Oral copulation, or oral sex, is a sex crime in California when it occurs without consent. Oral copulation is the act of one person’s mouth coming into contact with the genitals or anus of someone else.
Unlawful oral copulation is generally processed under California Penal Code 287. Those accused of forcing another person into the sexual act of oral copulation can face severe consequences and harsh penalties, so contact our Los Angeles sex crimes lawyers if you are facing charges.
California Penal Code 287: Unlawful Oral Copulation
Oral copulation is illegal anytime that the act is performed without consent. Not having consent from the victim is not simply when the victim says no. There are many situations involving oral copulation where a victim is unable to say no, is unaware of what is happening, or is not considered to be capable of giving consent.
Oral copulation is illegal under California Penal Code 287 when the act is performed:
- Against the victim’s will with the use of force or fear
- Against the victim’s will with threats of future retaliation, such as threatening to retaliate against the victim or a public official
- Against a victim who is incapable of giving legal consent due to being under 18 years of age (statutory rape laws may also apply depending on the victim’s age)
- Against a victim who is incapable of giving legal consent due to a mental illness or disorder
- Against a victim who is incapable of giving legal consent due to a physical disability
- Against a victim who is incapable of giving legal consent due to unconsciousness
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Penalties for Unlawful Oral Copulation in California
Under California Penal Code 287, unlawful oral copulation is typically processed as a felony. However, under certain conditions, this sex offense is considered a wobbler. A wobbler can be prosecuted as either a misdemeanor or a felony. If charged with a misdemeanor, a defendant may face:
- Up to $1,000 in fines
- Up to one year in jail
- Summary probation
When processed as a felony, the penalties rise steeply. In the most severe cases, unlawful oral copulation can result in:
- Up to $10,000
- Up to eight years in California state prison
- Formal probation
Juvenile courts may handle cases when the accused is a minor, but adult defendants face harsh prison sentences in state prison if convicted.
Sex Offender Registration
In addition to fines, incarceration, and probation, those convicted of an offense under PC 287 are likely to be required to register as sex offenders. In some misdemeanor cases, the judge is not required to force a defendant to register. However, they may still do so at their discretion.
The amount of time a person must spend on the sex offender registry will depend on the tier of their offense. A tier-one sex offender must register for ten years, while a tier-three offender must register for life.
How Can a Sex Crimes Lawyer Help?
Facing charges under California Penal Code 287 or any other sex offense can be overwhelming. This is especially true given the possibility of prison sentences, sex offender registration, and long-term consequences.
An experienced criminal defense attorney plays a crucial role in protecting your rights and building a strong case. Specifically, they can assist by:
- Evaluating your case: A lawyer will review the details of your arrest, the evidence presented, and the allegations against you to identify weaknesses in the prosecution’s case.
- Challenging evidence: Your attorney can question the validity of witness statements, medical records, or claims based on force or fear to weaken the charges.
- Protecting your rights: A defense lawyer ensures that police officers, prosecutors, and public officials follow proper legal procedures throughout the investigation.
- Devising defense strategies: They can develop arguments based on false accusations, lack of consent, fraudulent representation, or a reasonable belief about the victim’s age.
- Negotiating outcomes: Your criminal defense lawyer may work to reduce charges, avoid California state prison, or negotiate alternatives such as probation or treatment for a mental disorder.
- Representing you in court: They will represent you before a judge or jury in criminal court or juvenile court if applicable.
- Minimizing penalties: A skilled attorney will fight to reduce prison sentences, fines, or the severity of sex offender registration requirements.
Common Defenses Against PC 287 Charges
Many different defenses can be used against Penal Code 287 charges. Because there are so many different ways this law can be violated, the defenses can vary significantly. However, there are some arguments that are commonly used to beat a conviction. Some of the most used are:
- False accusations
- Reasonable belief that the victim was over 18
- Consent
False Accusations
Unfortunately, it is not uncommon for accusations to be made against innocent people. False accusations most often occur due to anger, jealousy, or greed on the part of the accuser.
However, it can also happen due to mistaken identity. The accused may look like the perpetrator, or the witness may have simply seen the accused in another context and become confused.
Reasonable Belief the Victim Was Over 18
In cases where oral copulation was unlawful due to one of the participants being underage, this is often a valid defense. This defense likely will not work simply based on the statement that you believed the victim to be 18 or older.
However, if you met the minor at an establishment that was 21 and over, you would be able to argue that you reasonably believed them to be of legal age. Defense attorneys may also highlight evidence of fraudulent representation if the minor misrepresented their age.
Consent
Having consent from the other party will only work against some PC 287 charges. If the victim is determined to have been incapable of giving consent, as in the case of a minor, this defense will be deemed invalid.
Arguments surrounding consent can often be tricky to deal with, as it is usually just the victim’s word against the defendant’s. For this reason, it is critical to work with an experienced criminal defense attorney who understands how to challenge the prosecution’s case.
When building any legal defense, it is important to consult with experienced defense attorneys. A sex crimes lawyer can help to make sure you have chosen the best option for your situation. Additionally, they can assist you in building a strong defense to fight the charges brought by the prosecution.
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Contact Simmrin Law Group to Speak With a Los Angeles Sex Crimes Lawyer
So, when is oral copulation a crime in California? It’s a crime when it occurs without a party’s consent.
At Simmrin Law Group, we have decades of experience helping protect our clients against charges of unlawful oral copulation as well as other sex crimes. We fight hard to ensure the best possible outcomes, whether the case involves statutory rape or other sexual allegations.
Give us a call today or fill out our online contact form to schedule a free, no-obligation case evaluation with a member of our legal team. We will review your case and advise you of all your options for battling an unlawful oral copulation charge. For more information, visit our FAQ page.
Call or text (310) 896-2723 or complete a Free Case Evaluation form