Oral Copulation (Penal Code 288a and 290)
Oral copulation (Penal Code 288a) is any contact, however slight, between the mouth of one person and the sexual organ or anus of another. Oral copulation will be treated as a sex crime under a variety of circumstances (even if the crime is only attempted) and whether it is charged as a misdemeanor or a felony will primarily depend on the ages of the accused and the alleged victim, and on the circumstances that surrounded the charged incident. Depending on the severity of the offense, an individual accused of this crime faces up to eight years in prison and will definitely be required to register as a sex offender, pursuant to California’s Penal Code 290.
The most effective way to avoid these penalties is to hire a criminal defense lawyer who knows how to successfully and discretely defend these types of cases. The exceptional attorneys at The Kavinoky Law Firm have mastered this unique area of the law and are dedicated to helping their clients defend against the life-changing consequences that coincide with an oral copulation conviction.
Unlawful oral sex is a chargeable offense under a number of circumstances. It may be charged against any individual (even another minor) who participated in an act of oral copulation with another person who was younger than 18 years of age at the time of the incident as a misdemeanor, punishable by up to one year in jail, or as a felony, punishable by up to one year in prison. If the accused was over the age of 21 and engaged in oral copulation with another who was under the age of 16, he or she will be charged with a felony. The offense may also be charged against an individual who had oral sex with another who was under 14 years of age and more than 10 years younger than the accused, as a felony, punishable by a three, six or eight year prison sentence.
If the alleged victim engaged in oral copulation with the accused because the accused either forced him or her into doing so or threatened to hurt him or her or another if he or she didn’t, the accused faces a felony, punishable by three, six or eight years in the state prison. An individual will face the same sentence if he or she engaged in oral sex with an alleged victim who was unconscious (which was known by the accused), who was prevented from resisting due to intoxication (which was known or reasonably should have been known by the accused), who submitted under the belief that the accused was the victim’s spouse (a belief that was induced by the accused with the intent of inducing such a belief), who was reasonably convinced that he or she or another was going to be incarcerated, arrested, or deported, because he or she believed that the accused was a public official, or who was incapable of giving consent due to a mental or physical disability (a fact which was known or should have been known by the accused).
If the alleged victim suffered from a mental or physical disorder that rendered him or her unable to consent (and that fact was known by the person accused of committing the act) or was threatened or forced into the oral sex act and the accused was voluntarily acting in concert with another (either personally or by aiding and abetting that other person), he or she faces a felony, punishable by imprisonment in state prison for five, seven, or nine years.
Prisoners or those who engage in oral copulation with another while both individuals are confined in a state hospital or treatment facility will be charged with either a misdemeanor or a felony, punishable by up to one year in jail or prison.
The good news is that there are a variety of defenses that the skilled criminal attorneys at The Kavinoky Law Firm know how to effectively convey to the judge and jury that will cast reasonable doubt as to the validity of the charge. For unsurpassed legal advice and representation, contact them today for a free consultation.
