California Penal Code §243.4 — Sexual Battery
PC §243.4 makes it a wobbler to touch an intimate part of another person for the purpose of sexual arousal, gratification, or abuse where the touching is against the victim's will. Aggravated felony subdivisions carry 2, 3, or 4 years in state prison. Even the misdemeanor tier triggers PC §290 sex-offender registration.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Sexual Battery Cases in All LA County Courts
01 — Quick Facts
PC §243.4 — Sexual Battery at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §243.4 — Sexual Battery |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (multiple subdivisions) |
| §243.4(a) — Restrained Victim (Felony) | 2, 3, or 4 years state prison |
| §243.4(b) — Institutionalized Victim (Felony) | 2, 3, or 4 years state prison |
| §243.4(c) — Fraudulent Representation (Felony) | 2, 3, or 4 years state prison |
| §243.4(d) — Restrained + Genital Force (Wobbler) | 2/3/4 yrs prison OR up to 1 yr jail |
| §243.4(e)(1) — Basic Sexual Battery (Misdo) | Up to 6 months jail; up to $2,000 fine |
| PC §290 | Tier 1 (misdo) or Tier 3 (felony) registration |
| Strike | Felony subdivisions are strikes (§1192.7(c)(19)) |
| Immigration | CIMT — deportable/inadmissible |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §243.4?
What Is California Penal Code §243.4?
PC §243.4 Reads:
"Any 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, sexual gratification, or sexual abuse, is guilty of sexual battery."
— California Penal Code §243.4(a)
§243.4 is the touching-only sex offense — no penetration is required. It ranges from a misdemeanor (§243.4(e)) charged for unwanted grabbing, groping, or kissing, to felony subdivisions covering restrained, institutionalized, or fraudulently-represented victims. Aggravated §243.4(a)–(d) filings are strikes.
§243.4 vs §289 / §261
§243.4 punishes non-penetrative touching. §289 punishes penetration by foreign object. §261 punishes penis-to-vagina rape. Where the touching escalates to penetration — even slight — the DA will refile as §289 or §261.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §243.4
Under CALCRIM 935–938, the prosecution must prove each element beyond a reasonable doubt.
Touching Intimate Part
Defendant touched an intimate part (genitals, anus, groin, buttocks, or female breast) of the victim.
Against Victim's Will
The touching was against the victim's will.
Sexual Purpose
The touching was for the purpose of sexual arousal, gratification, or abuse.
Aggravating Subdivision Element
For §243.4(a)–(d), an aggravator (restraint, institution, fraud, force) must be proven.
04 — Penalties
Penalties for PC §243.4 Sexual Battery in California
§243.4 exposure scales through six subdivisions.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Sexual Battery — Restrained Victim | PC §243.4(a) | 2, 3, or 4 years state prison | Available (limited) | Yes |
| Sexual Battery — Institutionalized | PC §243.4(b) | 2, 3, or 4 years state prison | Available (limited) | Yes |
| Sexual Battery — Fraud Rep | PC §243.4(c) | 2, 3, or 4 years state prison | Available (limited) | Yes |
| Sexual Battery — Restrained + Genital Force | PC §243.4(d) | 2/3/4 yrs prison OR up to 1 yr jail (wobbler) | Available | Yes (felony) |
| Sexual Battery — Basic (Misdo) | PC §243.4(e)(1) | Up to 6 months county jail; up to $2,000 fine | Available | No |
Sentencing Enhancements
Great Bodily Injury
PC §12022.7
+3 to +6 years for GBI during commission.
Multiple Victims / One Strike
PC §667.61
§243.4(a)/(b)/(c) with multiple victims may trigger One-Strike sentencing.
Elderly / Dependent Victim
PC §368
Parallel §368 elder-abuse count adds 2, 3, or 4 years.
Additional Consequences Beyond Prison
- PC §290 sex-offender registration — Tier 1 (misdo) or Tier 3 (felony)
- Automatic strike on §243.4(a)–(d) felony convictions
- Immigration: CIMT — deportable/inadmissible
- Firearm bar — 10-year (misdo) or lifetime (felony)
- Professional-license impact — Bar, DRE, nursing, teaching
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §243.4 Sexual Battery Charges
§243.4 defenses attack sexual purpose, consent, and aggravating elements.
Consent / Implied Consent
Prior digital communications, mutual conduct, and shared context defeat 'against the will.'
Consent
No Sexual Purpose
Medical, sports, caregiver, or joking contact negates the required sexual intent.
Intent
Mistaken Identification
Crowd, workplace, or nightclub encounters generate mis-ID cases — surveillance and phone records defeat false ID.
ID
Reduce to §243.4(e) Misdemeanor
Where aggravating subdivision elements are contestable, reduction to §243.4(e) avoids strike and Tier 3 registration.
Plea
§1203.4 / §290.5 Post-Conviction Relief
Post-conviction: expungement (§1203.4) and, where eligible, tiered relief from §290 registration.
Post
Constitutional Sources
07 — Court Process
How PC §243.4 Sexual Battery Cases Move Through Los Angeles Courts
§243.4 cases follow the sex-crimes vertical track.
- 1
Step 1 — Report / Detective Interview
Do not speak to police without counsel — invoke Miranda.
- 2
Step 2 — Pre-Filing Intervention
Attorney contact with DA sex-crimes vertical unit before filing.
- 3
Step 3 — Filing / Arraignment
DA decides felony vs misdemeanor filing.
- 4
Step 4 — Preliminary Hearing
Must show touching, sexual purpose, and (if charged as felony) an aggravating subdivision element.
- 5
Step 5 — Motion Practice
§1103/§782 prior-sexual-conduct motions, credibility motions, and Miranda suppression.
- 6
Step 6 — Plea / Trial
Common resolutions: §243.4(e) misdo with limited registration, or §242 battery with no registration.
Los Angeles Courts That Handle PC §243.4 Sexual Battery Cases
§243.4 cases are handled at both misdemeanor and felony vertical calendars.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Sexual Battery Defense Attorney
Daniel S. Rubin has defended clients charged with sexual battery and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §243.4 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Sexual Battery Cases Throughout LA County
09 — FAQs
PC §243.4 Sexual Battery Questions — Los Angeles
Does misdemeanor §243.4(e) require registration?
Yes. Even the misdemeanor tier triggers PC §290 registration — historically lifetime; post-2021 it is Tier 1 (10-year minimum).
Is §243.4 a strike?
The felony subdivisions §243.4(a)–(d) are strikes under §1192.7(c)(19). §243.4(e) misdemeanor is not.
Can §243.4 be reduced to simple battery?
Yes, in cases with contested sexual purpose. Reduction to §242 removes both the strike and PC §290 registration — the primary defense objective.
Does §243.4 affect immigration?
Yes. Every §243.4 subdivision is a CIMT and creates deportability/inadmissibility exposure.
Available 24/7 — Free Consultation
Charged With PC §243.4 in Los Angeles?
Sexual battery defense with §290-registration-focused negotiation. Rubin Law, P.C. — (213) 723-2337.