Registration as a Sex Offender upon a Sexual Battery Conviction

An individual who touches an intimate partner for sexual gratification against that person's will can be charged with sexual battery. Under California domestic violence law, intimate partners can be couples who are heterosexual or homosexual, married, divorced, cohabitating, have children together, or who are dating or formerly dating.

"Touching" in a California sexual battery case can be defined as any physical contact - however slight - whether it occurs directly or through the clothing of one of the partners. Even an individual involved in an ongoing intimate relationship can be charged with sexual battery.

When charged as a misdemeanor with no aggravating circumstances, sexual battery carries a maximum of a six-month jail sentence and a $2,000 fine. If the offense occurs while the accuser is unlawfully restrained, institutionalized, seriously disabled, medically incapacitated or unconscious, the jail sentence can increase to a maximum of one year or the crime may rise to a felony, punishable by a maximum of four years in the state prison and a $10,000 fine. The offender also will be required to register as a sex offender.

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 open case that will go 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.

An individual who works in California but lives out of state must register here if required to register as a sex offender in his or her home state. 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 sexual battery charge, it is critical to hire an attorney who is experienced in this complex and technical area of the law to help avoid this severe consequence. The attorneys at the Kavinoky Law Firm are familiar with every aspect of a California domestic abuse case and have successfully defended countless individuals, treating each with compassion and respect. An experienced defense lawyer can answer any questions about a sexual battery charge or any California domestic violence offense during a free consultation.