Oral copulation with a minor occurs when there is contact, however slight, between the mouth of the defendant and the sexual organ of a person under the age of 18. Penal code 287 states that oral copulation is “the act of copulating the mouth of one person with the sexual organ or anus of another person.” Prosecution does not have to prove a completed oral sex or ejaculation. Any touching of the genitals using one’s mouth or kissing the genitals for a fraction of a second is sufficient to prove the crime of oral copulation. Oral copulation could rise to the level of aggravated sexual assault if the oral sex involved the use of force, threat of force or fear.
Consent is not a defense
A defendant cannot claim a defense arguing that the oral sex with the minor was consensual. Minors may not legally consent to any sexual act. Only a person over the age of 18 may consent to have oral copulation or any other sexual conduct.
Penalties for a Violation of Oral Copulation with a Minor
Usually, the penalties for a violation of California Penal Code 287 are based on the ages of the accused and the alleged victim.
If charged as misdemeanor for younger adults: If the perpetrator of the crime is younger than 21 years of age and the alleged victim was more than 16 years old, the crime may be charged as a misdemeanor at the prosecutor’s discretion. Here, the penalty will be a maximum of 1 year in county jail.
For older adults: If the defendant was over the age of 21, and the victim was under 16, maximum term in prison would be 16 months, 2 years, or 3 years maximum. If the defendant was at least 10 years older than the victim who was under the age of 14, the potential prison term would be 8 years.
Registration as a Sex Offender
A conviction of oral copulation with a minor requires mandatory registration as a sex offender pursuant to California Penal Code 290.
Importance of Having an Attorney
Oral copulation with a minor is one of the most serious crimes in California. It could easily result in extensive prison terms of 10 to 25 years once all circumstances are considered. Unfortunately, many individuals who believe they are falsely accused of this crime, neglect to contact an attorney when they are contacted by a detective and when the investigations are getting started. They choose to take the matter in their own hand and handle it without an experienced sex crime attorney. The results are almost always devastating. An aggressive and solid criminal defense lawyer can help you in many ways to beat this charge, reduce the charge or reduce your sentence. Do yourself a favor and contact a sex crime lawyer in Los Angeles now.
