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What's the Difference Between Battery and Sexual Battery?

Posted by Dmitry Gorin | Jan 21, 2025

In the State of California, being charged with a crime either of "battery" or "sexual battery" may cause some confusion, especially if you think of "battery" in the context of striking someone forcefully. In legal terms, battery and sexual battery are two different crimes; both involve unwanted physical contact, but one has more to do with intent than the other.

And while they share some common elements, these charges have fundamental differences that can impact the legal consequences you face. If you've been charged with sexual battery in particular, exploring the legal differences between these offenses may help inform your defense.

Penal Code 243.4 PC - Sexual Battery
In California, battery and sexual battery both involve unwanted touching, but the intent is the difference.

California Penal Code 242 PC defines the crime of simple battery as the willful and unlawful use of force or violence on someone, even if it does not cause injury or actual pain.

Simple battery is a misdemeanor punishable by up to 6 months in jail and fines of up to $1,000. However, it is often possible to negotiate a charge reduction or full dismissal without a trial, offering a glimmer of hope in a challenging situation.

Suppose the battery does result in physical harm. In that case, you could be charged instead with battery causing serious bodily injury under Penal Code 243(d) PC.

Sexual battery is defined by Penal Code 243.4 as touching another person's intimate parts without consent and for the purpose of sexual gratification, arousal, or abuse.

Suppose you are convicted in California of misdemeanor sexual assault without aggravating factors. In that case, you can face up to 6 months in jail, up to $2,000, or informal summary probation for up to 5 years. This crime is typically a misdemeanor but can be a felony if the victim is restrained, unconscious, or medically incapacitated.

What is California's Definition of Battery?

Under California Penal Code 242 PC, battery (also known as "simple battery") is defined as the "willful and unlawful use of force or violence upon the person of another."

This does not have to be as violent as hitting or punching (although many times it is); it could involve any physical contact that is done intentionally without the victim's consent.

California Penal Code 242 PC - Battery

Importantly, the battery does not require the use of a weapon or result in injury-simply making unwanted physical contact can be enough to constitute the crime. Many people use the phrase "assault & battery." In fact, California assault and battery are two distinct crimes

Assault under Penal Code 240 PC is an attempt to use force or violence on someone, while battery is the actual use of force or violence on someone else. In other words, an assault is like an attempted battery, and a battery is like a completed assault.

Because it's a misdemeanor offense, simple battery generally carries less severe penalties than sexual battery. However, it is still a serious charge that goes on your criminal record and may affect your future.

What Is Sexual Battery?

You violate California's sexual assault law when you touch someone against their will, which means that they did not consent to the act. In order to consent, a person must act freely and voluntarily, knowing the nature of the act to which they are consenting.

Sexual battery, under California Penal Code 243.4, is a specific, more serious type of battery that involves two additional elements beyond simple battery:

  • The unwanted physical contact specifically involves touching "intimate parts" of another person's body (i.e., genitals, buttocks, groin, or female breast) and
  • The contact was conducted for purposes of sexual arousal, gratification, or abuse.

Sexual battery can also occur in circumstances where the victim is restrained, unconscious of the contact, or incapacitated. For example, touching an intimate part of someone who has been sedated during medical treatment could result in a sexual battery charge because the victim was unable to give consent.

To "touch" someone with respect to misdemeanor sexual battery means you make physical contact with the intimate part of the victim, either:

  • Directly, or
  • Through clothing (either your clothing or the alleged victim).

To touch someone with respect to felony sexual battery means you make physical contact with the bare skin of the victim, either directly or through your clothing. It is not felony sexual battery if the alleged victim's body only makes contact through their clothes.

When you commit a sexual battery with the specific intent to "cause sexual abuse" against somebody, it means that you intend to injure, hurt, humiliate, intimidate, or cause pain in their intimate parts. Sexual touching with this goal could be sexual battery even if you were not motivated by a desire to enjoy sexual gratification or sexual pleasure yourself.

Consequences of Sexual Battery Versus Simple Battery

While simple battery is always a misdemeanor, sexual battery is classified as a "wobbler" offense. This means prosecutors can charge it as either a misdemeanor or felony, depending on the circumstances of the case and the accused's criminal history, potentially leading to more severe penalties.

Simple battery is typically charged as a misdemeanor in California. If convicted, you could face:

  • Up to six months in county jail, and
  • A fine of up to $2,000.

By contrast, sexual battery is classified as a "wobbler" offense, meaning prosecutors can charge it as either a misdemeanor or felony, depending on the circumstances of the case and the accused's criminal history. Misdemeanor sexual battery can result in:

  • Up to six months in jail.
  • A fine of up to $2,000.
  • If the defendant was an employer and the victim was an employee, fines can increase to $3,000.

Felony sexual battery, on the other hand, carries:

  • Between two and four years in state prison, and
  • Fines up to $10,000.

One of the most severe consequences of being convicted of sexual battery, whether as a misdemeanor or felony, is the requirement to register as a sex offender under California law.

This registration is typically for a minimum of ten years and can have long-lasting effects on your personal and professional life, as it often limits housing and employment opportunities.

How a Criminal Defense Attorney May Help You

Being accused of sexual battery is serious, but with the right legal representation, it may be possible to mitigate the charges. One common strategy is to seek to have the charge reduced from sexual battery to simple battery, offering a ray of optimism in a difficult circumstance.

Doing so can dramatically reduce the potential penalties and remove the requirement to register as a sex offender.

A skilled California criminal defense attorney may pursue several approaches to accomplish this reduction, including challenging the evidence, proving a lack of intent, or demonstrating consent. Understanding these potential defenses can help individuals facing sexual battery charges feel more informed and prepared for their legal proceedings.

  • Challenging the Nature of the Contact: The prosecution must prove beyond a reasonable doubt that the intimate parts of the victim's body were touched. If evidence casts doubt on whether contact was made with an intimate area, it can weaken the case for sexual battery.
  • Proving Contact Was Incidental: For a sexual battery charge, there must be an intent for sexual gratification or abuse. If the defense can demonstrate that the physical contact with intimate parts was accidental or incidental-for example, occurring unintentionally in a crowded space-there may be grounds to have the sexual intent element dismissed.

For more information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.

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About the Author

Dmitry Gorin

Dmitry Gorin is a State-Bar Certified Criminal Law Specialist, who has been involved in criminal trial work and pretrial litigation since 1994. Before becoming partner in Eisner Gorin LLP, Mr. Gorin was a Senior Deputy District Attorney in Los Angeles Courts for more than ten years. As a criminal tri...

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