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Oral copulation With Minor: Defendant 21 or Older – California Penal Code Section 288a(b)(2)

To prove that the defendant, while 21 years of age or older, is guilty of oral copulation with a minor, the prosecution must prove that:
1.    The defendant participated in an act of oral copulation with another person;
2.    The defendant was at least 21 years old at the time of the act;
AND
3.    The other person was under the age of 16 years at the time of the act.

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.