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.
What does the prosecutor have to prove?
1. Defendant touched an intimate part of the alleged Victim.
2. The defendant’s act of offense was against the victim’s will.
3. The touching was done with the specific intent to cause sexual arousal or abuse. [PC 243.4(a)]
With probation 0-364 days
Misdemeanor: 0-364 days”