Oral Copulation With a Minor Laws in California – Penal Code 287 PC
What Is Oral Copulation With a Minor Under California Penal Code 287?
California Penal Code 287 PC makes it a crime to engage in oral copulation with anyone under the age of 18. This law applies even if the act was consensual and even if both participants were minors.
Oral copulation is defined as any contact between one person's mouth and another person's sex organs or anus. The law does not require penetration, ejaculation, or orgasm for the act to qualify as oral copulation.
Before January 1, 2019, this offense was codified under Penal Code 288a. The statute was renumbered to Penal Code 287 following the passage of California Senate Bill 1494.
The seriousness of a Penal Code 287 charge depends largely on:
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The ages of the individuals involved
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The age difference between the parties
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Whether the act involved force, violence, or fear
Because minors cannot legally consent to sexual activity under California law, a person may still be charged with oral copulation with a minor even if the act was mutually agreed upon.
Your best chance for a positive outcome outome in a sex-related case is with an experienced California criminal defense attorney at Esfandi Law Group. To schedule a free consultation, call (310) 274-6529 or contact us here.
Legal Definition of Oral Copulation
Under California law, oral copulation means contact between:
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A person's mouth and another person's genitals, or
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A person's mouth and another person's anus
The act qualifies as oral copulation regardless of whether:
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Penetration occurred
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Ejaculation occurred
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Either participant experienced sexual gratification
The key legal factor is the age of the participants and the circumstances surrounding the act.
In California, sexual consent is a clear, voluntary, and ongoing agreement to engage in sexual activity.
The sex crime statute of limitations determines how long prosecutors have to file criminal charges after an alleged offense occurs.
When Is Oral Copulation With a Minor Illegal?
Penal Code 287 prohibits oral copulation involving a minor in several circumstances.
A person can be charged with oral copulation with a minor:
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Even if the act was consensual
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Even if the minor initiated the act
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Even if the defendant is also under the age of 18
While prosecutors typically focus on cases involving adults and minors, the law technically applies to minors engaging in sexual activity with other minors.
The severity of the charges is primarily determined by:
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The age of the victim
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The age difference between the parties
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Whether force or coercion was involved
Penalties for Oral Copulation With a Minor
Penal Code 287 is commonly referred to as a “wobbler” offense, meaning prosecutors may file the case as either a misdemeanor or a felony depending on the facts.
Misdemeanor Penalties
In some cases involving smaller age differences, the offense may be charged as a misdemeanor.
Possible penalties include:
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Up to one year in county jail
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Probation
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Fines and court fees
Felony Penalties
If the age difference between the defendant and the minor is significant, the offense may be charged as a felony.
Possible felony penalties include:
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Up to three years in state prison
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Formal felony probation in some cases
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Significant fines
Victim Under 14 With a Large Age Difference
If the victim was under the age of 14 and the defendant was more than ten years older, the offense is charged as a felony.
Possible penalties include:
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Up to eight years in state prison
Oral Copulation by Force, Violence, or Fear
If oral copulation occurs through force, violence, duress, or fear, the penalties increase substantially.
Possible penalties include:
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Up to twelve years in prison
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Longer sentences if the victim suffers bodily injury
Sex Offender Registration Requirements
Oral copulation with a minor is classified as a sex offense under California law. A conviction may require registration as a sex offender under Penal Code 290.
Registration typically requires the defendant to:
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Register with local law enforcement
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Update registration annually
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Update their address if they move
Failure to register as required may lead to separate criminal charges.
The length of registration depends on the classification of the offense under California's tiered sex offender registry system. Penal Code 290 covers the offense of failure to register.
Tier 1 Registration
Some misdemeanor convictions may require registration for at least 10 years.
Tier 2 Registration
Certain felony convictions involving minors may require registration for at least 20 years.
Tier 3 Registration
Serious offenses involving force or coercion may require lifetime registration.
Related California Sex Crimes
Several other criminal offenses may be charged in addition to or instead of Penal Code 287.
Penal Code 288 – Lewd Acts With a Minor
This offense involves touching a child’s body for sexual gratification. Prosecutors often charge this crime in cases involving sexual conduct with minors.
Penal Code 261.5 – Statutory Rape
Statutory rape occurs when an adult engages in sexual intercourse with a person under 18 years old. California does not have a Romeo and Juliet law.
Incest in California involves two closely related individuals, aged 14 or older, who marry or have sexual intercourse. Consent is not a valid defense, and both parties can be legally charged.
Under California Penal Code Section 261.5, adults may still be charged with statutory rape for having sexual intercourse with someone under 18, even if the minor lied about their age and the encounter was consensual.
Penal Code 647.6 – Annoying or Molesting a Child
This law prohibits conduct motivated by sexual interest in a minor, even if no physical sexual act occurs.
Penal Code 314 – Indecent Exposure
Indecent exposure involves intentionally exposing one's genitals in public in a manner likely to offend others.
Frequently Asked Questions
Is oral copulation with a minor always a felony?
No. Some cases may be charged as misdemeanors depending on the ages of the individuals involved and the age difference between them.
Can someone be charged even if the minor consented?
Yes. Under California law, minors cannot legally consent to sexual activity with adults.
Can a minor be charged under Penal Code 287?
Yes. The law technically applies to minors as well, although prosecutors rarely pursue charges against teenagers engaged in consensual activity.
Is sex offender registration required after a conviction?
Many convictions require sex offender registration under Penal Code 290. The duration depends on the seriousness of the offense.
Defenses to Penal Code 287 Charges
People accused of oral copulation with a minor may have several possible legal defenses depending on the circumstances.
Lack of Evidence
Some cases rely heavily on accusations without physical evidence. If prosecutors cannot prove the elements of the offense beyond a reasonable doubt, the charges may be dismissed.
False Accusations
False allegations can occur for many reasons, including misunderstandings, personal disputes, or attempts to gain leverage in family conflicts.
Defense attorneys may investigate the credibility of the accusations and examine inconsistencies in witness statements.
Reasonable Belief the Person Was Over 18
In some cases, a defendant may have reasonably believed the other person was an adult.
Evidence supporting this defense may include:
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The alleged victim stated they were over 18
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The person presenting identification
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The person's appearance suggested they were an adult
Esfandi Law Group is here to help. Schedule your free consultation at (310) 274-6529 or use the contact form here.