California Penal Code 287 PC

PC 287 – Oral Copulation With A Minor

PC 287 - Oral Copulation With A Minor

Oral Copulation With A Minor – Table of Contents

PC 287 – Overview

The California Penal Code Section 287 PC makes oral copulation with a minor a criminal offense. A minor, in this case, represents anyone under the age of 18. This law was formerly held under California Penal Code 288a PC but was changed to Penal Code 287 PC according to the California Senate Bill 1494.

In California, oral copulation is defined as any contact, no matter how small, between an individual’s mouth and someone else’s anus or sexual organs. Thus this crime can be accomplished if an adult, meaning anyone over 18, performs oral sex on or receives it from a minor. This statute can also be used to press charges where both parties are minors. However, the case will usually be tried in the California juvenile court system, and the prosecutor will have to prove that the defendant was aware the sexual activity they were undertaking was wrong.

The California Penal Code 287 PC statute also applies if force, threat, or duress was used to compel oral copulation with a minor, and it carries harsher penalties.

PC 287 – Sentencing

The type of sentencing one will receive for oral copulation of a minor in violation of California Penal Code 287 PC will heavily depend on the circumstances of the case.

For a case where the minor is 16 or over, the case is treated as a wobbler. Thus, it can be charged as either a felony or a misdemeanor. If convicted as a misdemeanor, the defendant could be sentenced to:

  • A maximum of one year in jail
  • A fine of up to $1000
  • Tier I sex offender registration for 10 years (the demand for this registration will be at the judge’s discretion.)

If the defendant is over 21 and the minor under 16 years. The case will automatically be charged as a felony, and the defendant could be sentenced to:

  • 16 months, 2 years, or 3 years in jail
  • A maximum of $10,000 in fines
  • Tier I sex offender registration for 10 years (the demand for this registration will be at the judge’s discretion.)

If the defendant was accused of oral copulation with a minor under 14 years. The penalties get harsher. In this case, the accused could end up with:

  • 3 years, 6 years, or 8 years in jail
  • A maximum of $10,000 in fines
  • Tier II sex offender registration for 20 years

The charges get even stricter if the defendant used force, violence, duress, menace, or fear of immediate and unlawful bodily injury to accomplish oral copulation with a minor.

If the minor was 14, or older, the defendant could be facing

  • Up to 10 years in prison
  • A maximum of $10,000 in fines
  • Tier III sex offender registration for life

The penalties are even worse if the minor was under 14 and the defendant used force. The defendant could be looking at 12 years in prison, fines, and a tier III sex offender registration for life.

Kindly note that the California Penal Code 287 PC does require sex offender registration for most of its convictions. However, if the minor is over 14 years and the accused is less than 10 years older than the victim, then a judge may choose to forego registering the defendant as a sex offender.

PC 287 – Prosecution

For the defendant to get convicted under California Penal Code 287 PC, the prosecutor will have to prove without a reasonable doubt the following elements:

The defendant participated in oral copulation with another person

The other party in this situation was below 18 when the act was committed.

Remember, to be prosecuted under this statute actual penetration or ejaculation is not necessary. Plus, whether the minor consented to the act of oral copulation is irrelevant. Since the age of legal consent in California is 18 years, anyone under this age cannot legally consent to the act of oral copulation.

PC 287 – Defenses

When facing charges in violation of Penal Code 287 PC, there are several defenses a criminal defense lawyer can use that would successfully work in court. Some examples include:

The defendant had reason to believe the defendant was over 18. For example, if the victim explicitly claimed they were 18, their appearance was convincing, or you found them in a bar where proof of age was required.
The defendant was falsely accused. If the accusations against are due to a misunderstanding, perhaps you were mistaken for someone or the victim has malicious intent against you. Then a criminal defense attorney may denounce charges under PC 287.

Oral Copulation with a Minor – Hire Us

Getting convicted under California Penal Code 287 PC carries some very harsh penalties that could haunt you for the rest of your life. Thus you must hire a reliable lawyer like Seppi Esfandi to handle your case. Esfandi can confidently and aggressively help you argue your case to ensure you get the best outcome possible. For more information on oral copulation with a minor, do not hesitate to contact the Esfandi Law Firm.

Need a Criminal Defense Attorney? CALL NOW: 310-274-6529

Seppi Esfandi is an Expert Criminal Defense Attorney who has over 20 years of practice defending a variety of criminal cases.

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