Cal Pen Code § 243.4 (2004)
§ 243.4. Sexual battery; Seriously disabled or medically incapacitated
victims
(a) Any person who touches an intimate part of another person 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 gratification, or sexual abuse, is guilty of sexual
battery. A violation of this subdivision is punishable by imprisonment in a
county jail for not more than one year, and by a fine not exceeding two
thousand dollars ($ 2,000); or by imprisonment in the state prison for two,
three, or four years, and by a fine not exceeding ten thousand dollars ($
10,000).
(b) Any person who touches an intimate part of another person
who is institutionalized for medical treatment and who is seriously disabled or
medically incapacitated, if the touching is against the will of the person touched,
and if the touching is for the purpose of sexual arousal, sexual gratification,
or sexual abuse, is guilty of sexual battery. A violation of this subdivision
is punishable by imprisonment in a county jail for not more than one year, and
by a fine not exceeding two thousand dollars ($ 2,000); or by imprisonment in
the state prison for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($ 10,000).
(c) Any person who touches an intimate part of another person
for the purpose of sexual arousal, sexual gratification, or sexual abuse, and
the victim is at the time unconscious of the nature of the act because the
perpetrator fraudulently represented that the touching served a professional
purpose, is guilty of sexual battery. A violation of this subdivision is
punishable by imprisonment in a county jail for not more than one year, and by
a fine not exceeding two thousand dollars ($ 2,000); or by imprisonment in the
state prison for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($ 10,000).
(d) Any person who, for the purpose of sexual arousal, sexual
gratification, or sexual abuse, causes another, against that person's will
while that person is unlawfully restrained either by the accused or an accomplice,
or is institutionalized for medical treatment and is seriously disabled or
medically incapacitated, to masturbate or touch an intimate part of either of
those persons or a third person, is guilty of sexual battery. A violation of
this subdivision is punishable by imprisonment in a county jail for not more
than one year, and by a fine not exceeding two thousand dollars ($ 2,000); or
by imprisonment in the state prison for two, three, or four years, and by a
fine not exceeding ten thousand dollars ($ 10,000).
(e)(1) Any person who touches an intimate part of another
person, if the touching is against the will of the person touched, and is for
the specific purpose of sexual arousal, sexual gratification, or sexual abuse,
is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two
thousand dollars ($ 2,000), or by imprisonment in a county jail not exceeding
six months, or by both that fine and imprisonment. However, if the defendant
was an employer and the victim was an employee of the defendant, the
misdemeanor sexual battery shall be punishable by a fine not exceeding three
thousand dollars ($ 3,000), by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment. Notwithstanding any other provision
of law, any amount of a fine above two thousand dollars ($ 2,000) which is
collected from a defendant for a violation of this subdivision shall be
transmitted to the State Treasury and, upon appropriation by the Legislature,
distributed to the Department of Fair Employment and Housing for the purpose of
enforcement of the California Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3 of
Title 2 of the Government Code), including, but not limited to, laws
that proscribe sexual harassment in places of employment. However, in no event
shall an amount over two thousand dollars ($ 2,000) be transmitted to the State
Treasury until all fines, including any restitution fines that may have been
imposed upon the defendant, have been paid in full.
(2) As used in this subdivision, "touches" means
physical contact with another person, whether accomplished directly, through
the clothing of the person committing the offense, or through the clothing of
the victim.
(f) As used in subdivisions (a), (b), (c), and (d),
"touches" means physical contact with the skin of another person
whether accomplished directly or through the clothing of the person committing
the offense.
(g) As used in this section, the following terms have the
following meanings:
(1) "Intimate part" means the sexual organ, anus,
groin, or buttocks of any person, and the breast of a female.
(2) "Sexual battery" does not include the crimes
defined in Section 261 or 289.
(3) "Seriously disabled" means a person with severe
physical or sensory disabilities.
(4) "Medically incapacitated" means a person who is
incapacitated as a result of prescribed sedatives, anesthesia, or other
medication.
(5) "Institutionalized" means a person who is
located voluntarily or involuntarily in a hospital, medical treatment facility,
nursing home, acute care facility, or mental hospital.
(6) "Minor" means a person under 18 years of age.
(h) This section shall not be construed to limit or prevent prosecution
under any other law which also proscribes a course of conduct that also is
proscribed by this section.
(i) In the case of a felony conviction for a violation of
this section, the fact that the defendant was an employer and the victim was an
employee of the defendant shall be a factor in aggravation in sentencing.
(j) A person who commits a violation of subdivision (a), (b),
(c), or (d) against a minor when the person has a prior felony conviction for a
violation of this section shall be guilty of a felony, punishable by
imprisonment in the state prison for two, three, or four years and a fine not
exceeding ten thousand dollars ($10,000).