Sexual Battery California Penal Code 243.4
California Penal code comes up whenever a person has touched the intimate part of another person for purposes of sexual arousal. Touching is defined under California Penal Code 243.4 as the person makes contact with another persons intimate part of the body either directly or through the clothing. The private parts of a person are as follows: Anus, groin, sexual organ, or buttocks. There are three elements to be met to satisfy California Penal Code 243.4. They are 1) Touching the private part of another person 2) Without consent 3) For the purpose for sexual arousal, or abuse. There are three defenses to California Penal Code 243.4
Defenses
The three defenses to California Penal Code 243.4 are
- 1) Consent
- 2) Insufficient Evidence
- 3) False allegations.
Penalties
Generally California Penal Code 243.4 is considered to be a misdemeanor. The person will face a maximum of six months in county jail, a maximum fine of $2,000, and face probation for five years. Penal Code 243.4 could also be tried as a felony depending on the circumstances of the case. The person will face probation, two to four years (Potentially longer if it caused the other person great injury) in California State Prison. Also a maximum penalty of $10,000 and be registered as a sex offender.
Contacting a Minor with Intent to Commit a Felony California Penal Code 288.3
California Penal Code 288.3 does not allow a person from reaching out to a minor (Under 18) with intent to commit a felony. Under California Penal Code 2883 examples of felonies are 1) Kidnapping (PC 207) 2) Aggravated Kidnapping (Holding for Ransom) (PC 209) 3) Rape (PC 261) 4) Rape by Penetration with a foreign object (PC 264.1) 5) Child Endangerment (PC 273a) 6) Sodomy (PC 286) 7) Lewd Conduct with a Minor (PC 288) 8) Forcible Acts of Sexual Penetration such as duress, fear or threats (PC 289) 9) Child Pornography Distribution (PC 311.1 and 311.2) 10) Employing a Minor to Engage in Sex Acts (PC 311.4) 11) Owning of Child Pornography (PC 311.11).
The state must prove three elements beyond a reasonable doubt to succeed on Penal Code 288.3. They are 1) The person contacted or reached out to a minor either directly or indirectly with intention to commit a felony 2) The person had knowledge or reasonably should have known the other person was a minor and 3) The person had specific intent to commit a felony. There are five defenses to California Penal Code 288.3
Defenses
There are five common defenses under California Penal Code 288.3. They are 1) Entrapment 2) The person lack intent to commit the felony 3) The person had no knowledge or reasonably believe the person he or she is reaching out to was a minor 4) The person did not try to reach out to a minor with intent to commit a felony 5) The person has been falsely accused.
Penalties
If a person is convicted under California Penal Code 288.3 the person will face 1) Formal probation 2) 16 months to 3 years in California state prison 3) Maximum fine of $10,000 4) The person will be registered as a sex offender.
Sexual Abuse of a Child California Penal Code 288.5
Under California Penal Code 288.5 requires a recurring sexual conduct of a child. A person has violated this law when 1) He or she has recurring access to a child under fourteen years old and 2) Over the course of 3 months. There are four common defenses under California Penal Code 288.5.
Defenses
Under California Penal Code 288.5 the defenses are 1) The child was making a false story 2) Another person has sexually abused the child 3) Parents have taught the child into making false allegations 4) There was physical contact with the child but nothing sexual.
Penalties
Penal Code 288.5 is considered a felony in California. The person may either serve 6, 12, or even 16 years in state prison. A judge granting probation to a convicted felon is slim to none. Also if the person is convicted they must register for life as a sex offender.
