Oral copulation – Penal Code 288a


Under California Penal Code Section 288a, it is a crime to commit the act of oral copulation.  Specifically under California law, it is a crime to commit the act of oral copulation with a minor or by force or fear.  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.

There are many different circumstances in which the crime of oral copulation can be committed.  A number of the situations depend on the age of the victim.  If the victim is under 18 years of age, then the victim is not legally able to give you consent.

There are a number of defenses available to the charge of oral copulation.  In certain circumstances, having a good faith belief that the other person was at least 18 years of age can be used as a defense.  It is important that you speak with an experienced attorney so you can go over the facts of your case and see what possible defenses are available.

Oral copulation is a serious crime because of the punishment that you face if convicted.  In few situations, oral copulation is a misdemeanor and a conviction is punishable by up to one (1) year in county jail.  In most situations, a conviction for committing the act of oral copulation is a felony and punishable by imprisonment in state prison for a period of sixteen (16) months to eight (8) years depending on the age of the victim and other factors.

Under Penal Code 667.71(c), being convicted of oral copulation can result in you being regarded as a “habitual sex offender.”  A habitual sex offender will be sentenced to state prison for 25 years to life.

A conviction can also require you to register as a sex offender under California Penal Code Section 290.  Having to register as a sex offender is a severe penalty because you will have a duty to register for a lifetime.  The Sex Offender Registration Act requires you to register on an annual basis.  You also may be subjected to Megan’s Law.  This law publishes information about you on a sex offender website that is available for anyone to see.  The website will list your name, photograph, home address, and physical identifying features about you.  For more information, visit www.wklaw.com and read our Sex Offender Registration Act section.  You will find invaluable information on what sex crimes requires registration and how to clean your record by eliminating this lifetime requirement.

If you or a loved one if facing a charge for oral copulation, it is critical that you speak with an experienced sex crimes attorney.  At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes.  Our attorneys are highly knowledgeable in sex crimes law.  We will aggressively fight to defend your rights and get you the best possible result in your case.  Call us today at 877-4-NO-JAIL or contact us on our website at www.wklaw.com.  We will be there when you call.

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