You recently moved into a house in Tustin. You did not know any of your roommates prior to moving in. After moving in, you spent one night “hanging out” with one of your female roommates. Now, you are being accused of using force to commit an act of oral copulation. What is the punishment for oral copulation in California under PC 288a(c)(2)?
Oral Copulation by Force in California
To convict you of oral copulation by force under PC 288a(c)(2), the prosecutor will need to prove the following elements:
- You committed an act of oral copulation with someone else;
- The other person did not consent to the act of oral copulation; AND
- You accomplished the act through force, violence, duress, menace or fear of immediate and unlawful bodily injury to someone;
- You threatened to retaliate against someone when there was a reasonable possibility that the threat would be carried out; OR
- You threatened to use the authority of a public officer to incarcerate, arrest, or deport someone.
You have committed an act of oral copulation by force when you use enough physical force to overcome the alleged victim’s will. Consider the example provided below:
- You asked the victim to perform oral sex on you. When she refused, you grabbed her neck with a firm grip and motioned her toward your genitals. The victim proceeds to perform oral sex on your genitals. In this situation, your firm grip will likely be considered sufficient physical force to overcome the victim’s will.
Punishment for Oral Copulation by Force
According to California Penal Code section 288a(c)(2), oral copulation by force, violence, duress, menace or fear of immediate and unlawful bodily injury on the victim or another person is considered a felony offense. If convicted, you will face up to 8 years in state prison and up to $10,000 in court fines.
If you are convicted under California Penal Code section 288a(c)(2), you will be required to register with the local law enforcement agency as a sex offender under California Penal section 290(c). As long as you reside, work or attend school in California, you will be required to update your sex offender registration yearly. You must also update your sex offender registration every time you change your name, address or employment.
Failure to register as a sex offender is an offense under California Penal Code section 290(c). Failure to register may be charged as either a misdemeanor or felony depending on the underlying offense and whether you have previously failed to register.
Why You Should Hire the Oral Copulation Defense Attorneys at Wallin & Klarich
The attorneys at Wallin & Klarich have been successfully defending clients charged with oral copulation by force for over 30 years. When you are accused of such a serious crime, there is too much at stake to retain any law firm other than Wallin & Klarich.
Your Wallin & Klarich attorney will aggressively defend your rights and keep you informed of any developments in your case. We understand how stressful oral copulation matters can be and are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Call us today at (877) 466-5245. We will get through this together.