California Oral Copulation Law & Defense: PC 288a Criminal Defense Attorney

California Oral Copulation Law & Defense: by Southern California Criminal Defense Attorney

PC 288a(b)(1) through PC 288a(k)

The crime of oral copulation in California comes in several varieties depending on the status of the victim. For example, there is a different oral copulation charge where the victim is under a certain age (minor), is disabled, is known to the defendant, is intoxicated, is confined in jail or prison, is seduced by fraud, is acted upon with force or in concert, and so on. See below for a complete list of California oral copulation penal codes and their corresponding penalties.

All oral copulation charges are found starting at California penal code section 288a. A complete list of oral copulation charges under PC 288a, with corresponding penalties, is provided below.

What is oral copulation?

Oral copulation itself is defined as any contact, no matter how slight, between the mouth of one person and sexual organ or anus of another person. Penetration is not required. Oral copulation is legal in California between two consenting adults who are both over the age of 18 and where neither of the parties is in jail or a mental institution or hospital.

Oral copulation is a crime in California only when the defendant commits oral copulation (sometimes simply known as oral sex) with someone else without the other person's permission. In order to prove the crime of oral copulation, the district attorney will usually have to show that the defendant used force, duress, menace, or fear of an immediate bodily injury to the victim (except in cases of inmate and unconscious victims).

California oral copulation charges are classified as either felonies or misdemeanors; almost all California oral copulation charges are classified as felonies and are found at PC 288a et seq. (See below for complete list of oral copulation charges and penalties).

All California oral copulation convictions require the defendant to register as a sex offender pursuant to PC 290 (California Sex Offender Registration Requirement Law). Of course, this is in addition to other possible penalties such as fines, stay away restraining orders, criminal protective orders, probation or parole, possible immigration consequences (for non-U.S. citizens), loss of professional or occupation license, and more.

Common defense to California oral copulation charges

Defenses to California oral copulation charges are as varied as the number of charges themselves and mostly depend on the circumstances of each individual case. Common defenses include: unreliable testimony of the alleged victim, no physical evidence, alibi defense, illegal or improper conduct of the police during the defendant's interrogation, and reasonable belief by the defendant that the alleged victim consented to the oral copulation (not available for oral copulation cases where the alleged victim is under age (18)). 

Note: It is not a defense to argue that the defendant and the victim were married at the time of the oral copulation.

If you have been charged with oral copulation in California, under PC 288a, or any of the oral copulation charges listed below, contact sex crimes criminal defense attorney Christopher Dorado today. Attorney Dorado is experienced in these types of cases, including successful defenses presented at trial on PC 288a charges. Attorney Dorado will competently explain your rights, defenses, and options. There is no time to waste and typically time is against the defendant in PC 288a oral copulation cases. There is no charge for consultation with the defendant or the defendant's family. Call today. 909.913.3138

Complete list of California PC 288a oral copulation charges and corresponding penalties

PC 288a(b)(1) Oral Copulation With Person Under 18 [Felony up to three years in prison or Misdemeanor where no force was used up to one year in jail and California Sex Offender Registration Required].

PC 288a(b)(2) Oral Copulation with Person Under 16 [Felony up to three years in prison and California  sex offender registration required]

PC 288a(c)(1) Oral Copulation with Person Under 14 [Felony up to eight years in prison and California sex offender registration required]

PC 288a(c)(2)(A) Oral Copulation by force [Felony up to eight years in prison and California sex offender registration required]

PC 288a(c)(2)(B) Oral Copulation w/child under 14 by force [Felony up to twelve years in prison and California sex offender registration required]

PC 288a(c)(2)(C) Oral Copulation by force 14-17 [Felony up to ten years in prison and California sex offender registration]

PC 288a(c)(3) Oral Copulation with threat of retaliation [Felony up to eight years in prison and California sex offender registration]

PC 288a(d)(1) Oral Copulation in concert [Felony up to nine years in prison and California sex offender registration]

PC 288a(d)(2) Oral Copulation w/child in concert [Felony up to fourteen years in prison and California sex offender registration]

PC 288)a(d)(3) Oral Copulation w/person w/child 14-17 in concert [Felony up to twelve years in prison and California sex offender registration]

PC 288a(e) Oral Copulation while in jail or prison [Felony up to three years in prison or misdemeanor up to one year in jail and California sex offender registration]

PC 288a(f) Oral Copulation of unconscious victim [Felony up to eight years in prison and California sex offender registration]

PC 288a(h) Oral Copulation while confined in state hospital [Felony up to three years in prison or misdemeanor up to one year in jail and California sex offender registration]

PC 288a(i) Oral Copulation of intoxicated victim [Felony up to eight years in prison and California sex offender registration]

PC 288a(j) Oral Copulation [Felony up to eight years in prison and California sex offender registration]

PC 288a(k) Oral Copulation by threat of arrest or deportation [Felony up to eight years in prison and California sex offender registration]

For more information on California PC 288a charges, oral copulation, DUI Attorney, or criminal defense attorney in general, please contact our criminal defense attorneys at 909.913.3138 today.