Sexual Battery, Penal Code Sections 243.4(a) – (e)(1)

Sexual battery, Penal Code section 243.4, whether charged as a felony or misdemeanor, is a serious accusation that can have wide-ranging consequences, including custody time, sex offender registration, and collateral consequences, such as suspension or revocation of professional licensing. Such allegations are particularly damaging for professionals whose reputation and livelihood can be at stake.

Penal Code section 243.4(a), sexual battery, is a wobbler, which can be charged as a felony or misdemeanor. To be found guilty of sexual battery, the prosecution must prove beyond a reasonable doubt that:

1. The defendant unlawfully restrained the alleged victim;
2. While the victim was restrained, the defendant touched an intimate part of the alleged victim or caused the alleged victim to touch the intimate part of the defendant or someone else;
3. The touching was done against the alleged victim’s will;

AND

4. The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.

The term “intimate part” is defined in Penal Code section 243.4(g)(1) as “the sexual organ, anus, groin, or buttocks of any person, and the breast of a female.”

Penal Code section 243.4(b), sexual battery of an institutionalized victim, is a wobbler, which can be charged as a felony or misdemeanor. To be found guilty of sexual battery of an institutionalized victim, the prosecution must prove beyond a reasonable doubt that:

1. The defendant touched an intimate part of the alleged victim;
2. The touching was done against the alleged victim’s will;
3. The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse;

AND

4. The touching occurred while the alleged victim was institutionalized for medical treatment and was seriously disabled or medically impaired.

Penal Code section 243.4(c), sexual battery by fraudulent representation, is a wobbler, which can be charged as a felony or misdemeanor. To be found guilty of sexual battery by fraudulent representation, the prosecution must prove beyond a reasonable doubt that:

1. The defendant touched an intimate part of the alleged victim’s body;
2. The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse;
3. The defendant fraudulently represented that the touching served a professional purpose;

AND

4. The person touched was not conscious of the sexual nature of the act because of the fraudulent representation.

The model jury instruction, California Criminal Jury Instructions (CALCRIM) Number 937, defines lack of consciousness in this context as follows, “A person is not conscious of the sexual nature of the act if he or she is not aware of the essential characteristics of the act because the perpetrator fraudulently represented that the touching served a professional purpose when it did not.”

Penal Code section 243.4(e)(1) is a misdemeanor. Misdemeanor sexual battery under Penal Code section 243.4(e)(1) does not require that the defendant restrained the victim. To be found guilty of misdemeanor sexual battery, Penal Code section 243.4(e)(1), the prosecution must prove beyond a reasonable doubt that:

1. The defendant touched an intimate part of the alleged victim;
2. The touching was done against the alleged victim’s will;

AND

3. The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.

An allegation of sexual battery or other sex crimes is serious and could result in serious penalties and other consequences. If you or a family member has been charged with or is being investigated for sexual battery in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been accused of felony and misdemeanor level sex offenses.

For more information about all types of sex crimes, including sexual battery, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc. located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (323) 464-6453.