X-Ray Technician Sentenced to 120 Days in Jail and Sex Offender Registration for Sexual Battery of Patient

Author: District Attorney
Date: 10/19/2026 6:21 PM

District Attorney Dan Dow announced today that John Stephen O’Brien, a local X-ray technician convicted by a jury of misdemeanor sexual battery against a patient, has been sentenced to 120 days in county jail, one year of formal probation, and a minimum of 10 years of sex offender registration.

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District Attorney Dan Dow announced today that John Stephen O’Brien (03/23/1979) was placed on one year of formal probation, the maximum allowed by law, and ordered to serve 120 days in county jail as a condition of probation for his misdemeanor conviction for sexual battery against a patient. He is also required to register as a sex offender for a minimum of 10 years and was ordered to have no contact with the victim.

Sentencing was originally set for September 30, 2026. At that hearing, the matter was continued to today at the request of the prosecution.

At today’s hearing, the court heard a written statement from the prior victim who testified at trial about the 2016 incident, which was read aloud by Victim Advocate Tristan Milledge. In that statement, she wrote in part, “What happened to me has affected my life in ways that are difficult to put into words. The sexual assault was not just one terrible experience that I could leave behind[;] it has had an impact on my emotional well-being, my sense of safety, dignity and the way I move through life.” She added, “I did not deserve what happened to me and I am not responsible for Mr. O’Brien’s decision to violate my boundaries and trust.”

Misdemeanor sexual battery carries a maximum sentence of six months in county jail (Penal Code section 243.4(e)(1)), even when the offender abuses the trust placed in a medical provider. After considering the Probation Department’s presentence report, the prior victim’s statement, and the arguments of the prosecution and defense, Superior Court Judge Michael S. Frye ordered O’Brien to serve 120 days in jail. In imposing the sentence, Judge Frye noted that the jury did not believe O’Brien’s trial testimony and that O’Brien took advantage of a position of trust when he committed the crime.

The court also ordered the Probation Department to prepare a restitution report and set a restitution hearing for November 18, 2026, so that the victim can be repaid for financial losses caused by the crime.

“Patients place extraordinary trust in medical professionals, and that trust matters most when a patient is in a vulnerable position during treatment,” District Attorney Dan Dow said. “Both of these women showed real courage: the victim by reporting what happened the very same day, and the prior victim by coming forward to testify about what happened to her years earlier. Our criminal and victim justice system works best when victims are believed, supported, and heard from the first report through sentencing. Although the law limits this crime to a misdemeanor, today’s jail sentence, probation, and sex offender registration hold the defendant accountable and help protect future patients.”

In July 2026, after a seven-day trial, a San Luis Obispo County jury unanimously found O’Brien guilty of misdemeanor sexual battery for willfully and unlawfully touching an intimate part of a patient against her will for the purpose of sexual arousal, sexual gratification, and sexual abuse while he was working as an X-ray technician at a local medical office.

At trial, jurors heard evidence that the victim went in for an X-ray of her back and needed assistance tying her gown. After the X-rays were completed, O’Brien offered to untie the gown. When the victim agreed, O’Brien untied the gown, touched and rubbed her back, kissed her back, pressed his erection against her back, and reached around the front of her body in an embrace, grabbing and squeezing her breasts twice.

The victim immediately reported the incident to the medical office and law enforcement that same day. When interviewed by police the following day, O’Brien admitted that he grabbed the victim’s breasts but claimed she had come on to him. At trial, he testified and claimed that the victim’s movements and body position were an invitation for the sexual touching. The jury rejected that claim and found him guilty.

At trial, the jury also heard from a prior victim who had been a patient obtaining an X-ray from O’Brien in 2016 in San Luis Obispo County. She testified to similar conduct by the defendant that included unwanted touching of her inner thigh during a procedure. The jury was allowed to hear her testimony under Evidence Code section 1101(b), which allows for the admission of uncharged prior conduct as evidence of a defendant’s intent or absence of mistake.

Help for Victims
Anyone who has experienced unwanted sexual touching by a medical provider is encouraged to report it to local law enforcement. Anyone with information about additional conduct by O’Brien is asked to contact the San Luis Obispo Police Department. Victims of crime in San Luis Obispo County can receive free support, court accompaniment, and referrals from the Christopher G. Money Victim Witness Assistance Center at (805) 781-5821. Survivors of sexual assault can also call Lumina Alliance’s free, confidential 24-hour crisis line at (805) 545-8888. In an emergency, call 911.

The case was investigated by San Luis Obispo Police Department and prosecuted by Deputy District Attorney Amy Fitzpatrick. Victim support services were provided by Victim Advocate Tristan Milledge of the Christopher G. Money Victim Witness Assistance Center, and witness coordination was provided by Iris Martin.

Here is a copy of the charging document.

Members of the media may contact Assistant District Attorney Eric J. Dobroth at 805.781.5819 for additional information.

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