If you are charged with oral copulation with a person under 18 years of age, you need to speak to an aggressive sex crimes defense attorney immediately. The punishment for a oral copulation conviction can be severe and may impact your ability to carry on a normal life.
What is Oral Copulation under PC 288a(b)(1)?
In California, oral copulation is considered any contact between the mouth of one person and the sexual organ or anus of another person. Oral copulation does not necessarily include any type of sexual penetration.
To convict you of oral copulation with a person under 18 years of age, the prosecutor will need to prove the following two elements:
- You participated in an act of oral copulation with another person; AND
- The other person was under 18 years of age when the act of oral copulation was committed.
What is the Punishment for a Oral Copulation Conviction?
Oral copulation with a person under 18 years of age is a “wobbler” offense. This means that the crime may be charged as either a misdemeanor or a felony. The prosecutor has the discretion to pursue either a misdemeanor or felony charge against you depending on the facts of your case and your prior criminal history.
If you are convicted of misdemeanor oral copulation with a person under 18 years of age, you will face up to one year in county jail and up to $1,000 in court fines.
If you are convicted of felony oral copulation with a person under 18 years of age, you will face up to three years in state prison and up to $10,000 in court fines.
If you are convicted under PC 288a(b)(1), the court also has the ability to require you to register as a sex offender under PC 290.006. In People v. Hofsheier, 37 Cal. 4th 1185 (2006), the California Supreme Court held that forcing a 22-year-old man to register as a lifetime sex offender after engaging in consensual oral copulation with a 16-year-old female violated his right to equal protection. The Supreme Court explained that a court should consider the facts of the case and whether the defendant has been convicted of any prior sex crimes in deciding whether to force him to register as a sex offender.
Why You Should Retain the Law Offices of Wallin & Klarich
The skilled criminal defense attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients accused of oral copulation. Our attorneys’ knowledge of the law and close attention to all of the facts ensure that you will receive the best possible outcome in your case. We are committed to being available to our clients at all times; 24 hours a day, 7 days a week, 365 days a year.
We have offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks. Please call us today at (877) 466-5245 to discuss your case. We will get through this together.