Arrested or Charged with Oral Copulation (Penal Code § 287) in California?

If you or someone you know has been arrested or charged with oral copulation under California Penal Code § 287, it’s crucial to understand the nature of this offense, its potential consequences, and your legal options.

At David P. Shapiro Criminal Defense Attorneys, we defend individuals facing serious criminal charges, including those related to oral copulation. Our experienced attorneys are here to guide you through this challenging time and protect your rights.

Oral Copulation Charges in California

California Penal Code § 287 defines and penalizes various forms of oral copulation offenses. It’s important to note that while some forms of oral copulation between consenting adults are legal, there are several circumstances under which it becomes a criminal offense.

Definition of Oral Copulation

According to Penal Code § 287(a):

“Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.”

This definition is gender-neutral and applies regardless of the sex of the individuals involved.

When Oral Copulation Becomes a Crime

Oral copulation becomes a criminal offense under various circumstances outlined in the statute. These include:

1. Oral copulation with a minor
2. Oral copulation by force or fear
3. Oral copulation with an unconscious person
4. Oral copulation with a person incapable of giving consent due to a mental disorder or developmental disability
5. Oral copulation in detention facilities
6. Oral copulation by fraud or deception
7. Oral copulation by threat of authority

Let’s examine each of these in more detail.

Types of Oral Copulation Offenses

1. Oral Copulation with a Minor

The law treats oral copulation with a minor differently depending on the ages of the individuals involved:

• If the victim is under 18 (§ 287(b)(1)): This is generally charged as a misdemeanor, but can be charged as a felony in some cases.
• If the perpetrator is over 21 and the victim is under 16 (§ 287(b)(2)): This is always charged as a felony punishable by 16 months, 2, or 3 years in state prison.
• If the victim is under 14 and more than 10 years younger than the perpetrator (§ 287(c)(1)): This is a felony punishable by 3, 6, or 8 years in state prison.

2. Oral Copulation by Force or Fear

Forced oral copulation is a serious felony offense. The law distinguishes between different scenarios:

• General forced oral copulation (§ 287(c)(2)(A)): Punishable by 3, 6, or 8 years in state prison.
• Forced oral copulation with a victim under 14 (§ 287(c)(2)(B)): Punishable by 8, 10, or 12 years in state prison.
• Forced oral copulation with a minor 14 or older (§ 287(c)(2)(C)): Punishable by 6, 8, or 10 years in state prison.

3. Oral Copulation with an Unconscious Person

Under § 287(f), it’s a felony to engage in oral copulation with someone who is unconscious of the nature of the act. This includes situations where the victim is:

1. Unconscious or asleep
2. Unaware that the act is occurring
3. Unaware of the essential characteristics of the act due to the perpetrator’s fraud
4. Unaware due to the perpetrator’s fraudulent representation that the act served a professional purpose

This offense is punishable by 3, 6, or 8 years in state prison.

4. Oral Copulation with a Person Incapable of Consent

It’s a felony to engage in oral copulation with someone who is incapable of giving legal consent due to a mental disorder or developmental or physical disability (§ 287(g)). This offense is punishable by 3, 6, or 8 years in state prison.

5. Oral Copulation in Detention Facilities

Under § 287(e), it’s illegal for anyone confined in a state prison or local detention facility to engage in oral copulation. This can be charged as either a misdemeanor or a felony.

6. Oral Copulation by Fraud or Deception

It’s a felony to engage in oral copulation by tricking the victim into believing the perpetrator is someone else (§ 287(j)). This offense is punishable by 3, 6, or 8 years in state prison.

7. Oral Copulation by Threat of Authority

Under § 287(k), it’s a felony to accomplish oral copulation by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim. This offense is punishable by 3, 6, or 8 years in state prison.

Penalties for Oral Copulation Offenses

As we’ve seen, the penalties for oral copulation offenses can vary widely depending on the specific circumstances of the case. They can range from misdemeanor charges with up to one year in county jail to felony charges with substantial state prison sentences.

In addition to imprisonment, convictions can also result in:

• Fines of up to $10,000
• Mandatory sex offender registration
• Probation or parole
• Court-mandated counseling or treatment programs

It’s important to note that many oral copulation offenses are considered “strikes” under California’s Three Strikes law, which can lead to enhanced sentences for repeat offenders or those with prior strikes.

Sex Offender Registration

One of the most significant long-term consequences of an oral copulation conviction is the requirement to register as a sex offender. This is typically a lifetime requirement in California for those convicted of felony oral copulation offenses.

Being on the sex offender registry can severely impact a person’s life, affecting:

• Housing options
• Employment opportunities
• Personal relationships
• Travel restrictions
• Community stigma

Defenses to Oral Copulation Charges

While oral copulation charges are serious, there are several potential defenses that an experienced attorney can explore:

1. Consent

For adult victims, consent is a valid defense to most oral copulation charges. However, it’s important to note that minors, unconscious individuals, and those with certain mental disabilities cannot legally consent.

2. Lack of Knowledge

In cases involving minors or individuals incapable of consent, the defendant may argue that they reasonably believed the person was of legal age or capable of consenting.

3. False Accusations

Unfortunately, false accusations of sexual offenses do occur. An experienced attorney can investigate the circumstances surrounding the accusation and potentially expose false claims.

4. Insufficient Evidence

The prosecution must prove all elements of the crime beyond a reasonable doubt. If there’s insufficient evidence to meet this high standard, the charges should not result in a conviction.

5. Violation of Constitutional Rights

If law enforcement violated the defendant’s constitutional rights during the investigation or arrest (such as conducting an illegal search), it may be possible to have certain evidence suppressed or even have the charges dismissed.

Hiring a San Diego Sex Crimes Attorney

If you’re arrested or charged with an oral copulation offense, it’s crucial to seek legal representation immediately. Here’s why:

1. Protection of Your Rights: An experienced attorney can ensure that your constitutional rights are protected throughout the legal process.
2. Case Evaluation: A skilled lawyer can thoroughly review the evidence against you and identify potential weaknesses in the prosecution’s case.
3. Development of Defense Strategy: Based on the specifics of your case, your attorney can develop a robust defense strategy tailored to your situation.
4. Negotiation with Prosecutors: In some cases, it may be possible to negotiate with prosecutors for reduced charges or penalties.
5. Trial Representation: If your case goes to trial, you need a vigorous defense to challenge the prosecution’s evidence and present your side of the story.

Frequently Asked Questions about Oral Copulation Charges in California

To help you better understand oral copulation charges in California, here are answers to some frequently asked questions:

Can I be charged with oral copulation if the act was consensual?

Generally, consensual oral copulation between adults is legal in California. However, consent is not a defense if the victim is a minor, unconscious, or incapable of giving legal consent due to a mental disorder or disability.

What if I didn’t know the person was underage?

Mistake of age can be a defense in some cases, but it’s not always successful. The court will consider whether your belief was reasonable under the circumstances.

Is oral copulation always a felony in California?

No, not all oral copulation offenses are felonies. Some can be charged as misdemeanors, particularly those involving consensual acts with older minors.

Will I have to register as a sex offender if convicted?

Most felony convictions for oral copulation require sex offender registration. Some misdemeanor convictions may also require registration, depending on the circumstances.

Can oral copulation charges be expunged from my record?

In some cases, yes.

How David P. Shapiro Criminal Defense Attorneys Can Help

At David P. Shapiro Criminal Defense Attorneys, we understand the severity of oral copulation charges and the impact they can have on your life.

Our criminal defense attorneys are committed to providing strategic defense for our clients. Here’s how we can assist you:

1. Immediate Action: We understand the urgency of your situation and can take immediate action to protect your rights.
2. Thorough Case Evaluation: We’ll conduct a comprehensive review of your case, examining all evidence and identifying potential weaknesses in the prosecution’s case.
3. Customized Defense Strategy: Based on the specifics of your case, we’ll develop a tailored defense strategy aimed at achieving the best possible outcome.
4. Skilled Negotiation: When appropriate, we’ll negotiate with prosecutors to potentially reduce charges or penalties.
5. Vigorous Trial Representation: If your case goes to trial, we’ll provide vigorous representation, challenging the prosecution’s evidence and presenting your defense.
6. Support Throughout the Process: We understand how stressful this situation can be. Our team will support you throughout the legal process, keeping you informed and advising you on the best course of action at every stage.

Protect Your Rights and Your Future

Being charged with oral copulation in California is a grave situation that requires immediate action. However, an arrest or charge does not necessarily mean a conviction. With skilled legal representation, you can fight these charges and protect your rights and your future.

At David P. Shapiro Criminal Defense Attorneys, we have a deep understanding of California’s sex crime laws and extensive experience defending clients against serious criminal charges. We’re committed to providing our clients with the strongest possible defense, ensuring that their side of the story is heard and their rights are protected.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.