Under California Penal Code 243.4, sexual battery is a crime when you touch another person’s intimate parts without consent. Prosecutors are often very aggressive in dealing with defendants facing charges of sex crimes in California. However, you will only be convicted of sexual battery if your contact with the alleged victim was aimed at sexual arousal, gratification, or abuse. If you face a conviction under this statute, you risk facing a lengthy prison sentence, hefty fines, and sex offender registration.

The punishment for a sexual battery conviction can be severe and life-altering. Therefore, if you or your loved one faces an arrest and charges under this statute, you will require the guidance of a skilled criminal attorney. Your lawyer will help you gather evidence of your case and build a defense against your charges. Your choice of a legal representative can make a significant difference between spending time behind bars and walking away with a dismissed charge. At Los Angeles Criminal Attorney, we offer top-notch legal guidance to all our clients battling sexual battery charges in Los Angeles, CA.

Understanding California Penal Code 243.4

Touching another person’s intimate body part can land you in legal trouble. Facing charges for a serious offense like ‘sexual battery. Some actions that could violate PC 243.4 laws include:

  • Use of force or threats to compel another person into touching your intimate parts. The use of violence indicates that the alleged victim did not consent.
  • Touching the private parts of a person who is intoxicated or under medication for sexual gratification.
  • Touching someone suggestively and failing to stop when they protest the act.
  • Faking situations that cause you to touch another person inappropriately. This is common for medical practitioners who pretend to be offering medical care.

Before establishing your guilt and liability under PC 243.4, the prosecuting attorney must prove all the elements of the crime beyond a reasonable doubt, including:

  1. You Touched the Intimate Parts of Another Individual

The first element that constitutes sexual battery is touching. California law defines touching and any contact with the other person’s body for sexual gratification or arousal. For simple battery, any form of contact can attract criminal charges. However, for sexual battery, the contact must be with an intimate part of the body. A private part, in this case, is either female breasts, the anus, buttocks, or any other sexual organ. Further touching could either be direct or through another object.

  1. The Alleged Victim Did Not Consent to the Touching

Consent is a significant element for most sex crimes in California. The prosecutor is responsible for proving that the alleged victim did not consent to the touching. Sometimes, a person’s consent is ineffective. Therefore, touching a person’s intimate parts based on purported consent may not be enough to prevent a criminal conviction for violating sexual battery laws. A person is considered to have consented to an act if they engage in an affirmative action that suggests cooperation.

Consent for a sexual act must be voluntary, not through threats or coercion. If the prosecutor can prove that you obtained the victim's consent fraudulently, you can still be convicted under this statute. In cases where you reasonably believed that the alleged victim consented to the touching, it may be difficult for the prosecution to prove this element.

  1. The Purpose of the Touch was for Sexual Arousal, Gratification, or Abuse

The final element that constitutes sexual battery is your intent at the time of the action. If your aim to touching the victim was not sexually motivated, you could not be found guilty of sexual battery. Intention to hurt, humiliate, and cause pain to the victim will suffice as battery under this statute.

Sexual Battery of a Hospitalized Victim

If you touch the intimate parts of a hospitalized person, you can be charged with sexual battery under PC 243.4. Under this statute, an institutionalized person is an individual undergoing treatment. This could mean a person who is terminally ill or incapacitated. However, to obtain a conviction for sexual battery under these circumstances, the prosecution must prove that:

  • The victim was institutionalized, and the main aim of being in the facility was medication. Additionally, it should be clear that the victim was medically incapacitated or disabled, meaning they could not defend themselves.
  • You touched the victim's intimate part or forced them to touch your private parts.
  • You touched the person without their consent and intended to abuse them or your sexual satisfaction.

This provision seeks to cater to the rights of medically incapacitated individuals or physically disabled. For example, although medical practitioners may have to touch a patient’s body during treatment, touching aimed at sexual gratification could result in sexual battery charges.

Sexual Battery by Deceitful Representation

Deceitful representation means that you falsely represented yourself to the alleged victim and created a positive impression of yourself to take advantage of the victim. However, touching the victim's intimate parts without their consent must be transparent before securing a conviction.

Sentencing and Punishment for Sexual Battery in California

A violation of California Penal Code 243.4 is a wobbler. The prosecutor can charge you with a felony or a misdemeanor. However, the prosecution has discretion in filing the charges. The following factors could affect their decision:

  • The nature of your actions. Different forms of contact could suffice as offensive touching. The prosecution will consider the nature of the contact and your exact action to charge you with a felony or a misdemeanor.
  • Your criminal history. If you have a prior conviction for a sex crime, the prosecution could charge you with a felony.

The basic form of ‘sexual battery, with no aggravating factors, is charged as a misdemeanor. A misdemeanor sexual battery conviction includes:

  • A six months jail sentence
  • Up to $2,000 in fines or $3,000 if the victim was your employee at the time of the incident
  • Informal probation for up to five years

If you restrain the alleged victim for sexual battery or commit the crime on an institutionalized victim, you will face charges for felony sexual battery. A felony conviction under Penal Code 243.4 attracts the following penalties:

  • A prison sentence of two, three, or four years. Your prison sentence could increase to five years if the alleged victim suffered significant bodily injury from your actions
  • Fines that do not exceed $10,000
  • Sex offender registration
  • Felony probation

Sex Offender Registration for Sexual Battery in California

In California, an individual who commits certain crimes must register as a sex offender. Sex offer registration is the harshest penalty you can face for sexual battery, and it arises when you face a felony conviction. After your release from jail or prison, you must go to the local law enforcement agency and register. The agency will then forward your information to the Department of Justice. As a registered sex offender, you must update your report each year. If you do not have a permanent residence, you must update the information every thirty days.

The information you must provide during the sex offender registration includes the following:

  • Your full name
  • Your Partial or complete address
  • The offense for which you were required to register
  • The year of your conviction
  • Your physical description and identification photo

The mandatory minimum registration person will begin when you are released from jail and may be put on hold when you are committed or incarcerated. Being registered as a sex offender can significantly affect your life. First, you could receive severe societal stigmatization. How people interact with you will change when they learn of your sex offender status. Like a criminal record, the sex offender registry is a public record. Therefore, when a potential employer performs a background check on you, they can use this status to discriminate against you.

In addition to the social stigma and limited professional chances, law enforcement officers will always be on your case when violent or sex crimes occur in your area. Failure to register as a sex offender can attract an arrest and criminal charges under PC 290. Before you face a conviction under this statute, the prosecution must prove that:

  • You were convicted for a sex crime that required sex offender registration
  • You lived in California at the time of the offense
  • You knew that you had a duty to register as a sex offender
  • You failed to register or update your sex offender registration

Depending on the nature of your underlying sex crime, the prosecutor can charge you with a felony or a misdemeanor.

Probation for California Penal Code 243.4

After your conviction for sexual battery, the court can choose between incarceration, probation, or fines. Often, probation serves as an alternative to spending time behind bars. You can be sent to probation for a misdemeanor or felony conviction. There are two main types of probation that the court can impose on your case. Informal probation is imposed for misdemeanor convictions and lasts up to three years. If you face a probation sentence, you might spend your entire sentence out of jail and on probation.

If you face a felony conviction, the court will sentence you to felony probation. Serving probation is a significant way for low-level offenders to avoid jail time. However, the judge attaches several conditions to your probation sentence, including:

  • Avoid committing a misdemeanor or a felony offense while on probation
  • Report your progress regularly. You report your improvement to the court if you are sentenced to misdemeanor probation. However, if you face a felony conviction, the court mandates regular meetings with your probation officer.
  • Perform community service
  • Attend a sexual addiction or rehabilitation program
  • Submit to random drug testing
  • Random searches of your home or person

Legal Defense Against Penal Code 243.4 Charges

While the crime of sexual battery is grave, facing an arrest and charges under this statute does not mean you will be convicted. A skilled criminal defense attorney can help you build a defense against your charges and avoid the harsh consequences that accompany a conviction. Some arguments you can use for your case include the following:

The Alleged Victim Consented

Lack of consent is a crucial element for many sex crimes in California. The prosecution must prove that the alleged victim did not agree to engage in the act before you face a conviction. In cases where the alleged victim is your spouse or domestic partner, it is easy to argue that the person consented to the act, but a disagreement caused them to claim that they were sexually battered. Proving consent or lack of permission is challenging for the prosecution. Therefore, this defense can help you avoid a conviction under this statute.

Insufficient Evidence

When you face sexual battery charges, the prosecutor must establish all the elements of the crime beyond a reasonable doubt. Sexual battery charges could arise from slight inappropriate touching. Therefore, evidence of physical injury is not necessary to prove this crime. This makes it difficult for the prosecuting attorney to prove that you committed the crime. When there is no evidence to prove PC 243.4, the court could direct that the trial be delayed until the prosecutor has enough evidence. You can post bail and meet with your lawyer to plan for your defense during this time.

False Accusations

Since there is no physical evidence needed to prove sexual battery, it is common for you to face criminal charges built on false accusations. False accusations could result from a complainant’s mental instability during the incident. Additionally, some individuals can consciously accuse you of the offense for revenge or out of anger. Cases of false accusations arise when there are no eyewitnesses or recorded evidence.

Mistaken Identification

Most sex crimes occur at night or in secluded areas. Due to the panic and trauma from the incident, a victim can wrongfully identify you. If you believe you are a victim of mistaken identity, you can present evidence such as an alibi to prove your whereabouts at the time of the alleged offense.

Your Contact with the Alleged Victim was not Sexual.

One of the elements that the prosecutor must establish when proving your guilt under PC 243.4 is that you touched the alleged victim intending to gratify yourself, arousal, or sexual abuse sexually. When defending against your charges, your attorney can argue that your contact with the alleged victim was not sexual.

Offenses Related to PC 243.4

Sexual battery is one of the most serious sex crimes with which you can be charged. Some offenses are related to sexual battery and could arise in your case, including:

Rape

Under California PC 261, rape is defined as using force, fear, or threats to engage in non-consensual sexual intercourse with another person. When touching an intimate part is accompanied by forceful sexual penetration, you could be charged with sexual battery and rape. The elements needed to secure a rape conviction in California are:

  1. You engaged in sexual intercourse with someone else. The prosecution must present evidence of sexual penetration for you to be found guilty of rape. However, you must understand that ejaculation is not necessary for an act to be considered sexual intercourse.
  2. You were not married to the alleged victim. If you are married to a victim during non-consensual sexual intercourse, you will be charged with spousal rape.
  3. The alleged victim did not consent to the act. The prosecuting attorney in your case must prove that the victim did not agree to the sexual act for you to be convicted. However, you must understand that some people cannot legally consent to sexual intercourse. If you engage in sexual intercourse with an intoxicated or mentally disabled individual, your rape charges could result in a conviction.
  4. You accomplished the act using violence, threats, menace, or coercion.

Rape is always charged as a felony in California law. A conviction under PC 261 is punishable by a prison sentence ranging from three to eight years. Additionally, the court will mandate that you register as a sex offender for a lifetime after your conviction. In California, rape is a crime of moral turpitude. If you are convicted for the offense, you risk deportation or being rendered inadmissible.

Statutory Rape

California PC 261,5 makes it a crime to have sexual intercourse with someone under eighteen. Legally, a child cannot consent to any sexual act. Therefore, if you willfully participate in sex with a minor, you will face statutory rape charges. The elements that are specific to this crime include:

  • You engaged in sexual intercourse with someone else, and penetration was involved
  • You weren’t married to the other person
  • The alleged victim was under eighteen years at the time of the act

When proving statutory rape, there is no requirement for the prosecution to prove that you used force or violence to accomplish the act.

Statutory rape can attract felony or misdemeanor charges depending on the age difference between the victim and the defendant. You must understand that you can face charges for statutory rape even when you are under eighteen. Although prosecutors do not prioritize prosecuting teenagers for engaging in sex with other victims, it can still happen.

If you are three years older than the victim, the prosecution will file felony charges. However, if the difference between your age and the victim is not more than three years, you will face misdemeanor charges. As a misdemeanor, statutory rape attracts these penalties:

  • Misdemeanor probation
  • A jail sentence of up to one year
  • A maximum of $1,000 in fines

A felony conviction, on the other hand, is punishable by:

  • Felony probation
  • A prison sentence ranges from sixteen months to three years. Your sentence increases to four years if you are above twenty-one years and the victim is under sixteen.
  • Up to $10,000

Simple Battery

Simple battery is the unlawful and offensive touching of another person. Unlike a sexual battery, there is no requirement that you touched someone in a specific part for you to be charged with a simple battery under California Penal Code 242. If you face charges for sexual battery, you can negotiate with the prosecutor to reduce your charges to simple battery, which is a less severe offense. You will be found guilty of simple battery if the following is true about your case:

  • You touched another person. You must understand that even the slightest contact with a victim’s body is considered battery.
  • Your actions were willful. It must be clear that your contact with the other person was not accidental to establish your liability under this statute.
  • You touched the person offensively. The form of contact needed to prove battery must be offensive to the victim.

In most cases, simple battery is a misdemeanor, and a conviction attracts a six months jail sentence or $1,000 in fines. Sometimes, the court could sentence you to informal probation, saving you from jail. However, when the victim of your actions is a peace officer, your jail sentence will be increased to one year.

Find a Criminal Defense Attorney Near Me

Touching another person’s intimate parts without consent attracts an arrest and criminal charges for sexual battery. With California's strict sex crime laws, the stakes are high for defendants facing sexual battery charges. The penalties you face after a conviction for sexual battery are severe and life-changing. In addition to lengthy jail sentences and fines, you may be required to register as a sex offender. Sex offender registration is shameful and can affect how people view you and your professional life.

Fortunately, not all arrests for sexual battery attract a conviction. With the guidance of an experienced attorney, you can present a variety of defenses to fight the charges. At Los Angeles Criminal Attorney, we pride ourselves on advocating for our client’s best interests. We will investigate different aspects of your case to build a strong defense against your charges and avoid the consequences of a sexual battery conviction. If you or your loved one faces a felony or misdemeanor PC 243.4 charges in Los Angeles, CA, you will need our legal expertise. Contact us today at 424-333-0943 and allow us to guide you through the challenging times.