Sexual Battery Defense
Information on the crime of sexual battery is found at California penal code section 243.4(e)(1).
PC 243.4(e)(1) Law (Abbr.)
PC 243.4(e)(1) Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of PC 243.4(e)(1).
As used in this subdivision, “touches” means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.
As used in subdivisions (a), (b), (c), and (d), “touches” means physical contact with the skin of another person whether accomplished directly or through the clothing of the person committing the offense.
As used in this section, the following terms have the following meanings:
(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, and the breast of a female.
(2) “Sexual battery” does not include the crimes defined in Section 261 or 289.
(3) “Seriously disabled” means a person with severe physical or sensory disabilities.
(4) “Medically incapacitated” means a person who is incapacitated as a result of prescribed sedatives, anesthesia, or other medication.
(5) “Institutionalized” means a person who is located voluntarily or involuntarily in a hospital, medical treatment facility, nursing home, acute care facility, or mental hospital.
(6) “Minor” means a person under 18 years of age.
(h) This section shall not be construed to limit or prevent prosecution under any other law which also proscribes a course of conduct that also is proscribed by this section.
(i) In the case of a felony conviction for a violation of this section, the fact that the defendant was an employer and the victim was an employee of the defendant shall be a factor in aggravation in sentencing.
(j) A person who commits a violation of subdivision (a), (b), (c), or (d) against a minor when the person has a prior felony conviction for a violation of this section shall be guilty of a felony, punishable by imprisonment in the state prison for two, three, or four years and a fine not exceeding ten thousand dollars ($10,000).
PC 243.4(e)(1) Sentence & Punishment
Probation Sentence: A probation sentence is a period of supervision as opposed to an actual jail sentence. A probation sentence carries conditions of probation, or terms of probation, that must be followed by the probationer in order to avoid further punishment, including an actual jail sentence. A probation sentence for a PC 243.4(e)(1) crime is called informal probation, which means that the defendant is not monitored or supervised by a probation officer during the probationary period. Probation setences are available misdemeanor sexual battery (PC 243.4(e)(1)) cases, but they are not guaranteed. Whether or not a defendant is granted a probation sentence after a PC 243.4(e)(1) conviction depends largely on the facts of the case and the defendant's criminal history.
Note: It is possible to be ordered to serve a jail sentence as a term of probation, as opposed to being ordered to a jail sentence without a grant of probation. However, when a jail sentence is ordered as a term of probation the jail term is usually much shorter than the maximum jail sentence otherwise associated with the crime and the defendant may usually serve his or her jail sentence on work release or house arrest.
Sex Offender Registration: If found guilty of lewd and lascivious acts on a minor under 14 (PC 288(a)), the defendant will be ordered to register as a sex offender pursuant to PC 290. For more information please see sex offender registration requirements.
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PC 243.4(e)(1): Sexual Battery
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