Sexual battery is defined in California Penal Code Section 243.4(a), which reads in part:
“Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery."
Sexual battery is a wobbler, meaning it may be charged either by imprisonment in the county jail up to one year and/or a fine of $2,000 or by imprisonment in the state prison for 2, 3, or 4 years and/or a fine up to $10,000.
In addition, a conviction will mandate lifetime registration as a sex offender, pursuant to Penal Code Section 290. Pursuant to California Penal Code Section 290, persons convicted of specified sex crimes are required to register as sex offenders with a local law enforcement agency. Prior to their release from prison, jail, mental hospital, or on probation, sex offenders are notified in writing of their duty to register, and a copy of the notification form is forwarded to the DOJ. When a sex offender is released into the community, the agency forwards the registration information to the DOJ. During annual registration, the registered sex offender is required to verify his or her name and address or temporary location. Failure to properly register may be a felony and may count as a "Third Strike."
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