Definition

Sexual Battery under California Penal Code Section 243.4, is a criminal offense and it is normally filed as either a felony or  misdemeanor. Sexual Battery is when someone makes physical contact with someone else’s private parts for the purposes of sexual gratification or arousal, and without that person’s permission.

Elements of the Crime

In order to take an Sexual Battery CPC 243.4 case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant deliberately made contact with someone’s privates

·         The person did not agree to this

·         The defendant committed this act for sexual gratification

Punishments for CPC 243.4

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, the capabilities and/or health of the victim,  and also an individual’s criminal history.

When found guilty of Sexual Battery, it is usually filed as either a  misdemeanor or felony and this includes:

·         As a misdemeanor, the charges are six months in jail, up to two thousand dollars in fines, a mandate to register as a lifetime sex offender and five years of informal probation

·         As a felony, two, three or four years in prison, up to ten thousand in fines, a mandate to register as a lifetime sex offender and a formal probation

NB. For this offense to be sentenced under a felony, the elements of the crime to be verified include that sexual battery was performed on someone who was not conscious, someone who was held down, or someone who had mental disabilities. A victim restitution of three thousand dollars may also be ordered if the victim was an employee.

Legal Defenses for California Penal Code 243.4

A good lawyer can present many legal and valid defenses for Sexual Battery charges under California Penal Code 243.4 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Sexual Battery. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Sexual Battery.

The conditions for battery are never clear cut, as there are many other cases of battery under California law, including sexual battery, aggravated battery, assault with a deadly weapon and more. The judge will have to scrutinize all aspects of the case, and the circumstances under which a battery took place in order for justice to run its course.

Learn more about other California Section Penal Codes here