Sexual Battery Charges & Penalties by State

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Sexual battery is a severe criminal offense involving unwanted sexual contact. In many jurisdictions, this crime occurs when the perpetrator touches another person in a sexual manner without their consent, often through force or coercion. Sexual battery charges vary widely across states, and penalties can range from misdemeanors to felonies, depending on the severity of the act, the victim’s age, and other factors.

Sexual battery often involves non-consensual sexual contact that does not necessarily include penetration. This charge can also cover cases where the victim is incapacitated, mentally impaired, or otherwise unable to consent to the act. The legal definitions and penalties for sexual battery are different from those for sexual assault or rape, though they may overlap in some cases.

Sexual Battery Laws

Sexual battery laws vary significantly from state to state. These laws dictate the actions considered illegal, the degree of criminal liability, and the punishments imposed for a conviction. Some states treat all forms of non-consensual sexual touching as sexual battery, while others distinguish between levels of sexual offenses based on the victim’s age, relationship to the perpetrator, and whether physical violence or coercion was used.

In many cases, sexual battery is classified as a felony, with penalties that include long prison sentences, hefty fines, and mandatory registration as a sex offender. In cases involving minors or vulnerable individuals, the charges and penalties can be more severe.

The prosecution must prove that the contact was non-consensual, and in some cases, that the victim was unable to provide consent. The law does not require that the victim resist physically, but it often must be shown that the defendant acted with intent.

Sexual Battery Sentencing Guidelines

Sentencing for sexual battery can vary widely depending on the state, the severity of the act, and any aggravating factors involved in the case. Common aggravating factors include:

  • The use of force or threats of violence
  • The age of the victim (with enhanced penalties for minors)
  • The relationship between the defendant and the victim
  • The mental or physical incapacitation of the victim
  • Whether the crime was committed by someone in a position of trust or authority

In most states, sexual battery is treated as a felony offense. Convictions can result in imprisonment ranging from several years to life, depending on the specifics of the case. Additionally, many states have mandatory minimum sentences for sexual battery involving minors, with sentences that can exceed 25 years in some jurisdictions.

Convictions also often include mandatory sex offender registration, which can severely impact a person’s ability to find employment, housing, and maintain social relationships after release from prison.

Sexual Battery Cases

Sexual battery cases often make headlines when they involve prominent individuals or egregious acts of violence. Several high-profile cases over the years have highlighted the seriousness of these charges, often leading to significant public outcry and calls for harsher penalties for offenders. Some examples of sexual battery cases prosecuted include:

  • A high school coach convicted of sexual battery for engaging in inappropriate relationships with students.
  • A nurse in a care facility charged with sexual battery after assaulting an incapacitated patient.
  • An executive found guilty of sexual battery for groping employees during work events.

Sexual battery cases can be complex, often involving detailed investigations, witness testimonies, forensic evidence, and medical records. Prosecutors must prove beyond a reasonable doubt that the defendant committed the act and that it was non-consensual. Many cases are resolved through plea agreements, but some go to trial, where the jury determines guilt or innocence.

Sexual Battery News

Sexual Battery Laws By State

Sexual battery laws are designed to prevent non-consensual sexual contact, but the laws and penalties vary significantly by state:

AlabamaHawaiiMassachusettsNew MexicoSouth Dakota
AlaskaIdahoMichiganNew YorkTennessee
ArizonaIllinoisMinnesotaNorth CarolinaTexas
ArkansasIndianaMississippiNorth DakotaUtah
CaliforniaIowaMissouriOhioVermont
ColoradoKansasMontanaOklahomaVirginia
ConnecticutKentuckyNebraskaOregonWashington
DelawareLouisianaNevadaPennsylvaniaWest Virginia
FloridaMaineNew HampshireRhode IslandWisconsin
GeorgiaMarylandNew JerseySouth CarolinaWyoming

AlabamaUnder Code of Alabama Section 13A-6-60:

  • Sexual battery is classified as a Class C felony, with penalties of up to 10 years in prison and a fine of up to $15,000.

Alaska
Under Alaska Stat. Section 11.41.410:

  • Sexual battery is a Class A felony, punishable by up to 20 years in prison and fines up to $250,000. If the victim is a minor, enhanced penalties apply.

Arizona
Under A.R.S. Section 13-1404:

  • Sexual battery is a felony offense, with penalties ranging from two to five years in prison for a first offense. Repeat offenders or cases involving minors face harsher penalties.

Arkansas
Under Ark. Code Ann. Section 5-14-108:

  • Sexual battery is punishable by up to 10 years in prison, with aggravated cases involving minors resulting in enhanced sentences.

California
Under California Penal Code Section 243.4:

  • Sexual battery is classified as a wobbler offense, which can be charged as either a misdemeanor or felony. Felony convictions result in up to four years in state prison.

Colorado
Under Colo. Rev. Stat. Section 18-3-404:

  • Sexual battery is a Class 4 felony, with penalties ranging from two to eight years in prison. Cases involving the use of a weapon or force lead to enhanced penalties.

Connecticut
Under Connecticut General Statutes Section 53a-73a:

  • Sexual battery is a Class D felony, with penalties including up to five years in prison and fines of up to $5,000. If the victim is under 16, the crime becomes a Class B felony.

Delaware
Under Delaware Code Title 11, Section 763:

  • Sexual battery is punishable by up to 15 years in prison, with mandatory sex offender registration upon conviction.

Florida
Under Florida Statutes Section 794.011:

  • Sexual battery is classified as a first-degree felony when involving force, punishable by up to life imprisonment. Aggravating factors, such as the use of a deadly weapon, result in mandatory minimum sentences.

Georgia
Under Georgia Code Section 16-6-22.1:

  • Sexual battery is a felony offense with penalties that include one to five years in prison. Cases involving minors result in more severe penalties, including mandatory minimum sentences.

Hawaii
Under Hawaii Revised Statutes Section 707-733:

  • Sexual battery, classified as a Class C felony, is punishable by up to five years in prison. Aggravating factors increase the sentence, particularly when the victim is a minor.

Idaho
Under Idaho Code Section 18-6608:

  • Sexual battery is punishable by up to life in prison when the victim is a minor or incapacitated. Lesser penalties apply in other circumstances, but the crime is always a felony.

Illinois
Under Illinois Compiled Statutes 720 ILCS 5/12-3.05:

  • Sexual battery is a Class 3 felony, with potential sentences ranging from two to five years in prison. In cases involving minors or serious physical harm, sentences can be significantly longer.

Indiana
Under Indiana Code Section 35-42-4-8:

  • Sexual battery is a Level 6 felony, punishable by six months to two and a half years in prison. If the crime involves a deadly weapon or results in serious injury, it can be upgraded to a Level 5 felony.

Iowa
Under Iowa Code Section 709.4:

  • Sexual battery is a Class C felony, punishable by up to 10 years in prison and fines up to $10,000. Offenders must also register as sex offenders for life.

Kansas
Under Kansas Statutes Section 21-5505:

  • Sexual battery is a felony, punishable by up to seven years in prison. Convictions involving minors carry a mandatory minimum sentence of 25 years.

Kentucky
Under Kentucky Revised Statutes Section 510.060:

  • Sexual battery is a Class D felony, with penalties including one to five years in prison and mandatory registration as a sex offender.

Louisiana
Under Louisiana Revised Statutes Section 14:43.1:

  • Sexual battery is punishable by up to 10 years in prison, with mandatory registration as a sex offender. Aggravated sexual battery carries a life sentence.

Maine
Under Maine Revised Statutes Title 17-A, Section 253:

  • Sexual battery is a Class C felony, punishable by up to five years in prison. Cases involving minors result in enhanced penalties.

Maryland
Under Maryland Code Section 3-304:

  • Sexual battery is punishable by up to 25 years in prison for aggravated cases. Lesser offenses carry penalties ranging from one to five years in prison.

Massachusetts
Under Massachusetts General Laws Chapter 265, Section 13H:

  • Sexual battery is a felony offense, punishable by up to five years in state prison. Repeat offenders and cases involving minors carry harsher sentences.

Michigan
Under Michigan Compiled Laws Section 750.520b:

  • Sexual battery is a felony, punishable by up to life in prison when aggravating factors are present, such as the involvement of a minor or use of a weapon.

Minnesota
Under Minnesota Statutes Section 609.345:

  • Sexual battery is punishable by up to 15 years in prison. Cases involving vulnerable adults or minors carry enhanced sentences, including mandatory life sentences.

Mississippi
Under Mississippi Code Section 97-3-95:

  • Sexual battery is punishable by up to 30 years in prison, with mandatory minimum sentences for crimes involving minors or incapacitated victims.

Missouri
Under Missouri Revised Statutes Section 566.060:

  • Sexual battery is a Class B felony, with penalties including five to 15 years in prison. Repeat offenses or crimes involving minors carry harsher sentences.

Montana
Under Montana Code Annotated Section 45-5-503:

  • Sexual battery is punishable by up to 20 years in prison. Aggravating factors, such as the use of force or involvement of minors, increase the penalties.

Nebraska
Under Nebraska Revised Statutes Section 28-319:

  • Sexual battery is a Class II felony, with penalties including 10 to 50 years in prison for aggravated cases.

Nevada
Under Nevada Revised Statutes Section 200.366:

  • Sexual battery is a felony offense, punishable by life in prison for cases involving minors. Lesser offenses carry sentences of two to 20 years in prison.

New Hampshire
Under New Hampshire Revised Statutes Section 632-A:3:

  • Sexual battery is a Class B felony, with penalties including up to seven years in prison and fines up to $4,000. Cases involving minors carry enhanced sentences.

New Jersey
Under New Jersey Statutes Section 2C:14-2:

  • Sexual battery is a second-degree felony, punishable by five to 10 years in prison. Crimes involving minors or vulnerable individuals carry mandatory minimum sentences.

New Mexico
Under New Mexico Statutes Section 30-9-11:

  • Sexual battery is a first-degree felony, punishable by up to life in prison for aggravated cases. Lesser offenses carry sentences of 10 to 20 years in prison.

New York
Under New York Penal Law Section 130.65:

  • Sexual battery is a Class D felony, with penalties including up to seven years in prison. Aggravated cases involving minors carry enhanced penalties.

North Carolina
Under North Carolina General Statutes Section 14-27.5A:

  • Sexual battery is a Class A1 misdemeanor, punishable by up to 150 days in jail. However, cases involving minors or repeat offenders can result in felony charges and enhanced sentences.

North Dakota
Under North Dakota Century Code Section 12.1-20-07:

  • Sexual battery is a Class C felony, with penalties including up to five years in prison and fines up to $10,000.

Ohio
Under Ohio Revised Code Section 2907.03:

  • Sexual battery is a third-degree felony, punishable by one to five years in prison. Aggravating factors, such as the involvement of minors, increase the penalties.

Oklahoma
Under Oklahoma Statutes Section 21-1111:

  • Sexual battery is a felony offense, punishable by up to 10 years in prison for first-time offenders. Repeat offenders face harsher penalties, including life imprisonment.

Oregon
Under Oregon Revised Statutes Section 163.305:

  • Sexual battery is punishable by up to 20 years in prison. Cases involving minors or incapacitated victims result in enhanced penalties, including mandatory minimum sentences.

Pennsylvania
Under Pennsylvania Consolidated Statutes Section 3124.1:

  • Sexual battery is a felony offense, with penalties including up to 20 years in prison and mandatory registration as a sex offender.

Rhode Island
Under Rhode Island General Laws Section 11-37-2:

  • Sexual battery is punishable by up to 20 years in prison. Aggravating factors, such as the involvement of minors, result in enhanced sentences and mandatory minimum terms.

South Carolina
Under South Carolina Code Section 16-3-652:

  • Sexual battery is a felony offense, punishable by up to 30 years in prison. Crimes involving minors or vulnerable individuals carry harsher penalties, including life sentences.

South Dakota
Under South Dakota Codified Laws Section 22-22-7:

  • Sexual battery is punishable by up to 25 years in prison. Enhanced penalties apply for cases involving minors or incapacitated individuals.

Tennessee
Under Tennessee Code Annotated Section 39-13-504:

  • Sexual battery is a Class D felony, with penalties including two to 12 years in prison. Cases involving minors or repeat offenders carry harsher penalties.

Texas
Under Texas Penal Code Section 22.011:

  • Sexual battery is a second-degree felony, punishable by up to 20 years in prison. Crimes involving minors carry mandatory minimum sentences of 25 years.

Utah
Under Utah Code Section 76-5-404:

  • Sexual battery is a Class A misdemeanor, punishable by up to one year in jail. However, if the victim is a minor or incapacitated, the crime is elevated to a felony with harsher penalties.

Vermont
Under Vermont Statutes Title 13, Section 3252:

  • Sexual battery is a felony offense, punishable by up to 20 years in prison. Enhanced penalties apply in cases involving minors or the use of force.

Virginia
Under Virginia Code Section 18.2-67.4:

  • Sexual battery is a Class 1 misdemeanor, punishable by up to 12 months in jail. In cases involving minors, the crime is elevated to a felony with penalties including up to 20 years in prison.

Washington
Under Revised Code of Washington Section 9A.44.050:

  • Sexual battery is a felony offense, punishable by up to life imprisonment for cases involving minors or the use of force. Lesser offenses carry sentences of two to five years in prison.

West Virginia
Under West Virginia Code Section 61-8B-4:

  • Sexual battery is a felony, punishable by up to 25 years in prison. Cases involving minors or incapacitated individuals result in enhanced penalties.

Wisconsin
Under Wisconsin Statutes Section 940.225:

  • Sexual battery is a Class D felony, with penalties including up to 25 years in prison. Repeat offenses or crimes involving minors carry mandatory minimum sentences.

Wyoming
Under Wyoming Statutes Section 6-2-302:

  • Sexual battery is a felony offense, punishable by up to 50 years in prison for aggravated cases. Lesser offenses carry penalties of five to 10 years in prison.