What are the factors or elements for 243.4 Sexual Battery?
Under Penal Code 243.4 PC, California law prohibits touching the intimate part of another person for purposes of sexual
- Gratification, or
Sexual battery can be either misdemeanor or
felony sexual battery. Felony penalties may apply if the alleged victim:
- Was unaware of the nature of the act because s/he was fraudulently convinced that the touching was for professional purposes (like, for example, medical or therapeutic purposes),
- Was unlawfully restrained,
- Was institutionalized andeither medically incapacitated or seriously disabled, or
- Was forced to masturbate or touch one of your intimate parts . . . or the intimate part of another person . . . under any of the above circumstances.
Here are some examples of misdemeanor sexual assault:
- Intentionally fondling a female stranger’s breast without permission, or
- Putting your hands on someone else’s buttocks without first obtaining consent to do so.
And here are some examples of felony sexual assault:
- Holding someone down while you unbutton their pants and put your hand inside their underwear,
- A male therapist convincing his patient that she should allow him to fondle her bare breast in order to overcome her sexual inhibitions, and
- Convincing an institutionalized mentally ill person to masturbate in front of you.
A misdemeanor sexual battery conviction carries a maximum county jail sentence of either six (6) months or one (1) year, depending on the circumstances…and a fine of up to $2,000 (or up to $3,000 if the victim was your employee).
A conviction for felony sexual battery subjects you to two, (2), three (3) or four (4) years in the California state prison and a maximum $10,000 fine.
If you are convicted of either a misdemeanor or felony Sexual Battery charge you will be subject to a lifetime registration as a sex offender per 290 PC.
How can we defend you against charges of California Penal Code 243.4 PC Sexual Battery?
Some of the defenses for 243.4 PC include:
- Insufficient evidence,
- Consent (the alleged victim consented to the act), and
- False allegations/Innocence.
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!
Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.
Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!
Please CLICK HERE to visit our dedicated page on battery charges for more info.