Sexual assault laws in California continue to evolve to offer stronger protections to survivors and ensure accountability for offenders. This guide answers the 16 most commonly searched questions related to sexual assault, harassment, battery, and legal consequences in California, based on current laws as of 2025.
Let’s break it down question-by-question:
1. What is the new law for sexual assault in California? As of 2025, California introduced legislative reforms that:
• Extended the statute of limitations for felony sexual assault (now up to 10 years or more in some
cases)
• Strengthened protections for contract and freelance workers
• Enacted the “Cover-Up Accountability Act”, which prohibits companies from hiding sexual
misconduct through nondisclosure agreements (NDAs)
• Expanded civil rights under the FEHA to include emotional harm and reputational damage more
explicitly
2. How many texts is considered harassment in California?
There is no specific number of texts that automatically qualifies as harassment. What matters is the content, frequency, and intent. Even a single sexual, threatening, or unwelcome message could qualify if it creates a hostile environment or fear.
3. What qualifies as sexual assault in California?
Sexual assault in California includes:
• Non-consensual sexual contact
• Coerced or forced sexual activity
• Any sexual act performed without explicit and informed consent
It is prosecuted under laws such as:
• Penal Code 243.4 (Sexual Battery)
• Penal Code 261 (Rape)
4. What is 4th degree sexual assault in California?
California does not classify sexual assault by degrees. However, other states (like New York) use this terminology. In California, the equivalent of 4th-degree sexual assault would likely fall under misdemeanor sexual battery involving non-violent or indirect contact.
5. What is the difference between sexual assault and sexual battery in California?
• Sexual Battery (PC 243.4): Unwanted touching of intimate body parts (clothes may or may not be on)
• Sexual Assault: Broader term, often includes rape, oral copulation, and more invasive non-
consensual acts
6. How long do you have to press charges for sexual assault in California?
• Felony sexual assault: Up to 10 years
• If DNA evidence is present: There may be no time limit
• Misdemeanor sexual battery: Must be reported within 1 year Always consult a legal professional,
as statutes of limitation can vary by context.
7. What is 3rd degree sexual abuse?
This term isn’t used in California, but is common in states like Minnesota. It often refers to sexual penetration without consent but without the use of force. In California, such behavior would likely be prosecuted under PC 261 (rape) or PC 289 (forcible acts).
8. What is PC for unwanted touching?
PC 243.4 (Sexual Battery) is the primary Penal Code section for unwanted sexual contact. It criminalizes any touching of an intimate part without consent, for sexual arousal, abuse, or gratification.
9. What is the sentence for sexual assault in California?
Offense Potential Sentence
Misdemeanor Sexual Battery Up to 6 months in jail
Felony Sexual Battery 2 to 4 years in state prison
Rape (PC 261) 3 to 8 years (or more)
Aggravated Sexual Assault 15 years to life
10. What is the main difference between sexual assault and aggravated sexual assault?
Aggravated sexual assault includes:
• A victim under 14 years old
• Use of weapons, threats, or bodily harm
• Multiple assailants
The penalties are much harsher, often leading to life sentences or decades in prison.
11. Is an unwanted kiss battery?
Yes. If an unwanted kiss involves sexual intent or is perceived as violating personal boundaries, it can be
considered sexual battery under PC 243.4. Consent is key — if it’s not given, it’s unlawful.
12. What is PC stalking?
PC 646.9 is California’s anti-stalking statute. It makes it illegal to:
• Repeatedly follow, harass, or threaten someone
• Cause the victim to feel fear for their safety
Stalking can be charged as a misdemeanor or felony, depending on severity and prior convictions.
13. Is sexual coercion a crime in California?
Yes. Sexual coercion involves using manipulation, threats, or authority to pressure someone into sexual
activity. It can lead to charges under:
• PC 261 (rape via coercion or intimidation)
• PC 236 (false imprisonment)
• PC 518 (extortion), if threats or leverage are used
14. What is the Cover-Up Accountability Act?
The Cover-Up Accountability Act is proposed legislation that:
• Bans the use of NDAs in settlements involving sexual assault or harassment
• Requires employers to disclose past misconduct
• Encourages transparency and accountability in large organizations
This law was designed in response to high-profile scandals where companies silenced victims.
15. What is considered sexual assault legally?
Legally, sexual assault includes:
• Any non-consensual sexual contact or act
• Involving force, coercion, threats, or manipulation
• Even if no physical injury occurs
Covered acts include rape, sexual battery, groping, forced oral sex, and more — all requiring the lack of
affirmative consent to qualify.
✅ Conclusion
Understanding California’s sexual assault and harassment laws is key to protecting your rights or
defending your legal interests. Whether you’re a survivor seeking justice or an employer ensuring
compliance, these 16 FAQs provide a critical foundation rooted in 2025 legal standards.
