Oral Copulation by Force or Fear – California Penal Code 288 PC

Oral Copulation by Force or Fear - California Penal Code 288 PC

In California, oral copulation between consenting adults is considered to be legal. Nonetheless, if a person is forced to do it or the partner is a minor, it becomes a serious California crime which is punished under California Penal Code Section 288 as oral copulation by force or fear.
It should be noted that the crime of oral copulation as well as sodomy and penetration by a foreign object, become punishable if there is age difference between partners or there is a lack of consent. That is why it is essential to have an experienced and aggressive lawyer who can help you against charges and get the best possible result for you.
Below, The Margarian Law Firm will introduce you the main elements of the California Oral Copulation by Force or Fear Laws. Moreover, in the resources of our site you can find detailed information about different kind of Sex Crimes in California.
1. Definition of Oral Copulation by Force or Fear under California Law
a) Oral Copulation with a Minor
2. Criminal Elements of the Crime of Oral Copulation by Force or Fear in California
3. Punishment for Committing Oral Copulation by Force or Fear in California
4. Defenses to the Accusations of Having Committed Oral Copulation by Force or Fear in California
5. Related Articles

Additionally, we are ready to provide answers to your initial questions concerning sex crime charges in California for free.
1. What is Oral Copulation by Force or Fear under California Law?

The California Penal Code Section 288 defines oral copulation as the act of copulating the mouth of one person with the sexual organ or anus of another person.
Any such contact, however slight, is supposed to be oral copulation. Another saying, the oral copulation refers to the well-known acts of “blow-job” and “cunnilingus” which are considered to be illegal if there were whether the age discrepancy between partners of one of them was forced or feared to enter into such contact.
a) Oral Copulation with a Minor
In California, it is illegal for anyone to engage in oral copulation with any minor (a person under 18 years of age). Pursuant to California Penal Code 288a (b)(1), this crime a “wobbler”, that is to say the prosecutor can charge the offense as either a misdemeanor or a felony.

2. What Must the Prosecutor Prove in Order to Find the Defendant Guilty of Unlawful Oral Copulation by Force or Fear in California?

According criminal jury instructions, the prosecution has to prove the following criminal elements in order to require to find the defendant guilty of the offense of Oral Copulation in California:

1. The defendant committed an act of oral copulation with someone else;

2. The other person did not consent to the act;

3. The defendant accomplished the act by
– force, violence, duress, menace, or fear of immediate and unlawful bodily injury to anyone;
– threatening to retaliate against someone when there was a reasonable possibility that the threat would be carried out;
– threatening to use the authority of a public office to incarcerate, arrest, or deport someone.
OR
2b. There was age difference laid out by California Penal Code Section 288 ( the victim was a minor).
The term of committing oral copulation “against a person’s will” means that the sexual act resulted from the use of force or fear of immediate and unlawful bodily injury on the victim. Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration or ejaculation is not required.
3. Penalties under California Penal Code Section 288
Pursuant to California Penal Code Section 288, the defendant can face the following penalties for committing California oral copulation by force or fear or with a minor:
– any person who participates in an act of oral copulation with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year;
– any person over 21 years of age who participates in an act of oral copulation with another person who is under 16 years of age is guilty of a felony.
– any person who participates in an act of oral copulation with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years;
– any person who commits an act of oral copulation when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years;
– any person who commits an act of oral copulation upon a person who is under 14 years of age, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years;
– any person who commits an act of oral copulation upon a minor who is 14 years of age or older, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 6, 8, or 10 years.

Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of oral copulation is punished similarly to the principal of the crime.
Additionally, the court may impose a fine up to $10,000. The financial penalty is decided upon the seriousness and gravity of the offense. Oral copulation conviction result in the registration in Megan’s list for lifetime. If person fails to register in the list of California sex offenders, it is stated separated crime which can result in three (3) years in the state prison.

4. How Can I Fight California Rape Accusations?
It can happen that innocent people are accused of rape. Your defense attorney can use various legal defenses in order to get the best possible outcome for you. Below, you can find some of them:
False accusations
Plea bargain and dismissals
State of insanity
False confessions
– Mistaken Identity
– Consent of the partner.

Note: According to California jury instructions, the defendant is not guilty of forcible oral copulation if he or she actually and reasonably believed that the other person consented to the act. The People have the burden of proving beyond a reasonable doubt that the defendant did not actually and reasonably believe that the person consented. If the People have not met this burden, you must find the defendant not guilty.

5. What Are Sex Crimes in California?
There are a variety of sex crimes that fall under the umbrella of California law, including:

California Sex Crimes

Rape

Statutory Rape

Sodomy

Engaging in or Soliciting Lewd Conduct in Public – California Penal Code 647(a)
Incest

Sexual Assault Laws

Pimping and Pandering Laws

Prostitution & Solicitation Laws

Internet Pornography

Sex Offender Registration

The Margarian Law Firm aggressively protects the rights of criminal defendants in California. Each defense will be developed upon the facts of your individual case. Do not hesitate to contact us. You will get your legal assistance as soon as you contact us. We handle every aspect of your case, from the first step to the very last court hearing.
You may file your request online, by telephone or by mail. 818-553-1000

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