Often, folks don't fully realize they've committed sexual battery.
They believe they haven't had contact with another in a way not allowed
by law. The Law Office of Nic Cocis and Associates understands this, and
we want to make sure our clients get authoritative representation according
to the way California looks at
California Penal Code 243.4 explains it best when it says: If you "touch
an intimate part of another" while the other is "unlawfully
restrained" --by you, or by your friend-- if the "intimate touching"
is "against the will" of the other person, and if the touching
is for your "sexual gratification or arousal" or for "sexual
abuse", you can be charged with sexual battery and ordered into a
county jail for up to one year. You can also be required to pay a $2,000 fine.
California law doesn't stop there. It goes on to declare: If you "touch
an intimate part of another" who is "institutionalized for medical
reasons" and who is "seriously disabled or medically incompetent"(like
in a nursing home or hospital), or who is "unconscious" and
thus cannot give consent--and if you've gotten "sexually gratified"
by this touching--you can be charged with sexual battery
If you've convinced another person--by misrepresenting yourself and
your intentions (like pretending you're a medical professional) so
that he, or she, will trust you--and you engage in "intimate touching"
that is really "against the will" of the other--you can be charged
with sexual battery.
The fine and imprisonment penalties increase if the person you've "touched
intimately" and "without consent" and for the goal of "sexual
abuse" and/or your "sexual gratification" is under the
age of 18 (a minor), or is your employee.
California law deems it irrelevant if you've "touched intimately"
only "through the clothing" of another, and that you didn't know
that certain body parts were off-limits. The term "intimate parts"
means "any and all sexual organs."
So, if you believe you've engaged in any of the above-described behaviors
that constitute sexual battery, and if you've been charged with sexual
battery in Temecula, Murrieta, Lake Elsinore, Wildomar, Menifee, Winchester,
Hemet, Perris, Banning, Corona or Riverside, CA, it's important that
you obtain the assistance of an effective and experienced criminal defense
attorney. Call my office immediately to schedule a free consultation directly with me.