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Oral Copulation Crimes (PC 287)
Law & Punishment
In short, oral copulation is defined as any contact, no matter how slight, between the mouth of one person and the penis, vagina, or anus of another person.
There are several varieties of oral copulation criminal charges depending on the circumstances of the case. For example, oral copulation by force is charged under PC 287(c)(2)(A), whereas oral copulation of an intoxicated victim is charged under PC 287(j).
To prove the crime of oral copulation, the district attorney will need to prove that the defendant:
Committed an act of oral copulation with another person, and
The other person did not consent, or could not legally consent (minors, unconscious persons, and incompetent persons)
PC 287 Punishment
Oral copulation crimes are usually charged as felonies. Only two oral copulation crimes may be charged as either a felony, or alternatively as misdemeanor. These two charges are oral copulation with a person under eighteen but older than fifteen (15) (PC 287a(b)(1)), and oral copulation while in jail (PC 287a(e).
PC 287(b)(1): Oral copulation with a person under the age of eighteen (18): Felony crime punishable by up to three years in prison.
Note: PC 287(b)(1) May be charged as a misdemeanor if no force was used. Misdemeanor PC 287a(b)(1) is punishable by up to one (1) year in jail.
PC 287(b)(2): Oral copulation with a person under the age of sixteen (16): Felony crime punishable by up to three years in prison.
PC 287(c)(1): Oral copulation with a person under the age of fourteen (14): Felony crime punishable by up to eight (8) years in prison.
PC 287(c)(2)(A): Oral copulation by force on an adult: Felony crime punishable by up to eight (8) years in prison.
PC 287(c)(2)(B): Oral copulation with a child under fourteen (14) by force: Felony crime punishable by up to twelve (12) years in prison.
PC 287(c)(2)(C): Oral copulation by force on a child between the ages of fourteen and seventeen (14-17): Felony crime punishable by up to ten (10) years in prison.
PC 287(f): Oral copulation of an unconscious person: Felony crime punishable by up to eight (8) years in prison.
PC 287(i): Oral copulation of intoxicated person: Felony crime punishable by up to eight (8) years in prison.
Probation Sentence: A probation sentence is period of supervision instead of prison. Most oral copulation crimes are ineligible for a probation sentence.
Sex offender registration: All oral copulation convictions require the defendant to register as a sex offender pursuant to California's sex offender registration law (Penal Code 290). For more information, see Sex Offender Registration Requirements & CA Tier System for Sex Offenders.
Additional Punishments: All PC 287 crimes are subject to fines, victim restitution, criminal restraining orders (protective orders), loss of immigration status, loss of professional license, loss of military service options, civil lawsuits, long parole sentences, and more.
PC 287 Defenses
Defenses to oral copulation crimes are as varied as the charges themselves. Only after a review of the evidence can a determination be made as to what defense is applicable in any case. Below is a list of common defenses related to PC 287 crimes.
Consent: Consent is a defense to many, but not all, oral copulation crimes. Minors, intoxicated persons, inmates in jail, and unconscious persons cannot consent to oral copulation.
Also, if a person who is eighteen (18) or older did not consent to oral copulation, but the defendant reasonably and honestly believed that the alleged victim did consent to oral copulation, then the defendant is entitled to a finding of not guilty.
Note: Evidence that the alleged victim requested or suggested a condom or other protection does not, by itself, equal consent. Consent is usually implied from surrounding circumstances.
Mistake of Fact: If the defendant reasonably and honestly believed that the alleged victim consented, or that the alleged victim was an adult, the defendant may be entitled to a finding of not guilty.
Other defenses to PC 287 charges include, coerced confessions, statute of limitations, illegal search and seizure of evidence, insufficient or unreliable evidence, and more.
Note: Evidence that the defendant was married to, or dating, the alleged victim, is not a defense to PC 287 crimes.
If you are charged with the crime of oral copulation, or pc 287, contact our sex crimes criminal defense lawyers today for a free consultation. We have helped hundreds of clients charged with misdemeanor and felony sex crimes in the Inland Empire, including criminal charges of oral copulation. We can help you too. Call today.