Oral Copulation with a Minor – California Penal Code 288a
California Penal Code 288a describes the crime of oral copulation with a minor. This sex crime law actually has numerous different statutes based on the victim's status.
For instance, there are different types of oral copulation charges when the victim is under a certain age, intoxicated, unconscious, or if the crime was achieved using force.
Under Penal Code 288a, the prosecutor has the discretion to charge you with a misdemeanor or felony case if you have oral copulation with a minor under 18 years old. If convicted of PC 288a, the penalties will vary depending on the victim's age at the time of the incident.
One of the most common issues in a PC 288a oral copulation with a minor case deals with consent. It's a myth that you can't be charged with oral copulation with a minor when consent is given.
The age of consent in California is 18 years old. In other words, a minor can't give consent for any type of sexually related activity. It doesn't matter if they were a willing participant and gave you consent. This means consent is not a valid legal defense after you have been charged with Penal Code 288a.
Oral copulation with a minor is a very serious California sex crime, and any allegations are thoroughly investigated and aggressively prosecuted by the Los Angeles County District Attorney's Sex Crime Division.
If convicted, the consequences are harsh, and you will be ordered to register as a sex offender for life under California Penal Code 290.
If under investigation or already charged with PC 288a oral copulation with a minor, you should consult with a criminal defense lawyer immediately. Don't make statements to police detectives.
Our criminal defense lawyers have provided an overview below to help readers better understand Penal Code 288a, specifically the charge of oral copulation with a minor.
Definition of PC 288a Oral Copulation with a Minor
California Penal Code 288a defines the sex crime of oral copulation with a minor:
- Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of someone else. It's illegal for any person who engages in oral copulation with anyone who is under 18 years. Anyone who is 21 years old and engages in oral copulation with anyone under 16 years old is guilty of a felony offense.
As discussed, there are different statutes within PC 288a addressing situations where the victim is under 14 years old, if oral copulation was accomplished using force, duress, threats, retaliation, violence, or fear of bodily injury, and others.
It should be noted that there is no legal requirement that oral copulation results in ejaculation.
What Does the Prosecutor Have to Prove?
To be convicted of oral copulation with a minor, in violation of California Penal Code Section 288a, the prosecutor has to prove all elements of the crime listed in CALCRIM 1082 Jury Instructions:
- You engaged in the act of oral copulation with someone else, and
- The other person was under 18 years old when it occurred
Put simply, oral copulation with anyone under 18 years old is a crime under PC 288a, regardless of whether they gave consent. If both were minors, the prosecutor can still charge them, but it will typically be handled in the Los Angeles County juvenile court.
Penalties for PC 288a Oral Copulation with a Minor
California Penal Code 288.1 requires courts to order a psychological evaluation in certain sex crime cases prior to sentencing.
If convicted of oral copulation with a minor conviction in violation of Penal Code 288a, the penalties will depend on a variety of factors.
Penal Code 288a is a “wobbler,” which means the case can be filed as either a misdemeanor or a felony crime. This filing decision is typically based on the details of the case and the prior criminal record.
Oral copulation is a wobbler if the victim is 16 years old or if you were 21 at the time of the incident. If convicted of a misdemeanor oral copulation with a minor, you will be facing:
- Up to one year in a county jail
- A fine of up to $1,000
- Summary probation
If convicted of felony oral copulation with a minor, you will be facing:
- Up to three years in a California state prison
- A fine of up to $10,000
- Felony probation
If the victim was less than 14 years old and you were more than 10 years older than the victim, the state prison sentence will increase to 3, 6, or 8 years. Oral copulation by force or fear will always result in a more severe sentence, and you could be facing up to 12 years in state prison.
Lewd acts with a minor using force or fear are defined under Penal Code 288(b)(1) PC. Penal Code 667.71 PC defines the habitual sex offender law in California. Penal Code 286 PC defines the crime of sodomy.
Related California Offenses
There are numerous related California Penal Code 288a offenses and other sex crimes that are closely related:
- Penal Code 288a(c)(1) – Oral Copulation with minor under 14
- Penal Code 288a(b)(2) – Oral Copulation with minor under 16
- Penal Code 288a(b)(1) – Oral Copulation with minor under 18
- Penal Code 288a(c)(2)(A) – Oral Copulation using force or fear
- Penal Code 288a(c)(3) – Oral Copulation with the threat of retaliation
- Penal Code 288a(e) – Copulation while in jail or prison
- Penal Code 288a(f) – Oral Copulation of an unconscious victim
- Penal Code 288a(i) – Oral Copulation of an intoxicated victim
- Penal Code 261.5 – Statutory rape,
- Penal Code 288 – Lewd acts with a minor
- Penal Code 288.5 – Continuous sexual abuse of a child
- Penal Code 289 PC - Forcible penetration with a foreign object
- Penal Code 288.3 PC - Contact a Minor to Commit a Felony
Fighting PC 288a Oral Copulation with Minor Charges
Our Los Angeles criminal lawyers can use a wide range of defenses to fight your Penal Code 288a charges. We need to closely examine all the details to develop a strategy, as each case is unique. Common defenses include:
Belief the victim was not a minor
We might be able to argue that you had a reasonable belief that the minor was at least 18 years old. Maybe you did not know the victim was a minor due to her physical appearance, or they told you they were over 18 years old.
Perhaps we could use statements from witnesses who will state the victim told them they were not a minor. If we are able to show you had a reasonable belief the victim was at least 18 years old, then you can't be guilty of oral copulation with a minor.
False accusation
We may be able to argue that you were falsely accused and wrongfully arrested. It's not that uncommon for someone to be falsely accused of illegal oral copulation. There have been prior cases where an alleged victim is angry after a breakup of a relationship, and they seek to get their ex-partner in legal trouble out of revenge.
If you were accused of oral copulation with a minor described under California Penal Code 288a, contact our criminal defense attorneys to examine the details and options.
A PC 288a conviction can have life-altering consequences. We are seasoned attorneys with a proven track record of success in defending against sex crimes charges. To start preparing for your defense, we will need to discuss the details to determine an appropriate strategy for the best possible outcome.
Cron, Israels & Stark is a criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. For a free case consultation, call us at (424) 372-3112.