California Penal Code 243.4

Are you facing charges for Sexual Battery? Violation of California Penal Code Section 243.4 is known as a “wobbler”. This means that you could be charged with a misdemeanor or felony offense for your alleged violation. California prosecutors treat all battery offenses very seriously, and you can expect them to pursue maximum penalties against you.


At MacGregor & Collins, LLP, we know that there are two sides to every story. Even if you are not guilty, there are several steps that we advise taking to help avoid negative repercussions. Call us today to speak with a skilled batter defense attorney for free and find out what your options are.


PC 243.4 Defined


According to California Penal Code 243.4, anyone who willfully touches someone else’s intimates without their consent and for sexual fulfillment or pleasure is in violation of CPC 243.4 Sexual Battery.


In order for prosecutors to secure a conviction for CPC 243.4 Sexual Battery, they must be prepared to provide evidence that proves you are guilty of:


  • intentionally touching someone’s intimate parts
  • attempting physical content with a person’s private parts without their consent
  • doing so for sexual fulfillment and/or pleasure


The following could be  considered an example of misdemeanor sexual battery in violation of pc 243.4:


Fred, a 22-year-old male is at a party with his friends. He begins a conversation with a woman his age. After a while, one thing leads to another and Fred is kissing the woman he had been talking to. Fred begins to fondle the woman’s breast. The woman gets very upset with Fred, leaves the party, and a week later Fred is contacted by the police for his potential involvement pertaining to an act of sexual battery.


CPC 243.4 Penalties


The penalties or punishment for Sexual Battery depend on a number of factors including criminal history and the severity of the offense.


Sexual Battery can be filed as a misdemeanor or a felony and those found guilty can face:



  • 6 months in County Jail
  • $2,000 fine
  • Registration as a lifetime sex offender
  • Informal probation for up to five years



  • 4 years in California Prison
  • $10,000 fine
  • Registration as a lifetime sex offender
  • Formal probation


For sexual battery to be filed as a felony, the prosecutor will need to be prepared to prove that the violation was carried out on someone who was unconscious, restrained or mentally disabled.


Other Potential Penalties and Fines:


In some instances the court will order guilty parties to pay a $3000 fine for a misdemeanor sexual battery offense in cases where the victim was an employee.


The law surrounding battery charges is a very complex. Other penal codes offenses that stem from battery include aggravated battery and assault with a deadly weapon.


If you are facing Sexual Battery charges for Penal Code 243.4, speaking with a criminal defense attorney in your area may be in your best interest. By taking advantage of a confidential case evaluation, you may receive information that will help you avoid a conviction. Call us today at (888) 250-2865 for top notch legal services that could help keep you out of jail.


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