SERIES 900 ASSAULTIVE AND BATTERY CRIMES
F 935 NOTES
TABLE OF CONTENTS
F 935 Note 1 Sexual Battery: CALCRIM Cross-References And Research Notes
F 935 Note 2 Sexual Battery: Misdemeanor Battery As Lesser Included (PC 243.4)
F 935 Note 3 Sexual Battery: Unlawful Restraint Requires Evidence That Touching Was Against Victim’s Will (PC 243.4)
F 935 Note 4 Sexual Battery: “Unlawful Restraint” Need Not Be Physical Restraint (PC 243.4)
Return to Series 900 Table of Contents.
F 935 Note 1 Sexual Battery: CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 925 [Battery Causing Serious Bodily Injury (PC 242, PC 243(d))]
CALCRIM 936 [Sexual Battery On Institutionalized Victim (PC 242, PC 243.4(b) & (d))]
CALCRIM 937 [Sexual Battery: By Fraudulent Representation (PC 242, PC 243.4(c))]
CALCRIM 938 [Sexual Battery: Misdemeanor (PC 243.4(e)(1))]
Research Notes:
Annotation, What constitutes offense of “sexual battery,” 87 ALR3d 1250 and Later Case Service.
See CLARAWEB Forum, Assaultive And Battery Crimes—Series 800-900.
CALJIC NOTE: See FORECITE F 10.37 n1.
F 935 Note 2 Sexual Battery: Misdemeanor Battery As Lesser Included (PC 243.4)
In September 1989, the legislature added subdivision (d) to PC 243.4, creating a lesser included offense of misdemeanor battery, an offense lacking the element of “unlawful restraint.”
CALJIC NOTE: See FORECITE F 10.37 n2.
F 935 Note 3 Sexual Battery: Unlawful Restraint Requires Evidence That Touching Was Against Victim’s Will (PC 243.4)
People v. Arnold (1992) 6 CA4th 18, 27-28.
CALJIC NOTE: See FORECITE F 10.37 n3.
F 935 Note 4 Sexual Battery: “Unlawful Restraint” Need Not Be Physical Restraint (PC 243.4)
See People v. Grant (1992) 8 CA4th 1105, 1112-13; People v. Arnold (1992) 6 CA4th 18, 23-31.
CALJIC NOTE: See FORECITE F 10.37 n4.
F 935 Note 5 Sexual Battery: Cannot Be Committed With A Foreign Object (PC 243.4)
The “touching” element of sexual battery requires the “placement of any part of the body of the perpetrator upon the skin of the victim.” [Emphasis added.] (People v. Young DEPUBLISHED (1992) 9 CA4th 1791.) Hence, sexual battery cannot be committed with a foreign object.
CALJIC NOTE: See FORECITE F 10.37 n5.