Sexual Assault Laws in California

Trigger warning: sexual assault, sexual abuse

Many individuals may have a general understanding of what actions may constitute sexual assault. With this, it is also important to understand the various factors required to prosecute the different degrees of sexual assault in California. Here’s what you need to know about sexual assault laws in California.

The different degrees of sexual assault include: first degree, second degree, third degree, and fourth degree. Each degree has varying requirements for conviction and possible incarceration sentences.

Misdemeanor vs. Felony Sexual Assault

In California, sexual assault can be charged as either a misdemeanor or a felony. California Penal Code Section 243.4 outlines the possible penalties for both charges. A misdemeanor does not involve unlawful restraint and may be punishable by up to 6 months in jail, in addition to a fine of up to $2,000. This fine may increase if the perpetrator was the victim’s employer. On the other hand, being charged with a felony includes a range of possible punishments. With a felony conviction, the defendant could face years of imprisonment in addition to a fine of up to $10,000.

First Degree Sexual Assault

Often referred to as aggravated sexual assault, first degree sexual assault is the most punishable form of the varying degrees. It is possible that the perpetrator spends the rest of his or her life incarcerated.

Requirements needed for a first-degree sexual assault conviction include:

Sexual penetration: the intrusion of any body part or any foreign object into the vaginal, anal, or oral cavities
The perpetrator was armed with a weapon
The victim was injured as a result of the sexual assault: psychological trauma, physical injury, pregnancy, etc.
The sexual assault occurs simultaneously with another crime committed by the perpetrator
One of the following situations:
- The victim was a minor under the age of 13
- If the victim was within the age range of 13-18:
  - The perpetrator was a member of the same household as the victim
- The perpetrator is related to the victim
- The perpetrator was in a position of power over the victim
The perpetrator had the assistance of an assailant, and one of the following circumstances:
- The victim was unable to understand or express consent due to illness, injury, intoxication, unconsciousness, etc.
- The perpetrator exerted force or coercion in assaulting the victim

Second Degree Sexual Assault

Charges of second-degree sexual assault often do not result in lifetime imprisonment. However, the perpetrator may face up to 15 years in prison. Unlike first-degree sexual assault, second-degree sexual assault does not involve sexual penetration. Yet, it is still considered to be as damaging as first degree sexual assault in terms of the shared violent nature and lack of consent.

Requirements needed for a second-degree sexual assault conviction include:

Sexual contact: intentional touching of another person’s intimate parts or clothing covering another person’s intimate parts with the intent of sexual gratification or arousal
Any of the situations listed for first-degree sexual assault

Third Degree Sexual Assault

Cases of third-degree sexual assault are often treated in a similar manner to second-degree sexual assault. Following charges, perpetrators may face up to 15 years in prison in both cases.

Requirements needed for a third-degree sexual assault conviction include:

Sexual penetration (as defined above)
One of the following situations:
- The victim was/is a minor
- The victim was incapacitated to some degree
- The use of force and/or coercion

Fourth Degree Sexual Assault

Fourth-degree sexual assault is often considered to be sexual battery.

Requirements needed for a fourth-degree sexual assault conviction include:

Sexual contact (as defined above)
One of the following situations:
- The use of force and/or coercion
- The victim was incapacitated to some degree
- The perpetrator was in a position of power over the victim

FAQs About Sexual Assault Laws in California

What are examples of sexual assault charged as a felony in California?

An example of a felony can include holding someone down against their expressed will and kissing them. Another example is a male doctor falsely claiming he must feel a female’s patient breasts for sexual gratification under the guise of an examination.

What are examples of sexual assault charges as a misdemeanor in California?

An example of a misdemeanor sexual assault charge is intentionally fondling a stranger’s buttocks or breasts without obtaining consent.

Contact Her Lawyer

If you or a loved one would like to know more about sexual assault laws in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our experienced sexual assault attorneys in California today!