Lawndale, CA asked in Sexual Harassment and Criminal Law for California

Q: Is it considered “Sexual Battery (243.4 PC)” for an individual to “Touch a Woman’s Stomach” solely?

If an individual were for any reason including in a fraudulent matter to claim that “Touching the Stomach region” solely was to provide some type of benefit, and acted on that false claim by Touching that other person’s Stomach solely would they be charged with “Sexual Battery (243.4 PC)”?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, sexual battery as defined by Penal Code 243.4 PC involves touching the intimate part of another person without their consent and with the specific intent of sexual arousal, sexual gratification, or sexual abuse. The definition of an "intimate part" includes the sexual organ, anus, groin, or buttocks of anyone, and the breast of a female. Touching someone's stomach does not automatically fall within these specified areas.

However, the context and manner in which the stomach was touched could potentially play a significant role in determining whether the act constitutes sexual battery. If the touching was done in a way that could be considered sexual in nature or with the intent to derive sexual gratification, then it could potentially lead to charges of sexual battery, even if the touch was on the stomach.

It's important to understand that consent and intent are key factors in these cases. Simply touching someone's stomach, without more, is unlikely to meet the legal definition of sexual battery if there is no sexual intent or if the touch was not on an intimate part as defined by law. If there are concerns or disputes about the nature of the contact, it may be wise to seek legal guidance to navigate the complexities of these issues.

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