Sexual Battery By Restraint | Penal Code § 243.4(a)

Description

A person who touches an intimate part of another person while that person is unlawfully restrained , and if the touching is against the will of the person touched and is for the purpose of sexual arousal, gratification or abuse, may be charged with Sexual Battery by Restraint.

What does the prosecutor have to prove?

1. Defendant touched an intimate part of the alleged Victim.
2. Victim was restrained at the time the offense was committed.
3. The defendant’s act of offense was against the victim’s will.
4. The touching was done with the specific intent to cause sexual arousal, or abuse. [PC 243.4(a)]

Punishment

Felony: 2years/3years/4years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	Yes
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No