Home » Practice Areas » Oral copulation – Penal Code 288a » Oral copulation With Person Under 18 Prosecution – California Penal Code Section 288a(b)(1)

Oral copulation With Person Under 18 – California Penal Code Section 288a(b)(1)

To prove that the defendant is guilty of oral copulation with a person under 18 years of age, the prosecution must prove that:

1.    The defendant participated in an act of oral copulation with another person;
AND
2.    The other person was under the age of 18 when the act was committed.

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 is not required.

Under the law, a person becomes one year older as soon as the first minute of his or her birthday has begun.