What is sexual battery and what is the definition of the crime?

California, United States of America


The following excerpt is from The People v. Chacon, F058496, No. VCF208709 (Cal. App. 2010):

Sexual battery is a specific intent crime and consists of touching an intimate part of another, against the victim's will, committed for the purposes of sexual arousal, gratification or abuse. (People v. Chavez (2000) 84 Cal.App.4th 25, 29.) As used in section 243.4, subdivision (d), "touches" means "physical contact with the skin of another person whether accomplished directly or through the clothing of the person committing the offense." ( 243.4, subd. (f).) "'Intimate part' means the sexual organs, anus, groin, or buttocks of any person, and the breast of a female." ( 243.4, subd. (g)(1).) "'Sexual battery' does not include the crimes defines in Section 261 [rape] or 289 [forcible acts of sexual penetration]." ( 243.4, subd. (g)(2).)

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