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Being charged with a crime never has a positive impact on your life, but some criminal charges have more of a negative effect than others.

Hiltzheimer North Carolina Sexual Battery Lawyer

Sexual battery may be a misdemeanor charge, but like most sexual assault crimes, it carries a stigma that may follow you for the rest of your life. Because sexual battery is considered a sexually violent offense, sex offender registration is mandatory if you are convicted, with the extremely rare exception that a PJC (“Prayer For Judgment Continued”) is granted. If you’ve been charged, don’t wait — get in touch with Hiltzheimer Law Office to talk to a North Carolina lawyer on sexual battery today. Our team has built a reputation for supporting our clients, even when they feel as though their loved ones have abandoned them. Contact us to book your free consultation today!

What Is Sexual Battery NCGS § 14‑27.33?

Sexual battery laws in North Carolina are outlined in the general statutes. This crime occurs when a defendant deliberately engages in sexual contact with another by force and against the victim’s will. These are the basic elements of the crime as outlined in the statute:

The defendant engaged in sexual contact with another person
That contact involved force and happened against the will of the victim
The defendant engaged in the contact for the purposes of sexual arousal, sexual abuse, or sexual gratification

“Sexual contact” in the context of misdemeanor sexual battery often involves contact through clothing.

The crime of sexual battery can also involve non-consensual sexual contact with a victim who is mentally disabled, mentally incapacitated, or physically helpless. However, in order to be charged, you must have known (or you reasonably should have known) about the person’s disability or incapacity.

Sexual battery is a less severe offense than a first- or second-degree sex sex offense. Usually, these charges are filed in certain circumstances where the contact was sexual in nature but did not involve a sexual act. These are some examples of circumstances that may result in sexual battery charges:

Using your own sexual organ to touch the victim against their will
Non-consensual touching of another person’s genitals, anus, breast, groin, or buttocks, including through clothing
Placing semen, urine, or feces on a victim

In North Carolina, sexual battery is a Class A1 misdemeanor. This is the most severe misdemeanor charge, and this particular Class A1 misdemeanor carries more serious consequences than other A1 misdemeanors because of the prospect of sex offender registration if convicted.

Understanding Sexual Contact and Arousal

This is a very important component of North Carolina law surrounding sexual battery. In order to qualify as a sexual battery offense, sexual contact must be intentional and for the purpose of sexual gratification, abuse, or arousal. If these factors aren’t present, sexual battery has not occurred (but another crime may have).

For example, imagine you have too much to drink and start a bar fight. You take a swing at the victim’s face, but you miss and hit her breast instead. This action was intentional, but it was not for the purpose of sexual abuse, arousal, or gratification. It isn’t sexual battery, but you likely could be arrested for (non-sexual) battery.

Now imagine you’re on a crowded train car. As you’re trying to get to the doors, you accidentally brush against another person’s buttocks. This contact was unintentional, and it wasn’t for sexual purposes. In this case, you would not be guilty of sexual battery or any other crime. You may, however, be charged with a crime if the alleged victim believes that your conduct was intentional.

Defenses to Sexual Battery Charges

If you’ve been arrested and accused, you need a sexual battery lawyer. North Carolina is harsh on people charged with crimes of sexual violence. An experienced criminal defense lawyer can put together a customized defense based on your individual circumstances. These are some common defenses to charges of misdemeanor sexual battery:

You thought you had the person’s consent when touching them
You accidentally touched the victim and the touching was not sexual in nature
The alleged victim fabricated the allegations
You were somewhere else when the crime is alleged to have been committed (alibi)

A sexual battery attorney can’t guarantee that you will be acquitted, but choosing strong legal representation early on in your case is going to be one of the most important decisions you make. Even if you are convicted, your criminal defense attorney will advocate on your behalf at sentencing to argue for leniency with the court and do everything possible to avoid a jail sentence.

Penalties for Sexual Battery in North Carolina

If you’re convicted or you think you may be, you might be concerned about the length of a sexual battery sentence. North Carolina gives judges a considerable amount of latitude when it comes to sentencing for a sexual battery charge. There are three elements to a sentence:

Jail Time: You can spend up to 150 days in jail
Fines: You may be fined at the court’s discretion
Sex Offender Registration: You will likely have to be on the state’s sex offender registry for 10 to 30 years

In some cases, a sexual battery sentence involves alternatives to jail time. The sentence of up to 150 days can be active punishment, intermediate punishment, or community punishment.

Active Punishment

“Active punishment” refers to time spent in jail or prison. If you have a prior criminal record (and especially if you have been convicted of sexual battery before), a judge may be more likely to sentence you to a longer active punishment term.

Intermediate Punishment

Intermediate punishment is more lenient than active punishment but stricter than community punishment. As a rule, it involves supervised probation. Some common examples are house arrest, special probation (part of the sentence is served in jail and the other is served on probation), community service, and residential treatment programs.

Community Punishment

Community punishment is more relaxed than intermediate punishment. While it may include community service and other consequences, it does not include jail time, community punishment is typically less rigorous than intermediate punishment.

The Sex Offender Registry and Its Consequences

In North Carolina, a sexual battery conviction requires you to become a registered sex offender unless the judge grants a PJC, which is extremely rare. The standard length of time to remain on the registry in this case is 30 years. However, after 10 years, you can file a petition with the court to ask that your name be removed from the list.

This is arguably one of the most serious long-term consequences of a sexual battery conviction. If you are a registered sex offender, there are restrictions on where you can live and work. And if friends or family members find out you’re on the list, your reputation could be damaged.

What to Expect in a Sexual Battery Case

If you’re facing a sexual battery charge in North Carolina, you might be worried about what to expect. Our attorneys have represented countless people like you, and we can assess your case and recommend how to proceed.

In some cases, if a conviction is extremely likely, pleading guilty might make more sense. We may be able to negotiate a plea agreement where you receive a reduced sentence in exchange for pleading guilty. In some cases, we have successfully negotiated deferred prosecution options that result in complete dismissals.

However, if you’re innocent of the crime and the district attorney refuses to agree to a resolution that results in a dismissal, taking your case to trial may be the answer. Keep in mind that while we’re here to guide you, the decision to take a negotiated plea or go forward with the trial is ultimately up to you.

Gavel with handcuffs on opened book. Close up. Justice concept.

The Importance of Consent in Sexual Battery Cases

Sexual battery laws in North Carolina make it clear that lack of consent is a critical element of the crime. For example, if a person drinks too much and passes out at a party and another person touches them inappropriately, the person doing the touching could reasonably be charged with sexual battery. The unconscious person had no way of giving consent, and they were clearly incapacitated.

Now imagine two people are both somewhat intoxicated, and they enthusiastically engage in sexual touching. One later decides the other must have been guilty of a sexual crime and calls the police. In this instance, the police will often proceed with a charge based solely on the allegation of the reporting party. In that scenario, one the most important decisions you can make is to recruit a skilled sexual battery lawyer before answering any questions or agreeing to an interview with investigators.

Frequently Asked Questions

No. Sexual battery and other offenses that require registration as a sex offender cannot be expunged if the charge results in a conviction. If the matter is resolved through a deferred prosecution or is otherwise dismissed, it is eligible for expungement.

No. Sexual battery is a type of sexual assault. However, because it generally involves sexual touching but not sexual acts, it is considered to be less severe than many other sexual assault offenses.

That depends on the complexity of the crime. Some investigations may be over in a few weeks or less, but when circumstances are less straightforward, it might take a year or more to complete the investigation.