Sexual Battery/Aggravated Sexual Battery
Simple sexual battery is a Class 1 misdemeanor. That means it is punishable by up to 12 months in jail and a $2,500.00 fine.
To be guilty of sexual battery, someone must touch the private parts of another person with the intent to molest, arouse, or gratify, against the will of the other person. The touching of the other person's private parts does not have to be under their clothing; it can be over the clothing.
Aggravated Sexual Battery
Aggravated sexual battery is different from simple sexual battery because is it a felony punishable by up to 20 years in prison and a $100,000 fine. There are several different kinds of aggravated sexual battery:
- if you commit a simple sexual battery against someone under 13 years old, it is aggravated sexual battery
- if you commit a simple sexual battery against someone using their mental incapacity or helplessness, it is aggravated sexual battery
- if you commit a simple sexual battery against your child, stepchild, grandchild, step grandchild when the child is between 13 and 17 years old, it is aggravated sexual battery
- it can also be aggravated sexual battery is a weapon is involved or the victim suffers serious injury
If you or a friend or family member is charged with sexual battery, please contact me to begin preparing your defense.