Oral copulation is oral sex involving contact between an individual's mouth and another person's anus or genitals. Oral copulation between consenting adults is not an offense. However, it is a crime if performed in public, if a minor is involved, or if you used force or fear to perform the conduct. Prosecutors and judges in California treat PC 287 criminal charges as high-profile, and the repercussions of a conviction go beyond serving time. A qualified sex crime defense attorney can work aggressively to fight for your freedom and rights.
Defining Oral Copulation
Oral copulation is also called oral sex. It is the sexual contact between a person's mouth and somebody else's anus or genitals.
Sexual contact is lawful when consenting adults do it in private. However, it becomes a crime when you do it:
- Without the permission or against the other person’s will
- In public
- With a child
Previously, oral copulation was banned by PC 288a instead of PC 287. That changed in 2019 when the legislature renumbered PC 288a to PC 287. The law's definition and the crime's penalties remained the same. The legislature made the change to prevent confusion with the offense of lascivious conduct with a minor below 14 under PC 288a.
Forcible Oral Copulation
According to PC 287, forcible oral copulation is:
- Making contact between the mouth of an individual and the anus or sexual organ of somebody else (penetration is not a must)
- Without the other party's consent
- Via the application of violence, duress, force, threats to retaliate against a person, or fear of illegal and immediate bodily injuries
In other words, forcible oral copulation is oral sex rape.
Threats to retaliate include threats to kidnap, illegally confine or restrain, or inflict severe bodily injury, extreme pain, or death.
The prosecutor can also charge you with PC 287 for orally copulating with an individual who cannot lawfully consent because any of the following is true:
- They are too drunk to resist
- They live with a physical or developmental disability or a mental health disease.
- They do not know the consequences of the conduct
Oral Copulation with a Child
In California, it is an offense to participate in oral copulation with a child below 18 years. It is an offense regardless of whether the juvenile is willing to participate or even initiates the sexual conduct.
Oral Copulation in Public
It is an offense to engage in oral copulation in public. Provided that the oral copulation is performed by consenting adults, it is the least severe form of offense that oral copulation can result in.
Romeo and Juliet Law
According to this Law, it is not necessarily an offense to engage in sex with a child. Thanks to a close-age exemption that permits young adults to examine their sexuality with one another with consent.
Juveniles within the state can lawfully have sex, provided they are married. Children cannot lawfully marry in the Golden State without a court order.
The lawful age of consent in the state is 18. Age of consent is the age at which an individual can lawfully consent to having sex. Therefore, it is a crime for an eighteen-year-old to perform oral copulation with a seventeen-year-old, even if their ages are close. Additionally, it would be illegal for a sixteen-year-old to participate in oral copulation with a fifteen-year-old, although they are minors.
A conviction involving a minor and fear or force attracts a long incarceration duration:
- Six, eight, ten years if the minor was at least fourteen
- Eight, ten, or twelve years if the child was below 14
- A sex offender registration requirement
Criminal Penalties
The criminal penalties and repercussions for unlawful oral copulation hinge on the crime and how you committed the crime.
Oral copulation by fear or force is a felony that is punishable by a ten-thousand-dollar fine and three, six, or eight years in California state prison. The court might grant formal probation if the victim was disabled. Felony probation is unavailable if you applied fear or force if the victim was intoxicated or unconscious.
The penalties for forced copulation increase when you perform it with more than one individual (in concert), regardless of whether you participated or aided somebody else. The potential prison sentences for forcible oral copulation are as follows:
- Five, seven, or nine years if your alleged victim is not a child
- Eight, ten, or twelve years if the alleged victim was between fourteen and seventeen
- Ten, twelve, or fourteen years if the alleged victim was below 14
If you violated PC 287 with a child, the state prison you serve will depend mainly on the age difference between the involved parties.
If the victim was below fourteen and you were older than the alleged victim by ten years, your conviction attracts three, six, or eight years.
If the alleged victim was under 16 and the defendant was over 21, the accused would spend 16 months, 2 years, or 3 years in prison.
If the alleged victim was over sixteen or you were not older than twenty-one, the crime is a California "wobbler." A wobbler is a crime that the prosecutor charges as either a felony or a misdemeanor, depending on the case facts and your criminal history. A felony is punishable by sixteen months, two years, or three years in prison. On the other hand, a misdemeanor conviction may carry up to one year in county jail.
Typically, oral copulation in public is a misdemeanor. The prosecutor can also charge it as follows:
- Indecent exposure per PC 314, which attracts a year in county jail
- Lascivious conduct in public per PC 647a, punishable by a year in county jail
How to Fight PC 287 Criminal Charges
Your criminal defense attorney will gather evidence and review the facts of your case to develop the most effective legal strategy. Here are some of the common defenses:
You Had Good Faith that the Victim was not a Minor
You can legally argue that you were unaware the victim was a juvenile during the commission of the crime. The defense only applies when you are charged with violation of PC 287 against a minor. Mistake of age is not an effective and viable defense strategy if the prosecutor has filed PC 287 with a child below fourteen charges against you.
Before the judge can sentence the defendant, the prosecutor should establish that the defendant did not believe the other party was over 18. The accused cannot be convicted if the prosecutor cannot satisfy this burden of proof. Here is proof that could reinforce the argument that the accused thought the victim was above 18:
- The setting or place where the accused met the victim
- Whether the victim told the defendant they were above 18
- The victim's appearance
For instance, it is a valid defense for the accused to argue that they met the victim at a restaurant while drinking alcohol.
The Defendant Did not Engage in Oral Copulation
A defense lawyer can argue that you are a victim of false accusations of PC 287 with a juvenile.
PC 287 defines oral copulation as contact between an individual's mouth and the anus or sexual organ of somebody else, irrespective of how slight. Consequently, it is a defense if the offense did not happen or if somebody else committed the criminal conduct.
To utilize this legal defense, your legal counsel can cast doubts that you violated the law by criticizing the victim's credibility and presenting evidence that shows you could not have violated the law during the time you allegedly broke it.
Consent as Your Legal Defense
You cannot use consent as a legal strategy if you are charged with oral copulation committed against a minor.
Nevertheless, if you face forcible oral copulation charges, you and your attorney can use permission as your defense. The defense is applicable if the victim was lawfully able to give consent.
If you reasonably and actually thought the alleged victim gave consent, you might have a viable defense to the PC 287 criminal charge. It is the prosecutor's burden of proof to demonstrate that the defendant did not reasonably and actually think the individual gave permission. The judge cannot convict the accused if the prosecutor cannot satisfy the burden.
Debunking Misconceptions about PC 287 Defenses
Most individuals believe they can use a previous history between the involved individuals in the unlawful conduct or other case facts as defenses. However, that is false. The following are some of the common myths:
- Proof of the relationship between the parties — The fact that the defendant and the victim are married or dating during the commission of the offense does not grant consent. Every party should give permission for the conduct during and before the conduct.
- The victim was above 18 and previously consented — If the defendant is facing PC 287 charges and the victim was an adult, the accused cannot claim that the victim changed their mind during their conduct. You should have permission throughout the act. You could be found guilty if you failed to halt when the victim told you to.
- There was no sexual penetration — Penetration is not a case fact of violation of PC 287 that the prosecutor should prove before the court may convict you. Consequently, the fact that there was no penetration involved is not a defense strategy to PC 287 criminal charges.
- You were a minor during the commission of the offense — Many individuals do not believe that a child can be prosecuted for breaking PC 287 because the law can consider them a victim. Nonetheless, that is false. The court could convict a minor if the prosecutor could establish that the juvenile understood their conduct was wrong.
Sex Offender Registration
If you are convicted of oral copulation, you can be classified as Tier I, II, or III depending on the severity of the crime.
If you are charged with indecent exposure, you become a Tier I sex offender, which requires ten years on the registry.
Oral copulation with a person with a mental disorder or developmental or physical disability requires tier two sex offender registration. You should register for 20 years.
If you are convicted of oral copulation by force, you should register as Tier III, which requires lifetime registration.
Sex offender registration means you keep law enforcement agencies informed regarding your whereabouts, provided you work, attend, or reside in the state.
Here are sex offender registration requirements:
- Initial registration— To meet the initial reporting requirements, you should register your address with the police within five days of your release from police custody, discharge from a mental health facility or hospital, or sentence.
- Moving— Within five working days of moving into another county or city, you should register in person at the sheriff's office or police department. If you live in more than one place, you should report all addresses.
- Transient—If you do not have a permanent residence, you should inform the police of the place in which you are present for more than thirty days.
If you are classified as a Tier II or I, Senate Bill 384 permits you to bring a petition to terminate your registration after completing the minimum compulsory registration duration. If the court grants your petition, you could be removed from the sex offender registry. Additionally, the court could remove your personal details from publicly accessible databases, including the Megan's Law website.
You should submit your petition to terminate sex offender registration requirements to the law enforcement authority, the prosecuting agency, and the relevant superior court. Police officers have two months to report their suggestions to the district attorney. The district attorney should request a hearing within sixty days to challenge your petition based on the fact that terminating registration would affect public safety.
You should file your petition after or on your first birthday after your minimum registration period expires.
If the court rejects your termination petition, it will inform you when you can reapply for removal from the sex offender registry.
Find a Skilled Sex Crime Defense Lawyer Near Me
Judges and prosecutors in California take oral copulation allegations seriously. You risk facing severe and criminal penalties, and public stigma and humiliation can be devastating. With so much at stake, you need experienced legal representation. You can start by contacting the Long Beach Criminal Attorney at 562-308-7807.
We can review your case, help you understand the charges against you and the potential penalties, answer your questions, represent you before the judge, and develop the most effective legal defense strategy. Our approaches to fighting your criminal charges are tenacity, discretion, and individualized representation.