When an individual touches his or her intimate partner for his or her own sexual pleasure against the will of that partner, he or she may be charged with sexual battery as a California crime of intimate partner abuse. One’s same sex partner may be his or her partner or former partner in a civil union, the person with whom he or she has children, the person with whom he or she lives or lived or the person whom he or she is or was dating. This charge is considered a “wobbler,” which means that it can be filed as either a misdemeanor or as a felony, depending on the severity of the individual case. If filed as a misdemeanor, the charge carries a maximum one-year jail sentence and a possible $2,000 fine. If charged as a felony, the charge carries a prison sentence of between two to four years and a maximum $10,000 fine.

Although that is the maximum jail/prison sentence and fine that can be imposed in a sexual battery case where there were no prior convictions or aggravating factors - those situations may lead to an increased sentence – they are not the only penalties that face the accused. Perhaps the most severe, because of its social stigma, is that an individual convicted of sexual battery must register as a sex offender, pursuant to the California Penal Code Section 290.

Penal Code Section 290 states that, in California, when a convicted defendant is required to register as a sex offender, it is for the rest of his or her life while living, working or going to school this state. Upon registration, he or she must pay $200 upon a first conviction or $300 upon a second or subsequent conviction in addition to any fines imposed on the current case that will be paid to a general fund disbursed through the Department of Justice.

The offender must personally register his or her address (or addresses if the defendant has more than one address where he or she regularly lives) with his or her local law enforcement agency and with the campus police of any college that he or she attends within 5 days of the requirement. The registering agency then passes the information along to the Department of Justice Violent Crime Information Network. A person who lives out-of-state but who works in California must register in the same manner if they are registered sex offenders in the state in which they live. Changes of address or name changes must be immediately reported to one’s local agency as well. In addition, if an individual who has registered as a sex offender in California moves, he or she may further be required to register in any other state where he or she relocates. Failure to follow any of these requirements within the specified timeframe will be penalized with an additional criminal charge of either a misdemeanor or felony, depending on how the original charge was filed, punishable by up to one-year in the county jail for a misdemeanor or by either 16 months or two or three years in the state prison for a felony.

The consequences of registering as sex offender are life altering. If facing a DV sexual battery charge, it is critical to hire a California domestic violence lawyer who is experienced in this complex and technical area of the law to help avoid this severe consequence. With law offices in Los Angeles and throughout California, the GLBT supportive attorneys at the Kavinoky Law Firm specialize in California crimes of domestic abuse and have successfully defended countless individuals, treating each with compassion and respect. They keep current on the latest trial strategies and rulings that apply to these unique cases and are equipped to effectively handle any and every issue thrown their way. For exceptional representation, contact them today for a free consultation.