Alcohol, Drug, Sexual Assault, & Hazing Laws

Sexual Battery

“Touching the intimate parts of another person, if the touching is against the will of the person touched, and is for the purpose of sexual arousal, sexual abuse or sexual gratification.”

Misdemeanor – six months in jail, or $2000 fine

“Touching the intimate parts of another while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual abuse or sexual gratification.”

Felony – Up to one year in jail and a $2000 fine or imprisonment in state prison up to four years and a $10,000 fine.

California Code 243.4(a) PC

Rape

“An act of sexual intercourse accomplished with a person…where consent is not given or cannot be given or where it is accomplished by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the person or another.”

An unconscious or highly intoxicated person
cannot give consent!

Felony – Imprisonment in state prison up to 8 years (California Code (261 PC))

Assault with intent to commit rape, sodomy, oral copulation, mayhem, etc.

“Any person who assaults another with the intent to commit mayhem, rape, sodomy, oral copulation.”

Felony – Imprisonment in state prison for up to 6 years California Code 220(a) PC

QUIZ 15

Question: In order for a person to be charged with sexual assault, the victim must have in some way communicated an objection to the sexual activity.



(answer)