Existing law prohibits the touching of any intimate part of another person for the purpose of sexual arousal, gratification, or abuse, if the victim is unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose. A violation of this provision is punishable as a misdemeanor or as a felony by imprisonment in the state prison for 2, 3, or 4 years, and by a fine not exceeding $10,000.
This bill would make a violation of this provision a misdemeanor or a felony by imprisonment in the state prison for 4, 6, or 8 years, and by a fine not exceeding $20,000, if the touching occurs in a hospital, as defined.
By creating a new sentencing enhancement, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
AB 848: 243.4 PEN
02/19/25 - Introduced: 243.4 PEN