California’s sexual battery statute makes it a crime to touch another person’s intimate part without consent for sexual arousal, gratification, or abuse.
The offense outlined in Penal Code § 243.4 can be filed as a misdemeanor (up to one year in jail) or a felony (two, three, or four years in state prison). Aggravating facts, such as restraining the victim, abusing a patient, or pretending the contact serves a professional purpose, raise the stakes sharply.
Every conviction carries mandatory sex-offender registration, and Los Angeles prosecutors are filing these cases more aggressively, especially when authority figures or vulnerable victims are involved.
Below is a clear walk-through of how the law works, the penalties, recent L.A. trends, and real California examples — followed by a direct line to the Helfend Law Group if you need help fast.
- What counts as sexual battery
- Penalties for sexual battery
- How the sex offender registry works
- Statute of limitations in sexual battery cases
- Collateral consequences of a sexual battery conviction
- Defenses and relief options
- Prosecutorial trends in Los Angeles
- Real California examples
- Contact Helfend Law Group
What counts as sexual battery
Under Penal Code § 243.4, a person commits sexual battery when they intentionally touch an intimate part (sexual organ, anus, groin, buttocks, or female breast) of another, against that person’s will, and for sexual arousal, gratification, or abuse.
Touching can be direct skin-to-skin or through clothing.
Key elements
- Touching – Any physical contact, however slight.
- Intimate part – Statutorily defined body areas.
- Lack of consent – The victim does not agree or is incapable of agreeing.
- Sexual purpose – The contact is for arousal, gratification, or abuse—not an accident.
Penalties for sexual battery
Misdemeanor sexual battery
Simple sexual battery (§ 243.4(e)(1)) is a misdemeanor. Penalties include:
| Penalty | Range | Statute |
|---|---|---|
| County jail | Up to 6 months (some courts sentence up to 1 year) | § 243.4(e)(1) |
| Fine | Up to $2,000 ( $3,000 if the victim is your employee) | § 243.4(e)(1) |
| Sex-offender registration | Tier 1 (10 years) | Pen. Code § 290 |
Felony sexual battery
Certain circumstances elevate the crime to a “wobbler” or straight felony:
| Aggravating fact | Code subsection | Max state-prison term |
|---|---|---|
| Victim unlawfully restrained | § 243.4(a) | 2/3/4 years |
| Victim is institutionalized and disabled | § 243.4(b) | 2/3/4 years |
| Fraudulent professional purpose (e.g., bogus medical exam) | § 243.4(c) | 2/3/4 years |
| Compelling the victim to touch themselves | § 243.4(d) | 2/3/4 years |
A felony conviction also brings up to $10,000 in fines, formal probation in rare cases, and lifetime Tier III registration.
Additional sentencing enhancements
- Great bodily injury: +3–5 years.
- Prior sex or violence strikes: doubles the term under Pen. Code § 667.
- Immigration impact: sexual battery is a deportable “crime involving moral turpitude.”
How the sex offender registry works
California’s sex-offender registry is now a three-tier system created by SB 384.
Tier 1 requires 10 years of registration, Tier 2 requires 20 years, and Tier 3 is lifetime. All registrants must appear in person at their local police or sheriff’s station within five working days of moving, release, or each birthday; transients report every 30 days.
Tier 1 profiles usually stay off the public Megan’s Law site, while Tier 2 and Tier 3 profiles show at least a ZIP-code or a full-address listing. Failure to register is a separate crime that can add up to three years in prison, and registrants who meet their minimum term may petition the court for removal.
Anyone convicted of a “registrable” sex offense, such as sexual battery, must register. The duty starts at sentencing or release and applies statewide, even if the registrant is only visiting or attending school in California.
Tier system and duration
| Tier | Minimum years before petition | Typical offenses | Posted online? |
|---|---|---|---|
| 1 | 10 years (5 for juveniles) | misdemeanor indecent exposure, non-violent sexual battery | Usually not, unless court orders |
| 2 | 20 years (10 for juveniles) | lewd acts with a minor, forcible sexual penetration without great violence | ZIP-code or full address |
| 3 | Lifetime | rape, child sex trafficking, repeat or high-risk crimes | Full address |
Registration steps
- In-person visit – Register at the local law-enforcement agency within five working days of release, birthday, or any move.
- Annual update – Confirm address, employment, vehicles, and photo each year; higher-risk offenders update every 90 days.
- Fingerprints and DNA – Provide fingerprints and often a DNA sample for the DOJ database.
Sex-offender registration in sexual battery cases
- Misdemeanor convictions: Tier I—registration for 10 years.
- Felony or aggravated convictions: Tier III—lifetime registration.
Petitioning for removal
After completing the 10- or 20-year minimum and remaining offense-free, Tier 1 and Tier 2 registrants may file a petition in the superior court of their county. They must serve notice on the DA and prove compliance; the judge may grant removal if there is no current risk to public safety.
Tier 3 offenders generally cannot petition unless their Tier 3 status is based solely on a risk-assessment score.
Ongoing restrictions
Registrants may face residency limits near schools (local ordinances), parole GPS monitoring, and lifetime firearm bans. Those wishing to travel or move out of state must give advance notice per the federal Sex Offender Registration and Notification Act (SORNA).
Statute of limitations in sexual battery cases
Prosecutors generally have 10 years to file sexual battery charges involving adult victims. Longer windows apply if DNA evidence later identifies a suspect.
Collateral consequences of a sexual battery conviction
Beyond custody and fines, a conviction can trigger firearm bans, professional-license discipline, court-ordered counseling, and sex-offender parole conditions — travel limits, GPS monitoring, and residency exclusions.
Defenses and relief options
Common defenses include consent, lack of sexual intent, false accusation, mistake of fact, or insufficient evidence. Judges may grant probation with counseling in misdemeanors, and in limited felony cases a negotiated plea can reduce the charge to misdemeanor battery.
Post-conviction, registered offenders can seek early termination after 10 or 20 years (depending on tier) under SB 384.
Prosecutorial trends in Los Angeles
The L.A. County District Attorney’s Office has expanded a Sex Crimes Division and is filing more felony sexual battery counts, particularly where ride-share drivers, health-care workers, or on-duty officers are accused.
Public releases in 2024-25 show an uptick in charges carrying the lifetime registration enhancement, reflecting a victim-centered policy shift. LAPD data likewise highlight growing complaints inside the department itself, fueling internal hazing-and-harassment lawsuits.
Real California examples
- Gregory Rodriguez (2025) – Ex-correctional officer convicted of 64 counts of sexual battery and related abuse against 13 women inmates; faces decades in prison.
- Bus assault case (2025) – L.A. DA charged Edgar Zepeda with sexual battery and kidnapping after an MTA bus assault near USC, carrying 15-years-to-life exposure.
- Soulja Boy civil verdict (2025) – Santa Monica jury found the rapper liable for sexual battery, awarding $4 million, illustrating the parallel risk of civil damages.
Contact Helfend Law Group
Sexual battery accusations move fast, and so should your defense.
Call Helfend Law Group at 800-834-6434 for a confidential consultation. We will dissect the evidence, challenge the prosecution, and fight to keep you off the registry and out of custody.
Published June 6, 2025.