Defenses to a Sodomy Charge
Being accused of sodomy can be an emotionally damaging experience. The stigma of a sodomy charge can affect your personal relationships, employment and standing in the community. Sodomy can also lead to serious prison time. However, you can fight the charge filed against you. If you or a loved one is facing a sodomy charge, it is important to hire an experienced attorney as soon as possible.
What is Sodomy?
Under California Penal Code Section 286, sodomy is defined as sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy. Anal copulation between two consenting adults is not criminalized in the state of California. However, you can be prosecuted for sodomy under Penal Code Section 286 if you:
- Forced someone to engage in sodomy against his/her will; or
- You committed an act of sodomy with a minor.
What is the Punishment for a Sodomy Conviction? – California Penal Code Section 286
Depending on the circumstances of your case and past criminal history, sodomy can be charged as a misdemeanor or a felony. A misdemeanor sodomy conviction is punishable by up to one year in county jail, a $1,000 fine. A felony sodomy conviction is punishable by 16 months, two years or three years in state prison, and a fine of up to $10,000. Under Penal Code Section 286(b)(2), if you were over the age of 21 and the other person was a minor under the age of 16 at the time of the offense, the sodomy charge is a felony.
Under Penal Code 286(d), if you committed sodomy through force or fear or conspired with another person to commit sodomy, you face a felony sodomy charge that is punishable by five, seven or nine years in state prison and a $10,000 .
Under Penal Code 286(c), if you committed sodomy with a minor under the age of 14, sodomy is punishable by three, six or eight years in state prison and a $10,000 fine.
What are the Defenses to a Sodomy Charge?
There are many viable defenses to a sodomy charge. They include, but are not limited to:
Consent
You cannot be convicted of sodomy under Penal Code Section 286 if you reasonably believed that the other person consented to the act of sodomy, unless they were a minor. In this defense, you reasonably believed the other person consented because he/she appeared willing to engage in the act.1
Age
You cannot be convicted of sodomy if you engaged in a consensual act of sodomy and reasonably believed that the other person was an adult. The other person may have claimed to be at least 18 years old and have appeared physically mature.2
False Accusation
The other person may have falsely accused you of sodomy to seek revenge because you ended a relationship or to make someone else jealous.3
Call Wallin & Klarich Today
If you or a loved one is facing a sodomy charge, it is critical that you speak to an experienced criminal defense attorney as soon as possible. At Wallin & Klarich, our attorneys have over 30 years of experience in defending persons charged with sodomy crimes. Our attorneys will fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich sex crimes attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
1. [Fighting A Sodomy Charge In Southern California, https://www.wksexcrimes.com/fighting-sodomy-charges-pc-section-286/]↩
2. [Id. 1]↩
3. [Id. 1]↩
