He won't get six months for this. I got fined for getting in a fight before. This was the first time I was ever in trouble. I got a misdemeanor charge, 2 years probate and a $130 fine. I also take classes now. However, I would get six months if I got in trouble doing something other than traffic related.
I'm not saying he would. He COULD get up to that, based on his record and the judge.
Just in case anyone is interested here is the jury instruction for Sexual Battery in California for a felony:
The defendant is charged [in Count _____] with sexual battery [in violation of Penal Code section 243.4].
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant [or an accomplice] unlawfully restrained ___________________ <insert name of complaining witness> ;
<Alternative 2A--defendant touched>
[2. While ___________________ <insert name of complaining witness> was restrained, the defendant touched an intimate part of ___________________ <insert name of complaining witness> ;]
<Alternative 2B--caused complaining witness to touch>
[2. While ___________________ <insert name of complaining witness> was restrained, the defendant (caused ___________________ <insert name of complaining witness> to touch (his/her) own intimate part/ [or] caused ___________________ <insert name of complaining witness> to touch the intimate part of defendant [or someone else]);]
3. The touching was done against ___________________'s <insert name of complaining witness> will;
AND
4. The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.
An intimate part is a female's breast or the anus, groin, sexual organ or buttocks of anyone.
Contact must have been made with ___________________'s <insert name of complaining witness> bare skin. This means that:
1. The defendant must have touched the bare skin of ___________________'s <insert name of complaining witness> intimate part;
OR
2. ___________________'s <insert name of complaining witness> bare skin must have touched the defendant's [or ___________________'s <insert name or description of third person> ] intimate part either directly or through (his/her) clothing.
Someone is unlawfully restrained when his or her liberty is controlled by words, acts, or authority of another and the restraint is against his or her will. Unlawful restraint requires more than just the physical force necessary to accomplish the sexual touching. [A person does not unlawfully restrain someone if he or she only uses lawful authority for a lawful purpose.]
[A touching is done against a person's will if that person does not consent to it. To consent, a person must act freely and voluntarily and know the nature of the touching.]
[A person is an accomplice if he or she is subject to prosecution for the identical crime charged against the defendant. Someone is subject to prosecution if he or she personally committed the crime or if:
1. He or she knew of the criminal purpose of the person who committed the crime;
AND
2. He or she intended to, and did in fact, (aid, facilitate, promote, encourage, or instigate the commission of the crime/ [or] participate in a criminal conspiracy to commit the crime).]
Here is the jury instruction for Sexual Battery (misdemeanor):
The defendant is charged [in Count _____] with sexual battery [in violation of Penal Code section 243.4(e)(1)].
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant touched an intimate part of ___________________ <insert name of complaining witness> ;
2. The touching was done against ___________________'s <insert name of complaining witness> will;
AND
3. The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.
An intimate part is a female's breast or the anus, groin, sexual organ, or buttocks of anyone.
Touching, as used here, means making physical contact with another person. Touching includes contact made through the clothing.
[An act is done against a person's will if that person does not consent to the act. In order to consent, a person must act freely and voluntarily and know the nature of the act.]
So, in California, it wouldn't be aggravated or even felonious conduct. However, in reviewing the California law, I have to revise by opinion. He COULD be convicted of misd sexual battery because the "squirting" would constitute a "touching". That carries up to 1 year in County jail.
Just FYI....don't know the laws of the state where this happened though......