Pen. Code Sec. 243.4
Sexual Assault/Battery, is touching someone’s “intimate parts” for a sexual purpose and against their will. This is a wobbler (can be felony or misdemeanor). A felony touching happens when the victim is restrained. A misdemeanor carries up to a one year sentence and $2000 fine. A felony is up to 4 years in state prison.
- It does not matter if you are in a romantic/sexual relationship with the victim. The question is whether the touching was against the will of the victim.
- Consent of the victim is a defense but not if the consent is obtained through fraud. For example if you claim you are a health practitioner and are performing a medical exam, but are not.
- If the perpetrator has a prior conviction for this crime and the victim is a minor, the crime is a felony, even if no restraint is used.
- Conviction requires registering as a sex offender. This means you must register wherever you live and anyone can go online, pull up a photo of you with your address and crimes you have been convicted of.
- This crime requires the touching of “intimate parts” of the victim. This typically means buttocks, breasts, or reproductive organs. Rubbing sexually against any other part of a victim is not a violation of this crime.
Because even a misdemeanor violation of this crime can land you on the Sex Offender list, it must be fought vigorously.