Sodomy refers to a specific sex act in the state of California wherein there is the entry of a penis into an anus. Consensual acts of sodomy are not against the law in California. However, individuals can face sodomy charges for non-consensually forcing someone else into this act.
California uses Penal Code 286 to prosecute non-consensual sodomy. Note that sodomy is always non-consensual if it involves someone under the age of 18. Get more information about sodomy charges by contacting the Simmrin Law Group at (310) 997-4688.
Defining Illegal Acts of Sodomy in California
In the past, all forms of sodomy were illegal in many places. It did not matter if both parties consented to the act or not; they could both face criminal charges. However, the laws regarding sodomy have since changed.
Today, sodomy is a legal sex act in many circumstances. However, there are times when acts of sodomy can still lead to criminal charges. Individuals who force another person to engage in sodomy are breaking the law. Individuals may force others to take part in a sex act through:
- Force
- Violence
- Fear
Additionally, people must willingly consent to sodomy for a person to avoid a sodomy charge. In some cases, individuals are not capable of giving consent. For example, individuals cannot legally give consent to a sex act if they are:
- Under the age of 18
- Dealing with certain mental or physical disabilities
- Unconscious
- Asleep
- Drugged
Furthermore, it may be against the law to engage in sodomy after telling an intimate partner you are going to perform a different act. Note that any penetration of a penis into an anus is an act of sodomy. Individuals can face sodomy charges even if they do not ejaculate.
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Types of Sodomy Charges in California
It’s important to understand that there are several subsections of California’s laws on sodomy. These charges are not all treated the same way. These charges include:
- Engaging in sodomy with a minor
- Engaging in sodomy with someone under 16 if you are over 21
- Engaging in sodomy through force or fear
- Engaging in sodomy with a fellow jail or prison inmate
- Engaging in sodomy with a fellow psychiatric hospital patient
Note that these are only examples of some of the charges used to prosecute sodomy. You can speak with a criminal defense lawyer in Los Angeles about other sodomy charges by calling (310) 997-4688.
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Penalties for a Sodomy Conviction in California
Sodomy is a serious sex crime in California. The court treats sodomy as a “wobbler.” This means that individuals can face misdemeanor or felony charges for a wobbler. The prosecution decides how to handle this charge. They assess an individual’s past criminal history and the facts of the case when making this decision.
Misdemeanor sodomy convictions can lead to:
- Fines of up to $1,000
- Jail time of up to one year
However, many of these offenses are treated as felonies. Individuals accused of a felony can face:
- Fines of up to $10,000
- Prison time of up to three years
In some cases, the court may add years of additional time onto a prison sentence. Additionally, individuals must register as sex offenders after a felony conviction. Sodomy can also count as a “strike” on an individual’s record.
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Defenses for Sodomy Accusations in California
It’s important to understand that there are defenses to sodomy accusations here in California. A Los Angeles criminal defense lawyer can help you if you are facing charges. Some common defenses involve working to show that:
- The sodomy occurred with the consent of the other person
- You were falsely accused of committing sodomy
It is not against the law to engage in consensual sodomy. A lawyer can work to show that you had – or believed you had – consent to engage in this sex act. This could help you avoid a conviction. Your lawyer can also help if you were accused of a crime you didn’t commit. Find out more by contacting us.
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Talk to a Lawyer About Penal Code 286: Sodomy
Sodomy charges should receive serious attention in California. A conviction for sodomy could result in incarceration and high fines. Fortunately, a sex crimes lawyer in Los Angeles could help with these charges. Find out how by contacting the Simmrin Law Group. It’s easy to reach us. Just call (310) 997-4688. You can also complete our online contact form.
Let us review the charges you face with a free consultation.
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