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Sexual battery is any sexual abuse of a person who is restrained or institutionalized, hospitalized or is seriously disabled or medically incapacitated.

How is sexual battery committed?

Sexual battery under Section 243.4 is committed even by mere touching of an intimate part of a person. The touching is for sexual arousal or sexual gratification and it is committed without the consent of the person who is abused.

It may also be committed when the abuser causes the seriously disabled or institutionalized person to masturbate or touch an intimate part of their body or another person’s body.

What is punished is an unlawful sexual act while the victim cannot give consent and may be unconscious of the nature of the act. There is also an element of fraud because the abuser is representing that the touching is for a professional, medicinal, medical or therapeutic purpose but it is not.

What does ‘touching’ involve?

Touching involves any physical contact (skin-to-skin) or through clothing.

What are the types of penalties that may be imposed on sexual battery?

The penalties may include imprisonment, fine or both imprisonment and fine.