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Penalties for Sexual Battery in California

Are you being accused of unwanted sexual contact in Orange County, California? Or, are you facing criminal charges because you allegedly “touched” someone inappropriately without their consent? Either way, you could be facing criminal charges under Section 243.4(a) of the California Penal Code,Sexual Battery. Under Sec. 243.4(a), you commit sexual battery if you:

  • Touch another person’s intimate part while he or she is unlawfully restrained by you or an accomplice, and the touching is against the person’s will, and the touching was for sexual abuse, arousal, or gratification.
  • Touch another person’s intimate part while he or she is unconscious and the touching was for sexual arousal, abuse, or gratification.
  • Touch another person’s intimate part while he or she is receiving medical treatment and medically incapacitated or severely disabled, and the touching is for sexual arousal, abuse, or gratification.
  • Touch someone else’s intimate part and the person does not want to be touched, and the touching is for sexual abuse, gratification, or arousal.

To further explain “touching,” Sec. 243.4(a) defines it as, “physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.”

For example, if a manager grabs a female employee’s breasts, he can be found guilty of sexual battery. Or, if a college student pushed a female against a wall and put his hands in her pubic area on campus, she could file charges and he could be charged with sexual battery. Understandably, there are many scenarios where someone could be faced with sexual battery allegations.

Penalties for Sexual Battery in California

If you are charged with sexual battery in California, the penalties depend on the facts of the case. You could face up to one year in county jail and a fine not to exceed $2,000. Or, in serious circumstances, you could face up to four years in prison and a fine not to exceed $10,000.

If you’re facing sexual battery charges, contact our firm to set up a free case evaluation with an Orange County criminal defense attorney!

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