Any sex crime allegation is a serious offense. A sex crime can carry the potential for jail or prison time, mandatory registration as a sex offender, and the negative stigma of a sex crime conviction.
A criminal defense attorney can help defend your rights and secure a favorable outcome in your oral copulation case.
The sex crimes lawyers at The Law Offices of Kerry L. Armstrong, APLC, will review the facts of your case and help determine whether a valid legal defense applies.
What Is Oral Copulation with a Minor?
The California Penal Code criminalizes certain acts of oral copulation, meaning “the act of copulating the mouth of one person with the sexual organ or anus of another person.”
California prohibits oral copulation with a minor for individuals under 18 years old. The oral copulation definition in California does not consider whether the act was consensual.
Any act of oral copulation with a minor is prohibited, whether consensual or not.
Penalties for Oral Copulation
As with many sex crimes, California classifies oral copulation with a minor as a felony or a misdemeanor, depending on the circumstances and relative ages of the parties.
If the victim is under 14 years old and the defendant is more than 10 years older than the victim, oral copulation with a minor qualifies as a felony.
You can face a prison term of three, six, or eight years. If the victim is under 14 and oral copulation was accomplished against the victim’s will by use of force, violence, duress, menace, or threats of harm, the crime qualifies as a felony. You can face a prison term of eight, ten, or twelve years.
If the victim is fourteen or older and the oral copulation was accomplished by use of force, violence, duress, menace, or threats of harm, the crime qualifies as a felony.
You can face a prison term of six, eight, or ten years. If the victim is under 16 years old and the defendant is older than 21, oral copulation with a minor is a felony.
In other circumstances, oral copulation of a minor is a misdemeanor charge. For example, when the victim is 16 and the defendant is 18, oral copulation of a minor qualifies as a misdemeanor.
A misdemeanor carries the potential of up to one year in jail and a fine of up to $1,000.
California outlines other forms of oral copulation crimes in section 288 of the California Penal Code.
Whatever degree of offense you might be charged with, it’s crucial for you to retain a qualified sex crime lawyer. You have too much to lose by leaving things to chance.
Facing a Charge of Oral Copulation of a Minor in California?
If you are convicted of a sex crime, you run the risk of giving up basic rights and privileges, not to mention the chance of spending time in prison or registering as a sex offender.
The sex crimes attorneys at The Law Offices of Kerry L. Armstrong, APLC, have taken well over 100 criminal cases to jury trial and know what it takes to advocate for you.
When your freedom is at stake, you need someone with knowledge and experience representing the criminally accused. Contact our office online or call 619-598-1703 today to schedule your free initial consultation.