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Also, notice that no one ever has to be naked — the touching can occur through the clothing. This requirement is more interesting. The range of punishment for a Class B felony is not less than eight 8 years nor more than thirty 30 years based on the classification of the defendant. I have already defined the standard offense of Sexual Battery above, but a good working definition is an unlawful sexual contact accomplished by force, coercion, or fraud and without consent. If the alleged victim consented to you touching him or her at the time based on the fraud that you perpetrated , and that person would never have consented to the sexual contact if he or she knew the truth about what you lied about, then that person did not really have a knowing consent , because you misled them in order to get their consent under false pretenses. This all assumes that the victim is an adult who has the capacity to consent, and is in no way mentally defective, mentally incapacitated, or physically helpless. Or has reason to know. The most obvious defense is that the alleged offense never happened. Sexual Battery will place a criminal defendant onto the Sex Offender Registry as a Sexual Offender, which means that a convicted defendant can petition for removal after ten years of compliance. We all know what force is, but coercion is more complicated and varied — in a case for rape and sexual battery, a defendant threatened to publicly expose the victim as a homosexual unless he cooperated, and the jury found that this sexual offense was accomplished through the use of coercion. Sexual Battery is a Class E felony. I have written an entire consumer guide for individuals charged with this offense, which can be downloaded for free here. Could law enforcement seize my house or car over this. Excerpt from my Sexual Battery consumer guide. The range of punishment for a Class C felony is not less than three 3 years nor more than fifteen 15 years based on the classification of the defendant.

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Sexual Battery is unlawful sexual contact accomplished by force, coercion, or fraud and without consent, and it can make you a felon & violent sex offender!.

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Description: You can also read my original blog entry discussing the consumer guide and its contents here. And this should be obvious, but dressing provocatively, flirting, etc. If a criminal defendant was found to have committed a sexual battery against a minor, the real or personal property is subject to judicial forfeiture. We all know what force is, but coercion is more complicated and varied — in a case for rape and sexual battery, a defendant threatened to publicly expose the victim as a homosexual unless he cooperated, and the jury found that this sexual offense was accomplished through the use of coercion. The third and most interesting thing you need about sexual battery is that it can also be accomplished by fraud. Sexual Battery is a Class E felony. Keep in mind that each sexual act can count as a separate incident and support multiple convictions. Excerpt from my Sexual Battery consumer guide. However, if you and the alleged adult victim are in a heated make-out session and it seems like both individuals are ready to take the action further, and then the alleged victim shrieks when you touch the alleged victim sexually, then perhaps the touching was reasonable based on the circumstances. If the above elements of Sexual Battery are met, but any of these additional factors are present, then the charge will be an Aggravated Sexual Battery. The offense can be heightened to Aggravated Sexual Battery if the victim is less than thirteen years old. There are two heightened versions of Sexual Battery with additional elements and greater punishments, which include. This all assumes that the victim is an adult who has the capacity to consent, and is in no way mentally defective, mentally incapacitated, or physically helpless.
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