Any person who touches an intimate partner against his or her will for sexual gratification, sexual arousal or sexual abuse can be charged with sexual battery. California domestic violence laws define intimate partners as heterosexual or homosexual individuals who are dating, married, divorced, living together, or who have children together.

According to California law, the act of touching includes any physical contact, regardless of how slight, that occurs directly against the intimate partner or through the clothing of the victim or perpetrator. Sexual battery will be charged even if the couple are involved in an ongoing intimate relationship.

If no aggravating circumstances existed and the battery was charged as a misdemeanor, the maximum penalties are a six-month jail sentence and $2,000 in fines. The jail sentence may increase to one year or the charge may rise to a felony if the offense occurred while the alleged victim was unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious. In either case, the convicted defendant must register as a sex offender.

Once a defendant has been convicted and is forced to register as a sex offender, the registration is required as long as the person is living, working or going to school in this state. When registering, the defendant must pay $200 upon a first conviction or $300 upon a second or subsequent conviction, in addition to any fines imposed. This money will be deposited into a general fund disbursed through the Department of Justice.

The offender must personally register all addresses where he or she currently resides with local law enforcement agencies, and/ or the campus police of any college that he or she attends within 5 days of the conviction. The designated registering agency will pass along the information to the Department of Justice Violent Crime Information Network.

If an individual works in California but lives outside the state, that person will be required to register here in this state if he or she was required to register as a sex offender in his or her home state. Any change of address or name change must be reported immediately to the local agency as well. Similarly, if an individual who is required to register as a sex offender in California moves, he or she also may be required to register in any other state where he or she relocates. If the defendant fails to follow any of these requirements within the designated timeframe, he or she will be levied with additional criminal charges of a misdemeanor and/ or a felony, depending on how the original charge was filed. The sentence varies from up to one year in county jail for a misdemeanor, to up to three years in state prison for a felony.

Registering as a sex offender can lead to life-altering consequences. Family, career and reputation may be in danger. It is critical for someone accused of sexual battery to hire an attorney who is experienced in this complex and technical area of the law. The attorneys at The Kavinoky Law Firm are trained in all aspects of California domestic abuse case law, and have successfully defended many clients, treating each with compassion and respect. Contact a Kavinoky attorney today and find out about sex offender registration or any other legal matter.