Sexual battery, as defined by California Penal Code 243.4 PC, involves touching another person's intimate parts without consent for sexual arousal, gratification, or abuse.
PC 243.4 PC also defines various misdemeanor or felony actions that are considered sexual battery, such as PC 243(d) touching someone in an unlawful sexual manner while restrained and PC 243(c) touching someone in an illegal sexual way under false pretenses.
This statute also makes it a sexual battery crime to force another person to touch you or another person in an unlawful sexual manner or PC 243(e)(1) touching another person in an unlawful sexual manner without any of the aforementioned circumstances.
However, if the alleged victim is institutionalized for medical treatment, the crime may be escalated to a felony offense under California Penal Code 243.4(b) PC.
The text of PC 243.4(b) says, "Any person who touches an intimate part of another person who is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery."
If you are charged with sexual battery against someone medically institutionalized, severely disabled, or medically incapacitated, you could face up to four years in state prison if convicted. You may also be required to register as a sex offender for life. Let's review this law further below.
What Are the Definitions for PC 243.4(b)?
Specific definitions for sexual battery against an institutionalized victim under Penal Code 243.4(b) PC include the following:
- For purposes of the law, an "intimate part" is defined as the sexual organ, anus, groin, or buttocks of any person and the breast of a female.
- For purposes of the law, "touching" refers to making physical contact with the victim's intimate parts—either directly or through clothing.
- "Against the will of the person touched" means that the victim either did not freely and voluntarily consent to the intimate touching or was not in a position to consent.
- Being "severely disabled" typically refers to an individual having a serious physical or mental impairment that substantially limits one or more major life activities.
- "Medically incapacitated" typically refers to a person unable to function normally due to prescribed sedatives, anesthesia, or other medication. Thus, such a person would be unable to consent to sexual contact.
The Aggravating Factor: Institutionalized Victims
PC 243.4(b) violation is considered an "aggravating factor" in sexual battery cases. An institutionalized victim refers to someone confined in a health facility such as a hospital, nursing home, or similar institution. The vulnerability of these individuals due to their institutionalized status makes the crime more severe, thus leading to harsher penalties for the offenders.
What Are the Legal Elements of PC 243.4(b)?
To convict you of committing sexual battery against an institutionalized victim, the prosecution must prove the following elements beyond a reasonable doubt:
- You touched a person intimately without their consent for your sexual gratification, the definition of sexual battery;
- The victim was medically institutionalized at the time; AND
- The victim was severely disabled; OR
- The victim was medically incapacitated.
What Are the Related Laws?
Several California laws are related to Penal Code 243.4(b), including the following:
- Penal Code 261 PC – rape,
- Penal Code 261.5 PC – statutory rape,
- Penal Code 288 PC – lewd acts on a minor,
- Penal Code 242 PC – battery,
- Penal Code 287 PC – oral copulation by force or fear;
- Penal Code 243.4(j) PC - increases the sexual battery crime from either a misdemeanor or wobbler to a felony if the defendant has already suffered a conviction for one a wobbler forms of sexual battery, and the pending charge is for sexual battery of a minor.
What Are the Penalties for PC 243.4(b)?
Technically speaking, a violation of PC 243.4(b) is a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony offense.
However, since it's considered an aggravating factor to commit sexual battery against a medically institutionalized individual, prosecutors usually try to charge this crime as a felony unless there is a significant reason not to do so.
If charged as a misdemeanor, a conviction can result in:
- Up to 1 year in county jail; and
- A fine of up to $2000.
If charged as a felony, a conviction can result in:
- Two, three, or four years in state prison; and
- A fine of up to $10,000.
Required Sexual Offender Registration
In addition to the penalties above, a sexual battery conviction will also result in your being required to register as a sex offender.
- Misdemeanor sexual battery is a Tier 1 offense—meaning you'll be required to register as a sex offender for at least ten years after your release from incarceration.
- Felony sexual battery is a Tier 3 offense—meaning you'll be required to register as a sex offender for life.
What Are the Defenses for PC 243.4(b)?
Despite the severity of criminal charges under PC 243.4(b), a skilled criminal California defense attorney can employ several legal defenses to combat the charges, as discussed below.
Perhaps we can argue that there was consent. Suppose the alleged victim consented to the intimate touching. In that case, the act didn't qualify as sexual battery. Proving this defense may also prove that the alleged victim was not medically incapacitated and could consent.
Perhaps we can argue that there was no sexual touching. Your attorney can argue that your touching of the victim was not intended for sexual gratification. For example, maybe the touching was accidental or unintentional as part of caring for the person.
Perhaps we can argue that you are the victim of a false accusation. Your attorney could argue that you have been falsely accused of the crime, perhaps due to a misunderstanding, mistaken identity, or malice on the part of the accuser.
Perhaps we can negotiate for misdemeanor charges, Even if there is sufficient evidence to convict you of sexual battery against an institutionalized victim, your attorney may negotiate prefiling with the court or prosecutors to reduce the charges from felony to misdemeanor, citing mitigating factors. This would reduce your sentence and the time you'd have to register as a sex offender.
Contact our law firm for a case evaluation by phone or through the contact form. Eisner Goring LLP has offices in Los Angeles, CA.
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