Sexual battery is a form of sexual assault and refers to when someone touches another person for their sexual gratification without that person’s consent. It is a widely criminalized crime and can include many different types of unwanted bodily contact. Quoting from the Rape, Abuse and Incest National Network (RAINN), “[Sexual battery] covers a broad range of unwanted sexual contact, from touching over clothing to penetration.” To better understand the meaning and prevalence of sexual battery, we will look at the most common form, what it means in three major US cities and California, as a whole.

What Is the Most Common Form of Sexual Battery?

The RAINN website defines the most common form of sexual battery as “any type of touching of someone’s private parts (genitals, buttocks, and/or breasts), even through clothing.” This type of contact is known as unwanted fondling, and, according to the Department of Justice, is the most common type of sexual assault within the United States.

The website further explains how many states have enacted laws to criminalize nonconsensual touching. Colorado’s criminal code, for example, states that “a person commits sexual contact if the person knowingly…caresses or touches the victim’s intimate parts.” Furthermore, it is illegal in all 50 states for an adult to touch a child for something considered sexual gratification.

What Is Sexual Battery in LA?

Los Angeles defines sexual battery in its criminal code by discussing the state’s definition of sexual penetration or “acts”, which includes “contact, however slight, between the penis and vagina.” It also includes a broader definition of intercourse as “any penetration, however slight, of the genital or anal opening of another person’s body.” This definition by the state of California applies to the city of Los Angeles.

Furthermore, California law states “The sexual penetration must be accomplished against the victim’s will, by means of force, duress, or fear of immediate and unlawful bodily injury to the victim or another person” — indicating that it pertains to any instances of forced or nonconsensual touching.

What Does Sexual Battery Mean in California?

California criminalizes all nonconsensual touching, as defined in the state’s definition of sexual assault under penal code 243.4. In California, sexual battery means any form of unwanted sexual touching, whether it is of the intimate parts or not. This includes any illegal touching of someone’s mouth, inner thigh, buttocks or breast.

Furthermore, California Penal Code 243.4 (b) states:

“A battery is any willful and unlawful use of force or violence upon the person of another.”

This means that any unwanted act of sexual contact without the consent of the other person is considered a violation of the state’s code and is criminalized.

What Is Sexual Battery in NYC?

New York City shares the same definition of sexual assault as the state of California, which reads: “Any person who intentionally applies force, however slight, to the sexual or other intimate parts of another person for the purpose of gratifying his or her own sexual desire or any other person’s sexual desires.”

In addition, New York Penal Law defines sexual contact as “any touching of the sexual or other intimate parts of a person for the purpose of sexual gratification.” This means that any form of unwanted fondling, touching, or caressing is considered sexual battery in New York City.

In New York, sexual battery is a Class A misdemeanor if force is not used. However, if force is used, it is a class D felony. If the victim is a minor, then the crime is a class E felony.

Conclusion: Understanding the Prevalence and Meaning of Sexual Battery

Sexual battery is a form of sexual assault and refers to when someone touches another person for their sexual gratification without that person’s consent. It is a widely criminalized crime, with each state and city in the US having its own definition of it. Generally, the most common form of sexual battery involves unwanted fondling and is illegal in all 50 states. States like California and New York criminalize any form of unwanted sexual contact, with any force used in the act increasing the potential severity of the crime.

It’s important to know the law and understand the prevalence of this crime, as sexual battery can have deeply traumatic effects on its victims. A better understanding of it can help people protect themselves, recognize signs of it, and take necessary action if they are ever a victim.

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