be found guilty of sexual battery, the prosecutor must prove beyond a reasonable doubt:

  1. Defendant touched an intimate part of the victim
  2. The touching was against the victim’s will
  3. The touching was done for the specific purpose of sexual arousal, gratification, or abuse.

For the purposes of this crime, touching means any physical contact with the victim including by means through clothing. Additionally, some portions of this statute require the victim to be restrained. Furthermore, an intimate part of the victim’s body includes breasts, anus, groin, buttocks, or any other sexual organ.

What are the Legal Defenses to Sexual Battery?

  • You were falsely accused by the victim.
  • The victim gave you consent to touch them
  • You did not touch the victim for sexual gratification
  • You did not touch and intimate part of the victim’s body

What is the Punishment for Sexual Battery?

Since there are a number of subsections to this statute, the consequences vary. However, sexual battery is generally a “wobbler” offense which means the prosecutor holds discretion on whether to files charges as a felony or misdemeanor. Conversely, P.C. 243.4(e)(1) is a straight misdemeanor.

If one is convicted of sexual battery as to a felony, the consequences are:

  • 2, 3, or 4 years in California state prison
  • Supervised Probation / Parole
  • Lifetime Sex Offender Registration
  • Sex Counseling Classes
  • Up to $10,000 in Fines
  • Protective / Stay Away Order

If one is convicted of sexual battery as a misdemeanor, the consequences are:

  • Up to 1 year in the county jail OR Up to 6 months depending on the charge
  • Court Ordered Probation
  • Counseling Classes
  • Up to $2,000 in Fines
  • Sex Offender Registration
  • Protective / Stay Away Order

Should I Talk with Police Officers or a Detective?

One should not speak with police officers or a detective without first speaking with an attorney. Law enforcement seeks to question a suspect to build more evidence against them. Keep in mind, law enforcement does not try to “help” someone. If law enforcement is attempting to contact you to give a statement, contact an attorney immediately.

Free Los Angeles Sexual Battery Lawyer Consultation

If you have been arrested, accused, or are under investigation for sexual battery, contact Los Angeles Sexual Battery Attorney John Rogers at the Law Offices of John D. Rogers immediately. Mr. Rogers is located at 1801 Century Park East, 24th Floor, Los Angeles, CA 90067. Call 877-888-9820 now for a free confidential consultation concerning your rights and defenses.