There are many different sex crimes involving minors in California. Penal Code 287 deals with one of these charges. Individuals could face PC 287 charges for engaging in oral copulation with a minor child. This occurs if a person engages in a sex act by touching their mouth to the anus or sexual organ of a minor or vice versa.
The penalties for a PC 287 conviction are often very high. This kind of charge can result in prison time and high fines.
PC 287 Charges in California
PC 287 is used to prosecute all acts of non-consensual oral copulation, not only those that involve a minor. While the charge is not always used in relation to a minor, it always applies in cases involving someone under 18 years old because minors can not legally consent to sexual acts.
California uses a specific definition for “oral copulation.” According to the state, this occurs if there is contact between a person’s mouth and another person’s anus or sexual organs.
The vulva, penis, and scrotum are all sexual organs. Therefore, oral contact with any of these organs could lead to PC 287 charges. Note that minors could even face this charge for engaging in oral copulation with other minors.
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PC 287 Charges and Non-Consensual Oral Copulation
PC 287 charges are not only used to handle offenses involving minors. In some cases, this charge is used to prosecute non-consensual acts of oral copulation. Individuals may use force or fear to make someone engage in oral copulation. Duress or threats may also be used.
Individuals could also face PC 287 charges if they engage in oral copulation with someone who is:
- Intoxicated
- Unconscious
- Mentally or physical disabled
This charge may be levied regardless of the age of the partner who did not consent to the act. A criminal defense lawyer in Los Angeles can help you understand these charges in more depth. Find out more by contacting us at (310) 896-2723.
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Results of a Conviction for Oral Copulation with a Minor Child
Individuals convicted of oral copulation with a minor child may face harsh penalties. The results of a conviction can vary based on the age of the minor.
If the Minor Is 16 or Older
In cases involving a minor 16 or over, the crime is treated as a “wobbler.” Wobblers are charges that are sometimes misdemeanors and sometimes felonies. When prosecuted as a misdemeanor, this charge could lead to:
- Fines of up to $1,000
- Jail time of up to one year
- Summary probation
When the other party is over 21, a violation of PC 287 is always charged as a felony. It may also be a felony if the other party is under 21, depending on the specifics of the case. Felony convictions may lead to:
- Fines of up to $10,000
- Prison time of up to three years
- Formal probation
If the Minor Is Under 14
PC 287 penalties are harsher if the minor is under 14. In these cases, the accused usually faces felony charges. They could also end up facing up to eight years of prison time for a conviction. A PC 287 conviction may also require registration as a sex offender. This is true regardless of the age of the minor.
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Do All Convictions Result in Sex Offender Registration?
In many cases, those convicted under California PC 287 are required to register as sex offenders. However, there are situations in which this requirement is left up to the judge rather than being a mandatory sentencing requirement.
When the minor is over the age of 14, and the convicted party is less than ten years older than them, the judge can require registration or not, depending on their discretion. If an offender is required to register as a sex offender, there are three different tiers under which they may be labeled.
A tier one sex offender label is assigned for more mild offenses and results in ten years on the sex offender list. Tier two is for mid-level offenses and requires 20 years of registration. Tier three is for the worst offenders and requires lifetime registration as a sex offender.
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Defenses Against PC 287 Charges in California
You can build a defense if you are accused of oral copulation with a minor child in California. A Los Angeles sex crimes lawyer may help with these charges. There are a number of possible defenses that may work in court. For example, a lawyer could argue that:
- You had reason to believe your partner was over 18
- You were accused of forced oral copulation but did not engage in the act
- You had consent, and your partner in the sexual act was 18 or over
PC 287 charges also apply to non-consensual oral copulation. A lawyer can help you handle these charges as well. A lawyer can work to show that you had full consent to engage in oral copulation with an adult partner in California.
Is There a Statute of Limitations for PC 287 Charges?
While there is a statute of limitations for charges under California Penal Code Section 287, the time frame is quite long. Charges can be filed up until the victim’s 40th birthday. That means that the time in which charges can be brought is going to be a minimum of just over 22 years and may be several years longer depending on the age of the victim at the time of the incident.
Discuss Oral Copulation with a Minor Child Charges With the Simmrin Law Group Today
You may have questions if you were charged under Penal Code 287. This charge is used to prosecute oral copulation with a minor child. It also deals with oral copulation through force or fear.
The Simmrin Law Group can help you handle charges involving oral copulation with a child or forced oral copulation with someone over the age of 18. Find out more by contacting our Los Angeles criminal defense lawyers now. You can also complete our online contact form for a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form