§ 243.4 PC – Sexual Battery – California Law & Penalties

Sexual battery is defined by Penal Code § 243.4 as touching another person’s intimate parts without consent and for the purpose of sexual gratification, arousal, or abuse. This crime is usually a misdemeanor but can be a felony if the victim was restrained, unconscious, or medically incapacitated.

This chart illustrates the penalty range if you get convicted:

Misdemeanor sexual battery penalties	Up to 6 months in jail (or up to 1 year in jail if there was an aggravating factor) and/or probation; Up to $2,000 (or if the victim was your employee, up to $3,000); and Tier I sex offender registration for 10 years.
Felony sexual battery penalties	2, 3, or 4 years in prison (or if the victim is seriously hurt, an extra 3 to 5 years) and/or probation; and Up to $10,000; and Tier III sex offender registration for life (usually).

In this article, our criminal defense attorneys provide a comprehensive guide to understanding California sexual assault law by addressing the following:

• 1. Penalties
• 2. Defenses
• 3. Definitions
• 4. Statute of limitations
• 5. Can I be sued?
• 6. Other battery offenses
• Additional resources

1. Penalties

In California, sexual battery is typically a misdemeanor.¹ However, it can be a felony if there are aggravating factors, such as:

• the victim is unlawfully restrained,²
• the victim institutionalized for medical treatment AND is seriously disabled or medically incapacitated,³
• the victim is unaware of the nature of the act because you fraudulently represented that the touching served a professional purpose,⁴ or
• the victim is made to masturbate or touch the intimate parts of you, an accomplice or another person under any of the above circumstances.⁵ (This is the only scenario where California recognizes a sexual battery if the complaining witness is forced to touch your intimate parts instead of you touching theirs.⁶)

Misdemeanor sentence for sexual battery

If you are convicted in California of misdemeanor sexual assault without aggravating factors, you may face:

• Up to 6 months in jail,⁷
• Up to $2,000 (or up to $3,000 if the alleged victim was your employee),⁸ and/or
• informal (“summary”) probation for up to 5 years, which may include
  1. community service,
  2. completion of a batterer’s education program, and/or
  3. completion of a program designed to help those with sexual abuse/compulsion issues, and/or
  4. Penal Code 290 PC registration as a tier one sex offender for a minimum of 10 years.⁹

Note that prosecutors can choose to prosecute sexual battery as a misdemeanor even if there are aggravating factors, but the maximum jail sentence would be one year.¹⁰

Felony sentence for sexual battery

Sexual battery with aggravating factors is a California felony, carrying:

• formal (felony) probation,
• 2, 3, or 4 years in prison ¹¹ and possibly an additional 3-to-5 years in prison if the alleged victim sustains a great bodily injury (a significant or substantial physical injury),¹²
• Up to $10,000,¹³ and/or
• registration as a tier three sex offender for life.¹⁴

2. Defenses

Here at Shouse Law Group, we have represented literally thousands of people charged with sexual battery. In our experience, the following defenses have proven very effective with prosecutors, judges, and juries.

You had consent

If the touching is consensual – or if you hold a reasonable belief that the touching is consensual – then you did not commit a sexual battery in California.¹⁵

At Shouse Law Group, we can often show that the alleged victim consented through such circumstantial evidence as text messages, voicemails, and eyewitness accounts from around the time of the incident.

There was no sexual touching

In past sexual battery cases, we have been able to show that any touching that occurred was either not sexual or occurred by mistake (such as accidentally brushing up against someone’s backside in a crowd).

Plus since there is rarely physical evidence of what exactly happened, then there may be insufficient proof to sustain a sexual battery allegation beyond a reasonable doubt.¹⁶

You were falsely accused

In our decades of combined experience as criminal defense attorneys, we see time and again innocent people getting their lives turned upside down by untrue allegations of sexual misconduct. Also, because sexual battery allegations do not require a physical injury, it is an easy crime to accuse another person of without actual evidence.

Fortunately, experience has also shown us that there are many ways to impeach the accuser’s credibility and show that they are being motivated by jealousy, anger, revenge, or an effort to influence the outcome of a child custody dispute. Through intensive pretrial investigation, we can often amass enough evidence to show that the accuser was lying and persuade the D.A. to drop the case without a trial.

3. Definitions

Penal Code 243.4 PC defines sexual battery (alternatively referred to as sexual assault) as:

1. touching the intimate part of another person,
2. against that person’s will,
3. for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.¹⁷

You can be convicted even if you are involved with the accuser in an ongoing sexual relationship. Plus – unlike the California crime of rape under Penal Code 261 PC – sexual assault does not require that you engage in actual sexual penetration or sexual intercourse.¹⁸

Let’s now examine some of these terms and phrases more closely to better understand their legal meaning.

Touch

To “touch” another person with respect to misdemeanor sexual battery means you make physical contact with the intimate part of the victim, either

1. directly, or
2. through clothing (either your clothing or the clothing of the alleged victim).¹⁹

To touch another person with respect to felony sexual battery means you make physical contact with the bare skin of the victim, either

1. directly, or
2. through your clothing.²⁰

It is not felony sexual battery if the alleged victim’s body only makes contact through their clothes.

Example: Chad touches Sherrie’s breast through her clothes. Because the touching that occurred was only through Sherrie’s clothes, Chad is not guilty of felony sexual assault.

Intimate part

An “intimate part” is a female’s breast, or anyone’s

• anus,
• groin,
• sexual organ, or
• buttocks.²¹

Against the will of the other person

You violate California’s sexual assault law when you touch the other person against their, will which means that they did not consent to the act. In order to consent, a person must act freely and voluntarily knowing the nature of the act to which they are consenting.²²

This is why you can be charged with aggravated sexual battery even if the victim consents IF you fraudulently represented that the touching served a professional purpose. This is because fraud cancels out consent.

An individual cannot consent if they have been misled and do not know the nature of the act to which they consent.

Sexual abuse

When you commit a sexual battery with the specific intent to “cause sexual abuse” against someone, it means that you intend to

• injure,
• hurt,
• humiliate,
• intimidate, or
• cause pain in their intimate parts.

Sexual touching with this as a goal can be sexual battery even if you were not motivated by a desire to enjoy sexual gratification or sexual pleasure yourself.²³

Unlawful restraint

You unlawfully restrain someone when:

1. you control their freedom of movement by words, acts, or authority, and
2. the restraint is against their will.²⁴

Unlawful restraint requires more than just the physical force necessary to accomplish the sexual touching.²⁵

Example: Jill, a teacher, invites her student, Stephanie, into an empty classroom, closes the door and blocks it with a chair. Jill then fondles Stephanie’s bare breasts.²⁶

Jill used more than just physical force; she used her authority, creating a private situation by blocking the door and preying on Stephanie’s fear.²⁷

Also, you do not unlawfully restrain someone if you use lawful authority for a lawful purpose as long as the restraint continues to be lawful.²⁸

Example:  Bob, a correctional officer, transports handcuffed male inmates. However, when Bob partially undresses them to fondle them, the purpose is no longer lawful, and the inmates are now unlawfully restrained.²⁹

Accomplice

When you are an accomplice – also known as the crime of “aiding and abetting” – you are subject to prosecution in the same manner and the same penalties as the primary culprit.³⁰ You were an “accomplice” to the crime of sexual battery if you

1. knew the primary culprit is acting in a criminal way, and
2. intended to – and did, in fact –
   • a) aid, facilitate, promote, encourage or instigate the commission of the sexual assault, or
   • b) participate in a criminal conspiracy (that is, a joint effort) to commit the sexual battery.³¹

4. Statute of limitations

When you are suspected of misdemeanor sexual battery, California prosecutors have one year after the alleged incident to file criminal charges.³²

Though in suspected cases of felony sexual battery, California prosecutors have 10 years after the alleged incident to file charges.³³

5. Can I be sued?

Yes. An alleged “victim” of sexual assault can sue you in civil court to try and recover any damages they incurred because of the offense, such as medical bills and pain and suffering.

This lawsuit is a separate and additional action from the criminal charges that you may face. In a civil lawsuit, the “victim” has the burden of proving that you committed a battery and the crime led to verifiable damages.

Note that California now prohibits “stealthing” – a form of sexual battery where you remove a condom during sexual intercourse without your partner’s verbal consent. A stealthing victim can file a civil suit against you if they suffer harm and injuries because of the act.³⁴

6. Other battery offenses

California battery offense	Penalties
Simple battery (PC 242)	Misdemeanor: Up to 6 months in jail and/or $2,000
Aggravated battery causing serious bodily injury (PC 243(d))	Misdemeanor: Up to 1 year in jail and/or $1,000 or Felony: 2, 3, or 4 years in jail (plus 3 to 6 years if the victim suffers great bodily injury) and/or up to $10,000
Battery on a custodial officer (PC 243.1)	Felony: 16 months, 2 years, or 3 years in jail (or 2, 3, or 4 years if the victim sustains great bodily injury)
Battery on a peace or police officer (PC 243(b) & (c)) and Battery on a school employee (PC 243.6)	No injury Misdemeanor: Up to 1 year in jail and/or $2,000
	With injury that requires medical treatment Misdemeanor: Up to 1 year in jail and/or $2,000 or Felony: 16 months, 2 years, or 3 years in jail and/or up to $10,000
Domestic battery (PC 243(e)(1))	Misdemeanor: Up to 6 months in jail and/or $2,000

Additional resources

If you are a victim, refer to the following for help:

• SAFE (Stop Abuse For Everyone) – Stop Abuse For Everyone (SAFE) promotes services for all victims and accountability for all perpetrators.
• Sexual Violence Resources – List by the California Attorney General of government agencies and other organizations providing information and support.
• California Coalition Against Sexual Assault (CALCASA) – Leading state advocacy group supporting victims and prevention. Key resource for education.
• California Victim Compensation Program – Provides financial assistance to victims of violent crime including sexual assault. State program.
• RAINN – National sexual assault hotline providing free, confidential support for survivors 24/7.

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