Oral Copulation Sentencing & Punishment – California Penal Code Section 288a PC
Except as provided in Section 288, a conviction for oral copulation with another person who is under 18 years of age is a “wobbler.” This means that the prosecution has the discretion to charge the crime as a felony or a misdemeanor. A felony conviction is punishable by imprisonment in state prison for up to three (3) years. A misdemeanor conviction is punishable by imprisonment in county jail for up to one (1) year.
Oral copulation with a minor under 16 years of age and the defendant is 21 years of age or older – California Penal Code Section 288a(b)(2)
Except as provided in Section 288, if you are over 21 years of age and are convicted of participating in an act of oral copulation with another person who is under 16 years of age is guilty of a felony. A conviction is punishable by imprisonment in state prison for up to three (3) years.
Oral copulation with a minor under 14 years of age and the defendant is 10 years older – California Penal Code Section 288a(c)(1)
A conviction for oral copulation with a minor who is under 14 years of age, and the defendant is at least 10 years older, is a felony and punishable by imprisonment in state prison for a period of three (3), six (6), or eight (8) years.
Oral copulation by force – California Penal Code Section 288a(c)(2)
A conviction for oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person is a felony and punishable by imprisonment in state prison for three (3), six (6), or eight (8) years.
Oral copulation by threat of retaliation – California Penal Code Section 288a(c)(3)
A conviction for oral copulation where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person is a felony and punishable by imprisonment in state prison for a period of three (3), six (6), or eight (8) years.
Oral copulation while acting in concert with another person – California Penal Code Section 288a(d)
A conviction for oral copulation, while acting in concert with another person, either personally or by aiding and abetting that other person, when (1) the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, or (2) where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, or (3) where the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, is a felony and punishable by imprisonment in state prison for five (5), seven (7), or nine (9) years.
Oral copulation committed while victim is intoxicated – California Penal Code Section 288a(i)
A conviction for oral copulation committed while the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, is a felony and is punishable by imprisonment in state prison for a period of three (3), six (6), or eight (8) years.
Oral copulation accomplished against victim’s will by threatening to use authority of public office – California Penal Code Section 288a(k)
A conviction for oral copulation committed against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, is a felony and punishable by imprisonment in state prison for a period of three (3), six (6), or eight (8) years.
Sex Offender Registration Act – California Penal Code Section 290
A conviction for oral copulation is considered a sex crime. Under California Penal Code Section 290, you will be required to register as a sex offender. You will be required to register every year for the rest of your life. Failing to register is a crime.
The court has held that a conviction of Section 288a(b)(1) does not require mandatory registration as a sex offender. Instead, it is up to the court’s discretion to have you register as a sex offender. See People v. Hofsheier, (2006) 37 Cal.4th 1185.
Along with registering as a sex offender, Megan’s Law allows the Department of Justice to publish your information on the sex offender website. This website can be viewed by anyone. The website publishes your name, photograph, home address, and other identify information about you.
The requirement to register may be the most severe punishment resulting from a conviction of oral copulation. For more information, read our Sex Offender Registration Act section. You will find invaluable information on what crimes require registration, Megan’s Law information, and how to end the lifetime requirement of registering.
Habitual Sexual Offender – California Penal Code Section 667.71
Under California Penal Code Section 667.71(c), a “habitual sexual offender” shall be punished by imprisonment in the state prison for 25 years to life.
A habitual sexual offender is a person who has been previously convicted of one or more of the offenses specified in Section 667.71(c) and who is convicted in the present proceeding of one of those offenses.
Oral copulation under Section 288a(c)-(d) is an offense listed under Section 667.71(c). This means a conviction for oral copulation may possibly result in imprisonment in state prison for 25 years to life. Section 288a(c)-(d) includes:
• Oral copulation with a person under 14 years of age and 10 years younger than the defendant – PC 288a(c)(1)
• Oral copulation committed by force or fear – PC 288a(c)(2)
• Oral copulation accomplished by threat of retaliation – PC 288a(c)(3)
• Oral copulation accomplished in concert with another person – PC 288a(d)
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