Penal Code 243.4 – Sexual Battery

California Penal Code Section 243.4 defines the crime of sexual battery. Here is the text of Penal Code Section 243.4:

“243.4. (a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.

(b) Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is accomplished under any of the following circumstances, is guilty of sexual battery:

-(1)Where the person is restrained by someone known to be substantially physically disabled within the meaning of subdivision (g) of Section 243.

-(2)Where the person is restrained and the defendant is an active participant in the commission of a crime, or an attempt to commit a crime, against the person touched, where the sexual touching is reasonably related to the crime or attempted crime.

-(3)Where the person is restrained and the defendant is a public officer or employee, and the touching is against the will of the person touched, and is for the purpose of sexual arousal, sexual gratification, or sexual abuse.

(c) Except as provided in subdivision (d), sexual battery is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).”

In summary, Penal Code 243.4 defines sexual battery in California as the non-consensual touching of another person’s intimate body part for the purpose of sexual arousal, gratification, or abuse. It also covers cases where the touching occurs while the person is unlawfully restrained, the victim is substantially physically disabled, the defendant is an active participant in a crime or attempted crime against the victim, or the defendant is a public officer or employee. The penalties for sexual battery can range from county jail time and fines to imprisonment in state prison, depending on the circumstances