Under California Penal Code Section 243.4, sexual battery does not require direct skin-to-skin contact, meaning even touching through someone’s clothing can lead to serious charges if the touching can be proved to be for sexual gratification or abuse. While this fact will certainly influence the penalties of a sexual battery conviction, the court treats all accusations of sexual battery extremely seriously.

Unfortunately, the only evidence in many sexual battery cases often boils down to “he said, she said.” In these cases you need to contact an attorney immediately to ensure the case is dismissed as early as possible.

Defense Attorney for Sexual Battery in San Diego

If you have been charged with Sexual Battery in San Diego County, you need to contact an experienced defense attorney immediately. Aside from any pending criminal penalties, simply being accused of sexual battery can result in being viewed with extreme suspicion from friends and family as well as a serious loss to your representation.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to build your sexual battery case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

Overview of Sexual Battery Laws in California

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The Crime of Sexual Battery Under California Law

Sexual battery in California is defined and regulated under Penal Code Section 243.4. The law identifies several situations where non-consensual touching of another person’s intimate parts is considered a crime. The severity of the charge depends on the circumstances:

  • 243.4(a): Applies when the victim is restrained against their will and the touching is for sexual purposes.
  • 243.4(b): Covers cases where the victim is institutionalized or physically incapacitated and unable to consent.
  • 243.4(c): Criminalizes touching that occurs under fraudulent pretenses, such as pretending to provide medical care.
  • 243.4(d): Includes cases where someone is caused to touch intimate parts under restraint or incapacity.
  • 243.4(e): Addresses misdemeanor sexual battery, where touching occurs without aggravating factors such as restraint or fraud.

Valid medical practices, legal “strip searches” and incidental touching that may come as a result of arresting a person or ejecting a person from club or place of business are not considered sexual battery.

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What Does a Jury Consider in Sexual Battery Cases?

For a conviction under Penal Code Section 243.4, a jury must determine whether specific legal elements are met. These elements generally include the following:

  • The prosecution must prove that the defendant intentionally touched an intimate part of the victim.
  • The touching must have occurred without the victim’s consent.
  • The defendant must have acted with the intent of sexual arousal, sexual gratification, or sexual abuse.

In cases involving 243.4(a) or (b), additional factors such as unlawful restraint or the victim’s incapacity to consent may need to be proven. Fraudulent intent, as defined in 243.4(c), requires showing that the defendant misrepresented their purpose to gain access to the victim.

Jury instructions, such as CALCRIM No. 935 (for felony sexual battery) or CALCRIM No. 938 (for misdemeanor sexual battery), guide jurors in evaluating whether these elements are satisfied beyond a reasonable doubt.

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Penalties for Sexual Battery in California

The penalties for sexual battery in California depend on whether the offense is classified as a misdemeanor or felony.

Misdemeanor sexual battery, defined under Section 243.4(e), is punishable by up to six months in county jail and fines up to $2,000, or $3,000 if the victim is an employee of the defendant.

Felony sexual battery under Sections 243.4(a), (b), (c), or (d) carries a more severe penalty of two, three, or four years in state prison and fines up to $10,000.

In addition, it is highly likely that you will be required to register as a sexual offender under California Section 290.

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Lesser Crimes Related to Sexual Battery in California

  • Simple Assault (Penal Code Section 240): If no physical contact occurs but there is evidence of intent to cause harm or offensive contact, the charge may be reduced to assault.
  • Battery (Penal Code Section 242): If the prosecution cannot prove that the touching was for sexual arousal, gratification, or abuse, the charge may be reduced to general battery.
  • Attempted Sexual Battery: In cases where the prosecution cannot prove that all elements of the crime occurred (such as actual touching), the defendant may face charges of attempting sexual battery, which carry lesser penalties.

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Additional Resources

California Penal Code Section 243.4 – This official California statute defines sexual battery and outlines the various degrees of the offense, such as misdemeanor and felony classifications. It also specifies key terms like “intimate parts,” conditions such as unlawful restraint, and penalties ranging from fines to state prison sentences.

Domestic Violence & Sex Crimes Unit – This page from the City of San Diego explains the role of the Domestic Violence & Sex Crimes Unit, which prosecutes misdemeanor cases including sexual battery. It highlights the unit’s focus on early intervention and coordinated community responses to address domestic and family violence, elder abuse, and stalking.

Sexual Assault Felony Enforcement (SAFE) Task Force – This resource from the San Diego County Sheriff’s Office describes the SAFE Task Force, a collaboration of law enforcement agencies dedicated to monitoring and enforcing sex offender registration laws in San Diego County. It explains the task force’s mission to reduce sexually motivated crimes through public notifications, monitoring, and investigations, while offering contact information for public inquiries.

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Hire an Attorney for Sexual Battery in San Diego, California

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to build your sexual battery case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.