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 someone else’s anus or sexual organ.
The penalties for a PC 287 conviction are often very high. This kind of charge can result in prison time and high fines. Find out more about how to defend yourself against an oral copulation with a minor charge with the Simmrin Law Group.
PC 287 Charges in California
PC 287 is used to prosecute all acts of non-consensual oral copulation. This means that the charge is not always used in relation to minors. However, it always applies in cases involving someone under 18 years old.
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.
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 with is:
- 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) 997-4688.
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. For instance, 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 could lead to:
- Fines of up to $1,000
- Jail time of up to one year
However, this charge is always a felony if the other party is over 21. It may also be a felony if the other party is under 21. Felony convictions may lead to:
- Fines of up to $10,000
- Prison time of up to three years
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.
Defenses for 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
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.
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 someone over the age of 18. Find out more by contacting our Los Angeles criminal defense lawyers now at (310) 997-4688. You can also complete our online contact form.
Learn more today about your legal options with a free consultation.