Arrested for Oral Copulation (Penal Code § 287) in California?

If you’ve been arrested for oral copulation under California Penal Code § 287, you’re facing one of the most serious sex crime charges in the state, with penalties that include substantial prison time and lifetime sex offender registration. Whether you’re under investigation or have already been charged, understanding what you’re up against is the first step to protecting your rights.

What is Oral Copulation Under California Law?

California Penal Code § 287(a) defines oral copulation as:

“Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.”

It’s important to note that this definition is gender-neutral and covers a wide range of sexual acts.

Types of Oral Copulation Offenses

The law outlines several specific scenarios that constitute criminal oral copulation:

1. Oral Copulation with a Minor (§ 287(b))

This offense involves oral copulation with a person under 18 years of age. The severity of the charge depends on the ages of both the defendant and the minor:

• If the minor is under 18: Punishable by imprisonment in state prison or county jail for up to one year.
• If the defendant is over 21 and the minor is under 16: This is always a felony.

2. Oral Copulation with a Child Under 14 (§ 287(c)(1))

If the victim is under 14 years old and more than 10 years younger than the perpetrator, the offense is punishable by 3, 6, or 8 years in state prison.

3. Forcible Oral Copulation (§ 287(c)(2))

This involves oral copulation against the victim’s will by means of force, violence, duress, menace, or fear of immediate bodily injury. Penalties vary based on the victim’s age:

• Adult victim: 3, 6, or 8 years in state prison
• Victim 14 or older but under 18: 6, 8, or 10 years in state prison
• Victim under 14: 8, 10, or 12 years in state prison

4. Oral Copulation by Threat of Retaliation (§ 287(c)(3))

If the act is accomplished by threatening future retaliation, it’s punishable by 3, 6, or 8 years in state prison.

5. Oral Copulation in Concert (§ 287(d))

This involves participating in oral copulation with another person, either personally or by aiding and abetting. Penalties are more severe than for individual acts:

• Adult victim: 5, 7, or 9 years in state prison
• Victim 14 or older but under 18: 8, 10, or 12 years in state prison
• Victim under 14: 10, 12, or 14 years in state prison

6. Oral Copulation in Detention Facilities (§ 287(e))

This applies to acts committed in state prisons or local detention facilities, punishable by imprisonment in state prison or county jail for up to one year.

7. Oral Copulation with an Unconscious Person (§ 287(f))

This offense carries a penalty of 3, 6, or 8 years in state prison. “Unconscious” includes being asleep, unaware of the act, or unaware due to the perpetrator’s fraud.

8. Oral Copulation with a Mentally Disabled Person (§ 287(g))

If the victim is incapable of giving consent due to a mental disorder or developmental or physical disability, the penalty is 3, 6, or 8 years in state prison.

9. Oral Copulation by Intoxication (§ 287(i))

If the victim is prevented from resisting due to intoxication, and this condition was known or should have been known by the accused, the penalty is 3, 6, or 8 years in state prison.

10. Oral Copulation by Fraudulent Representation (§ 287(j))

If the victim submits under the belief that the perpetrator is someone they know, induced by artifice or pretense, the penalty is 3, 6, or 8 years in state prison.

11. Oral Copulation by Public Official (§ 287(k))

If the act is accomplished by threatening to use the authority of a public official, the penalty is 3, 6, or 8 years in state prison.

Penalties for Oral Copulation Offenses

As outlined above, penalties for oral copulation offenses in California can be severe, ranging from misdemeanor charges with county jail time to felonies carrying substantial state prison sentences.

The specific penalty depends on the circumstances of the offense, including:

• The ages of the victim and perpetrator
• Whether force or threats were used
• Whether the victim was incapacitated
• Whether the act was committed in concert with others

In addition to imprisonment, convictions may also result in fines and mandatory sex offender registration under Penal Code § 290.

Additional Consequences of an Oral Copulation Conviction

Beyond the criminal penalties, an oral copulation conviction can have far-reaching consequences:

1. Sex Offender Registration: Most convictions require lifetime registration as a sex offender.
2. Immigration Consequences: For non-citizens, a conviction could lead to deportation or inadmissibility.
3. Professional Licenses: A conviction could affect professional licenses or certifications.
4. Employment: Many employers conduct background checks, and a sex crime conviction could make it difficult to secure employment.
5. Housing: Some landlords may refuse to rent to individuals with sex offense convictions.
6. Personal Relationships: A conviction can strain personal and family relationships.
7. Civil Commitment: In some cases, a conviction could lead to civil commitment as a sexually violent predator after serving the prison term.

Legal Defenses for Oral Copulation Charges

If you’re facing oral copulation charges, several legal defenses may be available:

1. Consent

If both parties were adults capable of giving consent, and consent was freely given, this could be a strong defense. However, consent is not a defense if the victim was a minor or incapacitated.

2. Lack of Evidence

The prosecution must prove every element of the crime beyond a reasonable doubt. If there’s insufficient evidence, you should not be convicted.

3. False Accusation

Unfortunately, false accusations do occur. A skilled defense attorney can investigate the circumstances and potentially uncover evidence of a false accusation.

4. Mistake of Age

In some cases, if the defendant had a good faith and reasonable belief that the person was of age, this might be a defense. However, this defense is not available for lewd acts with children under 14.

5. Violation of Constitutional Rights

If your constitutional rights were violated during the arrest or investigation, it might be possible to have certain evidence suppressed.

The Legal Process for Oral Copulation Charges

Understanding the legal process can help you prepare for what’s ahead:

1. Arrest and Booking: You’re taken into custody, photographed, fingerprinted, and your personal information is recorded.
2. Arraignment: You appear in court to hear the charges and enter a plea.
3. Bail Hearing: The judge decides whether to grant bail and sets the amount.
4. Preliminary Hearing: For felony charges, the prosecution must show there’s enough evidence to proceed to trial.
5. Pretrial Motions: Your attorney may file motions to suppress evidence or dismiss the case.
6. Plea Bargaining: Sometimes, a plea deal may be negotiated in lieu of trial.
7. Trial: If the case goes to trial, both sides present evidence and arguments to a jury.
8. Verdict: The jury decides whether you’re guilty or not guilty.
9. Sentencing: If found guilty, the judge determines the sentence.

What Most People Don’t Know About Oral Copulation Charges

1. Gender Neutrality: The law applies regardless of the gender of the participants.
2. Spousal Rape: There is no exception for married couples; non-consensual acts between spouses can be prosecuted.
3. Mutual Acts: Even if both parties engaged in the act, if one was underage, the adult can be charged.
4. Mistake of Age: While it can be a defense in some cases, it’s not foolproof and doesn’t apply to acts with very young children.
5. Professional Purpose Fraud: Fraudulently claiming a professional purpose for the act (e.g., fake medical procedure) is specifically criminalized.
6. Public Official Impersonation: Threatening to use the authority of a public official to coerce the act is a specific offense, even if the perpetrator isn’t actually a public official.
7. Incarcerated Individuals: Special provisions apply to acts occurring in detention facilities, even if seemingly consensual.

Frequently Asked Questions

Can I be charged with oral copulation if it was consensual?

If both parties were adults capable of giving consent, consensual oral copulation is not a crime. However, consent is not a defense if the other person was a minor or incapacitated.

What if I didn’t know the person was underage?

Mistake of age can be a defense in some cases, but it must be a reasonable and good faith belief. It’s not a defense for acts with children under 14.

Can oral copulation charges be dropped if the alleged victim doesn’t want to press charges?

While the victim’s wishes are considered, the decision to press charges ultimately lies with the prosecutor.

How long does the prosecution have to file oral copulation charges?

The statute of limitations varies depending on the specific offense and the age of the victim. For many serious sex crimes, there is no statute of limitations.

Will I have to register as a sex offender if convicted?

Most oral copulation convictions require sex offender registration, often for life.

Why You Need an Experienced Sex Crimes Defense Attorney

Given the complexity of oral copulation laws and the severity of potential penalties, it’s crucial to have experienced legal representation. An experienced attorney can:

• Protect your constitutional rights throughout the process
• Conduct an independent investigation
• Identify and interview potential witnesses
• Challenge the prosecution’s evidence
• Negotiate with prosecutors for reduced charges or penalties
• Represent you effectively in court

When choosing an attorney, look for someone with specific experience defending against sex crime charges, a track record of success, and someone you feel comfortable discussing sensitive details with.

How The Nieves Law Firm Can Help

At The Nieves Law Firm, we understand the gravity of oral copulation charges and the impact they can have on your life. Our experienced criminal defense attorneys are committed to providing aggressive and strategic defense for our clients.

We offer:

• Free initial consultations
• On staff private investigator
• Multilingual services
• Emergency phone line
• A team approach to your defense
• Extensive experience in sex crime cases

We’ll investigate your case, challenge the evidence against you, and fight for the best possible outcome. Our goal is to protect your rights, your freedom, and your future.

Don’t face these serious charges alone. Contact The Nieves Law Firm today for a confidential consultation.