Existing law prohibits the touching of any intimate part of another person for the purpose of sexual arousal, gratification, or abuse, under specified circumstances, including 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 these provisions 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. Existing law requires, in the case of a felony conviction for a violation of these provisions, the fact that the defendant was an employer and the victim was an employee of the defendant to be a factor in aggravation in sentencing.