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Sodomy – Sex Assault Lawyers Discuss California Penal Code 286 PC

Sodomy Overview – Penal Code 286 PC

An illegal act of sodomy in California pursuant to Penal Code 286 PC is a serious offense and calls for an expert legal defense team in your corner. Wallin and Klarich’s team of sex assault lawyers has been successfully representing clients facing sodomy charges in Orange, San Diego, Riverside, San Bernardino,  Los Angeles and Ventura counties for over 30 years. We have the knowledge and experience to win your case.

What is Illegal Sodomy?

An unlawful act of sodomy is governed by California Penal Code 286 PC. Sodomy consists of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the act of sodomy.

How Can I be Found Guilty of Sodomy?

The crime of sodomy is divided by statute depending on the age of the victim and if the conduct was consensual. The Wallin & Klarich sexual assault attorneys explain to you the elements of criminal sodomy that the prosecution will use to prove you are guilty of the charge. You can be guilty of illegal sodomy if:

  1. Pursuant to California Penal Code 286(b)(1), YOU participate in an act of sodomy with another person who is under the age of 18 years old.
  2. Pursuant to California Penal Code 286(b)(2), YOU are over the age of 21 years and participate in the act of sodomy with another person who is under 16 years of age.
  3. Pursuant to California Penal Code 286(c)(1), YOU participate in an act of sodomy with another person under the age of 14 years and the age difference between the two of you is more than 10 years.
  4. Pursuant to California Penal Code 286(c)(2)(A), YOU commit an act of sodomy when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
  5. Pursuant to California Penal Code 286(c)(2)(B), YOU commit an act of sodomy with another person who is under 14 years of age when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim.
  6. Pursuant to California Penal Code 286(c)(2)(C),  YOU commit an act of sodomy with a minor 14 years of age or older when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim.
  7. Pursuant to California Penal Code 286(c)(3), YOU commit an act of sodomy where the act was 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.
  8. Pursuant to California Penal Code 286 (d)(1), YOU while acting in concert with another person, either personally or aiding and abetting that other person, commit an act of sodomy against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person or 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.
  9. Pursuant to California Penal Code 286(d)(2), YOU while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commit an act of sodomy upon the victim who is under 14 years of age, when the act is accomplished  against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
  10. Pursuant to California Penal Code 286(d)(3), YOU while voluntarily acting in concert with another person either personally or aiding and abetting that other person, commits an act of sodomy upon the victim who is a minor 14 years of age or older 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.
  11. Pursuant to California Penal Code 286(f) YOU committed an act of sodomy which was accomplished at a time the victim was unconscious of the nature of the act and this is known to the person committing the act. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:
      • Was asleep or unconscious
      • Was not aware, knowing, perceiving or cognizant that the act occurred.
      • Was not aware, knowing, perceiving or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.
      • Was not aware, knowing, perceiving or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.
  12. Pursuant to California Penal Code 286(g), YOU committed an act of sodomy that was accomplished at a time the victim was  incapable due to a mental disorder or developmental or physical disability and this is known or reasonably should be known to the person committing the act.

What are the Criminal Penalties for Sodomy in California?

Punishments involving the crime of sodomy are dependent on the age of the victim and whether there was legal consent. If you have been charged with criminal sodomy in California, you are facing the following penalties:

  • If you are charged with consensual sodomy against a minor under 18 years of age [ PC286(b)(1) ],  you face the possible punishment of spending either 16 months, 2 years or 3 years in state prison or up to one year in the county jail. The case can also be charged as a misdemeanor under the same law.Criminal penalties for a penal code 286 PC conviction.
  • If you are charged with consensual sodomy by someone 21 years old or older and the victim is under 16 years old, [ 286(b)(2) ]  the punishment you are facing consists of 16 months, 2 years or 3 years in state prison and is a straight felony. (No misdemeanor).
  • If you are charged with consensual sodomy against a minor who is under the age of 14, [286(c)(1)], and you are at least 10 years older than the victim, you face the possible punishment of spending 3 years, 6 years or 8 years in state prison, and the offense is a straight felony. (No misdemeanors).
  • If you committed sodomy by means of force, fear, intimidation etc. [286(c)(2)(A)], you are facing the possible punishment of spending 3 years, 6 years or 8 years in state prison, and the offense will be charged as felony. (No misdemeanor).
  • If you committed sodomy by force, fear, intimidation etc., and the victim is under 14 years old  [286(c)(2)(B)],  the punishment is  9 years, 11 years or 13 years in state prison and is a straight felony. (no misdemeanor).
  • If you committed sodomy by force, fear, intimidation, etc., and the victim is 14 years of age or older,  [286(c)(2)(C)],  the punishment you are facing consists of 7 years, 9 years, or 11 years in prison, and the charge is a straight felony. (No misdemeanor).
  • If you committed sodomy where the act was 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 [286 (c)(3)], the punishment is 3 years, 6 years or 8 years in state prison, and it will be charged as a straight felony. (No misdemeanor).
  • If sodomy was committed by any person who, while acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person or 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  [286(d)(1)]  is punishable by 5 years, 7 years or 9 years in prison and is a straight felony. (No misdemeanor).
  • If sodomy was committed by any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy upon the victim who is under 14 years of age, when the act is accomplished  against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person [286(d)(2)] the punishment is 10 years, 12 years or 14 years in state prison and is a straight felony. (No misdemeanor).
  • If sodomy was committed by any person who, while voluntarily acting in concert with another person either personally or aiding and abetting that other person, commits an act of sodomy upon the victim who is a minor 14 years of age or older 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 [286(d)(3)] the punishment is 7 year, 9 years or 11 years in state prison and is a straight felony. (No misdemeanor).
  • If you committed sodomy at a time the victim was unconscious of the nature of the act  and this is known to the person committing the act [286(f)], the punishment is 3 years, 6 years or 8 years in state prison and a straight felony. (No misdemeanor).
  • If you committee sodomy and at the time the victim was incapable of consent due to a mental disorder or developmental or physical disability and this is known or reasonably should be known to the person committing the act [286(g)], the punishment is 3 years, 6 years or 8 years in prison and is a straight felony. (no misdemeanor).

IMPORTANT NOTE:

If you are convicted of any of the crimes listed, you will be required to register as a sex offender pursuant to California Penal Code 290.

What are Some of the Common Defenses to a Crime of Sodomy?

If you are charged with the crime of sodomy, there are several defenses that your sexual assault attorney at Wallin & Klarich can raise on your behalf. That is why it is important to contact a California criminal defense attorney at Wallin & Klarich who has extensive experience defending those charged with sodomy. Here are some of the common defenses raised:

Defense of Consent

If force is alleged,  your attorney can raise the defense of consent.  Consent can be established in many ways, including prior relationship to the victim, verbal consent given, witness statements (if there are any), and medical records to establish lack of physical evidence or trauma to the anal area. . Note:  While consent is not a defense to a crime of sodomy against a minor, it can lower your punishment significantly if consent is established.

Mistake of age may be a defense to certain consensual sodomy charges when the victim is 14 years of age or over, but is not a defense if the victim is under 14 years of age.

Defense of No Penetration or Contact

You can allege no penetration or contact to the crime of sodomy. Sodomy does require the prosecutor to prove beyond a reasonable doubt that there was some penetration or some contact between the penis of the defendant and the anus of the victim.  If the victim alleges full penetration as an example, your attorney may argue that there was no penetration at all and perhaps retain an expert doctor to render the medical opinion that there is no physical evidence to establish penetration.

Motive or Lie or Fabricate

If the alleged victim have a reputation in the community for lying, cheating or stealing, or if the alleged victim has a motive to lie about the defendant, an experienced criminal defense attorney will be able to bring these facts to the jury to help create that reasonable doubt needed for acquittal.

Wallin & Klarich Will be There When You Call

If you or a loved one has been charged with a crime, you need to contact an experienced Wallin & Klarich criminal defense attorney immediately. Our skilled attorneys will vigorously defend you and will be able to present the best factual and legal defenses available to you.

Call Wallin & Klarich Today

At Wallin & Klarich, we have been successfully defending clients facing both state and federal charges for over 30 years. We will meet with you immediately to review the facts of your case, and plan a defense strategy that will help you get the very best outcome possible.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL, so you can speak directly with one of our criminal defense attorneys. During this very difficult situation, we will be there when you call.

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