July 10, 2018 By Stephen Klarich

Punishment for Oral Copulation in California – PC 288a(c)(2)

In order to convict you of committing oral copulation by force under PC 288a(c)(2), the prosecution must prove all of the following elements of the crime:

  • You committed an act of oral copulation with another person
  • The other person did not consent to the act, and
  • You accomplished the act through force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the victim or another person

Depending upon the specific charge you are facing, there may be additional elements the prosecution will be required to prove.

There are severe punishments that you face if you are convicted of oral copulation in California. Let’s take a look at these serious penalties and how you may be able to avoid them by hiring our experienced sex crimes defense lawyers at Wallin & Klarich.

Punishment for Oral Copulation in California

The punishment you face if you are convicted of oral copulation depends upon the specific crime you are accused of violating:Punishment for Oral Copulation in California

  • Oral Copulation by Force under PC 288a(c)(2) – Oral copulation by force is a felony offense. If convicted, you face imprisonment in state prison for 3, 6 or 8 years and up to $10,000 in court fines.
  • Oral Copulation with a Minor under PC 288a(b)(1) – Oral copulation with a minor is a wobbler offense, meaning it can be charged as a misdemeanor or a felony depending upon the circumstances of the case and your prior criminal history. Misdemeanor oral copulation with a minor carries up to 364 days in county jail. As a felony, this crime carries up to three years in prison.
  • Oral Copulation with a Child Under 14 under PC 288a(c)(1) – If the victim was under 14 years of age at the time of the oral copulation and you were at least 10 years older than the victim, oral copulation is punished more severely. You face up to eight years in state prison if you are convicted of this crime.

Additionally, you will be required to register as a sex offender with local law enforcement under PC 290 if you are convicted of an oral copulation offense. Failure to register is a crime that can be charged as a misdemeanor or felony depending on the underlying offense for which you had to register and whether you have any previous convictions for failure to register under PC 290.

If you are accused of violating PC 288a, you should contact an experienced oral copulation defense attorney at Wallin & Klarich immediately. Our law firm understands the valid defenses to this crime and will help you obtain the best possible outcome in your case.

Speak to Our Attorneys Today if You are Accused of Oral Copulation

Oral copulation charges carry severe penalties that could impact you for the rest of your life. Our skilled and knowledgeable oral copulation defense attorneys may be able to help you avoid these serious consequences. We have more than 35 years of experience successfully defending clients accused of sex crimes. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich oral copulation defense attorney available near you no matter where you are located.

Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call


  1. Why is pc 288a (C)(2) grouped in the class with lewd acts with children? This statute, as I understand it is a crime against an adult, not children.

    1. Oral copulation by force or fear is a crime no matter if it was committed against a minor or an adult. You face more severe punishment if the crime was committed against a minor.

    1. Hi Paul,

      We’d have to know more about the case to answer this question. Minors could be tried as an adult for this crime, so it depends on the circumstances. If you need help with a case, please contact us at (877) 466-5245 for a free phone consultation.

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