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Information on the crime of sodomy with a person under eighteen (18) years of age is found at California penal code § 286(b)(1). This article covers the law, punishment, and common defenses related to PC 286(b)(1). For additional information, contact our sex crimes criminal defense attorneys. Note: Sodomy is the legal name for anal intercourse (medical term), or anal sex (neutral slang term). The word sodomy is Biblical in origin and opponents of the use of the word “sodomy” as a legal definition for anal intercourse indicate that the word inaccurately refers to sinful conduct (city of ancient and sinful city of Sodom). Thus, the medical term for sodomy, “anal intercourse,” is preferred. To that end, the term sodomy will be used throughout when referring to the law, but examples in this article will include the preferred and synonymous terms “anal intercourse,” and “anal sex.” PC 286(b)(1) Law …any person who participates in an act of sodomy with another person who is under 18 years of age is guilty of sodomy of a minor (PC 286(b)(1) Sodomy Defined: Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy (PC 286(a)). Sodomy can only be committed by a man; however, the victim of PC 286(b)(1) can be a man or a woman. Also, full penetration of a man’s penis into the anus of a minor is not required for prosecution under PC 286(b)(1). Evidence of mere touching between the anal area and the defendant’s penis is sufficient sexual contact to charge PC 286(b)(1) allegations. Example: Jack and Jill are in a dating relationship. Jack is twenty-one (21) years old, and Jill is seventeen (17) years old. During a night of passion, Jack attempts to have anal sex with Jill. Jill agrees to the anal intercourse, but when Jack begins to press his penis against Jill’s anus Jill become scared that anal sex will hurt her, and she does not want to follow through with have anal sex. Jack ceases his attempt to have anal sex with Jill. Result: Jack has committed the crime of sodomy with a minor. This is true even though Jack never penetrated Jill anus because the mere touching of Jill anus with Jack’s penis is sufficient for PC 286(b)(1) charges. In the above example, it does not matter that Jill agrees to have anal intercourse with Jack. This is because Jill is legally too young to consent (agree) to anal intercourse. In California, the legal age of consent to sexual conduct is eighteen (18). The age of consent rule does not apply to person who are legally married and engage in consensual anal sex. Example: Jack and John are legally married in a state where the legal age for marriage is sixteen (16). Jack is twenty (20) years old, and John is seventeen (17) years old. Jack and John move to California and engage in consensual anal intercourse. Result: John is not guilty of sodomy of a minor because Jack and John are legally married and the age of consent prohibition against anal sex does not apply to legally married couples. PC 286(b)(1) Punishments Classification of Crime: Sodomy with a person under the age of eighteen (18) is a “wobbler” offense in California. A “wobbler” offense is any crime that may be charged either as a misdemeanor, or alternatively as a felony. Thus, the crime “wobbles” between two classifications. Felony PC 286(b)(1) Incarceration: When sodomy with a person under eighteen (18) years of age is charged as a felony, the defendant may face up to sixteen (16) months, two (2) years, or three (3) years in a California state prison. A probation sentence without incarceration may be available after a PC 286(b)(1) conviction in some cases (See PC 286(b)(1) Probation Sentence). Length of Prison Options: The length of prison chosen by the sentencing judge (sixteen (16) months, two (2) years, or three (3) years) depends on many factors, including the relationship between the minor and the defendant, the harm caused to the minor, the level of sophistication used to commit the offense, the level of maturity of the minor, the defendant’s criminal history, the desire for prosecution by the minor or the minor’s parents, the terms of any negotiated plea bargain between the defendant and the district attorney, and more. Prison Presumptive: If the defendant is convicted of sodomy with a person under eighteen (18) years of age (a minor), then the judge must sentence the defendant to either a probation sentence (See PC 286(b)(1) Probation Sentence), or a prison sentence. The court may not sentence the defendant to serve time in a local county jail unless the defendant is granted probation. Example: Bill is convicted of a felony PC 286(b)(1). The court finds good cause to grant Bill a probation sentence, as opposed to a prison sentence; however, the court orders Bill to serve a county jail sentence of three (3) months as a “term of probation.” In this example, Bill may serve time in a local county jail because the judge granted him probation; however, if the judge did not grant Bill a probation sentence, then Bill must serve no less than sixteen (16) months in a California state prison. Split & Suspended Sentence: No “split” or “suspended” prison sentence is allowed after a PC 286(b)(1) conviction. A “split” prison sentence is a prison sentence that is split between in-custody and out-of-custody (on work release). A “suspended” prison sentence is a prison sentence that is not actually served unless the defendant violates a term of his probation sentence (PC 1170(h)). Misdemeanor PC 286(b)(1) Jail: If found guilty of misdemeanor sodomy of a minor, the defendant may face up to a one-year county jail sentence. PC 286(b)(1) Probation Sentence: A probation sentence is a period of supervision, as opposed to a prison sentence or a jail sentence. A probation sentence is allowed in both felony and misdemeanor cases of PC 286(b)(1), but in felony PC 286(b)(1) cases, the judge must find “special” circumstances that justify a probation sentence. The criteria of “special” circumstances is not required before the granting of a probation sentence in misdemeanor PC 286(b)(1) cases. Special Circumstances for Probation: As stated, the defendant may be granted a probation sentence after a felony conviction of sodomy with a minor, but only if the judge finds “special” circumstances exist in the case to justify a probation sentence. “Special” circumstances include, but are not limited to, the following: The lack of significant criminal history for the defendant, The lack of physical harm to the minor, The otherwise positive relationship between minor and defendant, The lack of desire for prosecution by the minor, A showing of remorse by the defendant, The ability, and likelihood, of the defendant to obey conditions of probation, The maturity level of the victim, and more. Probation Conditions: If the defendant is granted a probation sentence in any penal code 286(b)(1) case, the “conditions of probation” will include criminal protective orders against the defendant and in favor of the minor, restitution to the minor (for financial loss, if any), the payment of court fines and fees, the obligation to remain free from new criminal violations (misdemeanor or felony violations), and more. A violation of the condition of probation may result in the defendant being sentenced to prison. Note: A felony probation sentence is supervised by a felony probation officer. The felony probation officer will make “conditions of probation” that best fits the needs of protecting the community as well as punishing the defendant. A misdemeanor probation sentence is monitored by the court (informal probation), and there is generally no need to continue to check in with a probation officer. Work Release: If the defendant is granted a probation sentence in any PC 286(b)(1) cases, there is a good chance that the judge will include a jail sentence as a “term of probation.” However, unless otherwise stated, this jail sentence may usually be served alternatively on work release or house arrest, as opposed to being served in actual confinement. Good Conduct Credits: Incarceration for either felony or misdemeanor violations of sodomy against a minor may be reduced by up to fifty percent (50%) if the defendant conducts himself with good behavior while in custody. Example: Sam is convicted of having anal sex with a minor, a felony (PC 286(b)(1)). Sam is sentenced to prison for the low term of sixteen (16) months. While in prison, Sam conducts himself with “good behavior.” Result: Sam’s prison sentence will be reduced to eight (8) months due to his “good conduct” while in prison (PC 4019). Sex Offender Registration: Both felony and misdemeanor violations of PC 286(b)(1) require sex offender registration pursuant to penal code 290 (exception for PC 286(b)(1) and (b)(2) where the defendant and the sodomy victim are less than ten (10) years difference in age (PC 290(c)(3)). The length of sex offender registration is generally ten (10) years form the date of release from custody in misdemeanor PC 286(b)(1) cases [Tier One], and twenty (20) years from the date of release from custody in felony PC 286(b)(1) cases [Tier Two]. This length of time may be extended under certain conditions. For more information on sex offender registration related to sodomy with a victim eighteen (18) years of age or under, see PC 290 Requirements, Tier System for CA Sex Crimes, & Petition to Terminate Sex Offender Registration. Three Strikes Application: Sodomy with a person under the age of eighteen (18) is not a “strike” offense under California’s Three Strikes Sentencing Law. Additionally, penal code 286(b)(1) is not considered a “serious” or “violent” offense, as those terms are used in the California penal code at 1192.7 and 667.5, respectively. As a non-strike offense, multiple convictions of PC 286(b)(1) may be served concurrently. Example: David is convicted of three (3) felony counts of penal code 286(b)(1). David is sentenced to the “presumptive” prison term of two (2) years for each count (i.e., count 1 = 2 years; count 2 = 2 years, and count 3 = 2 years). The judge has discretion to order the defendant to serve the prison sentence related to each count “concurrently,” so that David serves no more than two (2) years in prison for all three counts. Note: In the above example, the judge has other sentencing options that may extend the length of prison for David, but the judge will not sentence David to “consecutive” sentencing. Sentencing options for PC 286(b)(1) crimes can be complex. For more information on PC 286(b)(1) sentencing options, contact our sex crimes criminal defense attorneys. State Restitution Fine: In addition to any punishment after a conviction for sodomy with a minor, the judge may assess a fine not to exceed seventy dollars ($70) against the defendant, with the proceeds of the fine to be paid to the State Restitution Fund. The court will take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine (PC 286(m)). Additional Punishments: In addition to the punishments listed above, if found guilty of PC 286(b)(1), the defendant may face additional direct and indirect penalties and consequences, including the loss of a professional license, the loss of immigration status (deportation from the U.S.), the loss of military status (discharge from the military), the impeachment of defendant’s credibility in future legal cases, the loss of firearm rights (felony cases), the loss of family law rights to adopt, the loss of residency options, and more. PC 286(b)(1) Defenses Common defense to a charge of unlawful sodomy with a minor include insufficient evidence to prove the element of PC 286(b)(1), reasonable mistake of victim’s age (See Reasonable Mistake of Age), statute of limitations, coerced confessions, illegal search and seizure, impeachment of scientific evidence or witness credibility, failure to properly and timely Mirandize defendant before confession or statement against interest, jury nullification, and more. Defense of Consent: The defense of consent is not available in sodomy against a minor under eighteen (18) years of age. This is because a minor is not legally capable of consenting to anal sex in California, unless the minor is legally married to the defendant before the act of anal sex occurred. Therefore, even if the minor “agrees” to anal sex, that agreement is not valid in California. Reasonable Mistake of Age: It is a defense to a charge of PC 286(b)(1) if the defense can show that he was reasonably mistaken as the age of the minor and he believed that the minor was eighteen (18) years or older before he engaged in non-forceable anal intercourse with the minor. Example: Gary meets Veronica at a party. Gary is twenty (20) years old, and Veronica is seventeen (17) years old. Veronica misrepresents her age to Gary at the party and she tells him that she is eighteen (18). Gary believes Veronica is eighteen (18) based on her maturity level and her statement to the same. After a short dating period, and while Gary is still under the reasonable impression that Veronica is eighteen (18) years of age, Gary and Veronica engage in non-forceable anal sex. Result: Gary has a valid defense to a criminal charge of sodomy with a minor because he reasonably and honestly believed that Veronica was at least eighteen (18) years of age before he engaged in anal sex with Veronica. Reclassification of Crime: A defendant may request that his felony sodomy charges be reduced to misdemeanor charges in PC 286(b)(1) cases. The defendant may request this reclassification over the district attorney’s objection. A reclassification from a felony to a misdemeanor violation is proper where the interest of justice is best served for the reduction of the crime’s classification. Example: Jeff is charged with a felony violation of sodomy with a minor under eighteen (18) years of age. In his effort to convince the judge that his felony charge should be reduced to a misdemeanor charge, Jeff asserts to the court that he has no criminal history, the age of the victim is near the age of consent, there is no physical harm caused to the minor, the minor and the defendant were in a dating relationship, and the minor does not desire prosecution. Under these facts, the judge may use his or her discretion to reclassify the felony charge to a misdemeanor charge (PC 17(b)). For more information on the crime of sodomy with a minor under the age of eighteen (18) years of age, or California penal code 286(b)(1), contact our sex crimes criminal defense attorneys today for a free consultation. Our award-winning criminal defense trial attorneys have successfully helped hundreds of criminal defendants in the I.E. Our team of dedicated sex crimes criminal defense attorney handled all misdemeanor and felony violations of child molestation, lewd and lascivious act upon a child with force (PC 288(b)(1)), oral copulation, sexual penetration, prostitution, pandering, possession of child pornography, indecent exposure, rape by force or fear, sexual battery, continuous sexual abuse of a child (PC 288.5), and more. Call today! 909-913-3138 Related Articles (2025) Penal Code 288(a) Defense Penal Code 288.7 Defense Penal Code 266 Law & Defense PC 286(b)(1) Sodomy with Person Under Eighteen (18): Law, Punishment, & Defense

In California, the crime of sexual penetration upon a child under fourteen (14) years of age, is charged under California penal code section 289(j). This article covers the law, the punishments, and the common defenses found in PC 289(j) cases. For more information, contact our sex crimes criminal defense attorneys today for a free consultation. PC 289(j) Law Any person who participates in an act of sexual penetration upon a child, who is under fourteen (14) years of age, and who is more than 10 years younger than he or she, is guilty of sexual penetration by object upon a child under 14 (PC 289(j) Abbrev.). Per PC 289(j), the defendant must be at least ten years older than the victim for the law to apply. This does not mean that the defendant who sexually penetrates a child, and who is within ten (10) years age difference from the victim, is not guilty of a crime. It just means that a law, other than PC 289(j), might apply, such as sexual penetration by object of minor under eighteen (PC 289(h)). Sexual Penetration Defined: “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object (PC 289(k)(1)). Foreign Object Defined: A “Foreign object,” is any substance, instrument, or device, including any part of the body, except a sexual organ (PC 289(k)(2)). Unknown Object Defined: An “Unknown object” includes any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body (PC 289(k)(3)). Note: Sexual penetration is usually charged when the victim is unsure what sexually penetrated him or her (i.e., finger, penis, object, etc.). When the victim is aware that the object that penetrated him or her, the defendant is charged with either rape (vaginal penetration by a man’s penis), or sodomy (anal penetration by a man’s penis). Force Not Required: The crime of sexual penetration by foreign object upon a child under fourteen (14) does not require that force or fear is used against the child. The crime of PC 289(j) is complete even if the child appears to consent to the sexual penetration. This is because a child under fourteen (14) can not consent to sexual activity. Note: When force or fear is used to accomplish sexual penetration of a child under fourteen (14), then the criminal charge will be filed under PC 289(a)(1)(B) , a much more serious and violent offense with longer prisons sentence exposure. PC 289(j) Punishment Prison Sentence: PC 289(j) is classified as a serious and violent felony (PC 1192.7 & 667.5). If found guilty of sexual penetration by foreign object upon a child under fourteen (14) years of age, the defendant may face up to three (3), six (6), or eight (8) years in a California state prison. Whether the court orders a three (3), six (6), or (8) year prison term after a conviction for penal code 289(j) depends on the facts and circumstances of the case. The factors the court determines in selecting the appropriate prison sentence include the defendant’s criminal history, the relationship between the child and the defendant, the level of sophistication used in the offense, the harm cause to the child, the desire for prosecution by the child or the child’s parents or guardians, and more. Predetermined Sentence: A defendant and the district attorney may come to an agreement on the length of prison sentence during a negotiated plea bargain, but the judge does not have to accept the terms of the plea bargain. In any event, a negotiated plea bargain cannot work to vary the prison sentence below three (3) years, which is the indicated “low term” for PC 289(j) cases. Prison Presumptive: If the defendant is sentenced to prison after a PC 289(j) conviction, as opposed to a probation sentence (See Probation Sentence), then the defendant must be incarcerated in a California state prison, as opposed to a local county jail. No part of the defendant’s prison sentence may be suspended or split (served partially out of prison on work release). Probation Sentence: A probation sentence may be imposed in some PC 289(j) cases, as opposed to a prison sentence. A probation sentence is only granted to a defendant in PC 289(j) cases if the court finds that there are “special circumstances” that justify a probation sentence. What constitutes “special circumstances” may vary, but generally, the “special circumstances” will include the defendant’s lack of criminal history, the lack of harm or desire for prosecution by the victim, the amenability of the defendant to serve probation, any offset good behavior demonstrated by the defendant, and more. Probation Terms: If the defendant is granted a probation sentence after a conviction for sexual penetration by foreign object upon a child under fourteen (14), then the probations sentenced will include “terms of probation.” The terms of probation will generally include a criminal protective order against the defendant from contacting the child, a “commit no violation” terms, payment of court fines and fees, payment of restitution to the child, and even a short jail term in some cases. Sex Offender Registration: A conviction for sexual penetration of a child under fourteen (14) years of age requires sex offender registration for the defendant. The length of sex offender registration is for life in PC 289(j) cases (Tier 3). For more information, see Sex Offender Registration Requirements & California SB 384 & PC 290(d) or Tier System for Sex Offender Registrants . CIMT: Sexual penetration by foreign object upon a child under fourteen (14) is considered a “crime involving moral turpitude.” This means that PC 289(j) is considered an ‘morally wrong act.’ Crimes involving moral turpitude, including penal code 289(j) violations, carry direct and indirect consequences related to immigration status (deportation), professional licensing status (revocation of license), and military service status (dishonorable discharge). Three Strikes Violation: As stated, PC 289(j) is a serious and violent offense, as those terms are defined in the penal code at 1192.7 and 667.5, respectively. This means that sexual penetration of a child under fourteen (14) is considered a “strike” offense under California’s Three Strikes Sentencing Law. Prior Strike Convictions: If the defendant has suffered a prior “strike,” then his or her possible prison sentence exposure doubles for a subsequent conviction of PC 289(j). If the defendant has suffered two prior “strike” convictions, then his or her possible prison sentence exposure extends to life in prison. Reduced “Good Conduct” Credits: Any prison sentence ordered after a conviction for sexual penetration of a child under fourteen (14) years of age is eligible for up to fifteen percent (15%) reduction for good behavior while in prison (PC 2933.1). For example, if the defendant is ordered to serve three (3) years in prison after a conviction for PC 289(j), then he or she may be released after 31.4 months (i.e., roughly 15% of 36 months). More Penalties: In addition to the punishments and consequences listed above, a defendant convicted of sexually penetrating a child under fourteen (14) years of age, the defendant will be penalized with court fines and fees, extra-long parole terms (up to life parole), travel and living restriction related to PC 290 sex offender registration, loss of firearm rights, and more. Important: Prosecution of PC 289(j) crimes does not impede simultaneous prosecution for lewd and lascivious act upon a child under fourteen (14) years of age ( PC 288(a) ). Common PC 289(j) Defenses No two criminal cases are the same; therefore, the defense to every criminal charge is different from case to case. With that said, the most common defense used in PC 289(j) cases include evidence of false accusation (or motive for false accusation), insufficient evidence to prove sexual penetration, impeachment of witness or scientific evidence, illegal search and seizure, coerced confession, non-Mirandized confession, insanity, alibi defense, and more. Less common defenses in PC 289(j) cases include statute of limitations defense (See Statute of Limitations in CA Sex Cases ) and mistake of fact defense (reasonable mistake as to the child age as being 18 or older). These defenses are technically available but rarely used because the statute of limitations is very long in most PC 289(j) cases and the mistake of fact as to the child’s age must be “reasonable,” which it is not in most cases. For more information on the crime of sexual penetration of a child under fourteen (14) years of age, or California penal code section 289(j), contact our sex crimes criminal defense attorneys today for a free consultation. Our team of dedicated and decorated sex crimes attorneys have successfully defended hundreds of felony and misdemeanor sex crimes in the Inland Empire, including cases of oral copulation , indecent exposure , lewd and lascivious act upon a child under 14 , annoy or molest a minor , child molestation, pimping , prostitution , sexual battery , possession of child porn , incest , continuous sexual abuse of a child , failure to register as a sex offender , and more. Call today! 909-913-3138 Additional Reading (2025) Sodomy Crimes ( PC 286 ) Fail to Register as Sex Offender PC 289(h) Law & Defense PC 269 Law & Defense Attempted Rape & PC 664/261 PC 289(j) Sex Penetration by Object Upon Child Under Fourteen (14): Law, Sentence, & Defense

The law on the crime of sexual penetration upon a minor , also called “sexual penetration by foreign object upon a person under eighteen (18) years of age,” is found at California penal code section 289(h). This overview covers the law, punishments, and common defenses related to PC 289(h). For more information, contact our sex crimes criminal defense attorneys . PC 289(h) Law Any person who participates in an act of sexual penetration with another person, who is under 18 years of age, is guilty of sexual penetration of a minor (aka ‘statutory sexual penetration’) [PC 289(h) Abbrev.). “Sexual penetration” is defined as “the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, sexual gratification, or sexual abuse, by any foreign object, substance, instrument, or device, or by any unknown object (PC 289(k)(1) Abbrev.). “Foreign object,” is defined as “any substance, instrument, or device, including any part of the body, except a sexual organ” (PC 289(k)(2) Abbrev.). “Unknown object” includes any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body (PC 289(k)(3) Abbrev.). Note: Sexual penetration is charged where the victim is not certain as to the object that penetrated her or him. When the penetrating object is a man’s penis, and the victim is certain that he or she was penetration with a man’s penis, then other statutory crimes are charged, such as statutory rape , unlawful sexual intercourse , or statutory sodomy . Also, sexual penetration of a minor charged under PC 289(h) is available when the victim attempts to consent to the sexual penetration, but his or her consent is voided because of his or her status as a minor (California’s “age of consent” is eighteen (18)). Example: John and Jane are boyfriend and girlfriend. John is twenty-one (21) years old, and Jane is seventeen (17) year old (i.e., a “minor”). John and Jane engage in sexual conduct whereby John penetrates Jane’s vagina with his fingers. John does not force his girlfriend to engage in sexual conduct with him, but because of Jane’s age, she cannot validly consent to the sexual penetration. Result: John may be charged with ‘statutory sexual penetration’ per penal code 289(h). Important: When force or fear is used to accomplish sexual penetration of a minor, as opposed to voided consent due to the minor’s age, then more serious sexual penetration charges may be levied against the defendant. PC 289(h) Punishment Penal code 289(h) may be charged either as a felony, or alternatively as a misdemeanor in California. This means that sexual penetration of a victim under the age of 18 is classified as a “wobbler” offense (the classification of crime “wobbles” between felony and misdemeanor). Note: Whether the defendant is charged with a felony or misdemeanor violation of PC 289(h) depends on many factors, such the age difference between the defendant and the victim, the relationship between the defendant and the victim, the harm cause to the victim, the remorse shown by the defendant, the defendant’s criminal history, and more. Felony PC 289(h) Incarceration: When sexual penetration by object upon a minor is charged as a felony, the defendant could face up to sixteen (16) months, two (2) years, or three (3) years in prison. A probation sentence without incarceration may be available in some felony PC 289(h) cases (See Probation Sentence). Whether the defendant receives the high term prison sentence of three (3) years, the middle term prison sentence of two (2) years, or the low term prison sentence of sixteen (16) months after a felony PC 289(h) conviction depends on many factors, including the presence or absence of any mitigating or aggravating factors present in the facts of the case. Mitigating & Aggravating Factors: Mitigating and aggravating factors that help a judge determine what prison sentence is most appropriate after a felony conviction of PC 289(h) includes the defendant’s criminal history, the remorse shown by the defendant, the harm cause to the victim, the relationship between the victim and the defendant, the desire for prosecution from the victim (or victim’s family), and more. Misdemeanor Jail Sentence: When sexual penetration by foreign object upon a victim under eighteen (18) years of age is charged as a misdemeanor, the defendant could face up to one (1) year in the county jail. A probation sentence, without incarceration, may also be available in misdemeanor PC 289(h) cases (See Probation Sentence). Probation Sentence: A probation sentence is a period of supervision, as opposed to a jail or prison sentence. A probation sentence is allowed in both felony and misdemeanor PC 289(h) cases. However, in felony PC 289(h) cases, before the defendant may be granted a probation sentence, he or she will be required to demonstrate to the court that a probation sentence, as opposed to a prison sentence, is in the best interest of justice, and “special” circumstances exists that justify a probation sentence. “Special” Circumstances Probation: The “special” circumstances that might justify a probation sentence in a felony PC 289(h) case includes, but is not limited to, the following: the lack of criminal history of the defendant, the relationship status between the defendant and the sexual penetration victim, the desire for prosecution by the victim, the amenability of the defendant serving a probation sentence, the remorse shown by the defendant, the level of sophistication of the alleged offense, and more. PC 1170(h) Sentencing: If the defendant is convicted of sexual penetration of a minor, and he or she is not granted probation, then the defendant must be sentenced to a California state prison, as opposed to a local county jail. Additionally, not part of the defendant PC 289(h) prison sentence may be “suspended” (aka “joint-suspended prison sentence”) or split (served partially out of prison on work release). Fifty Percent Incarceration: Incarceration periods related to the crime of sexual penetration by foreign object upon a person under eighteen (18) years of age are eligible for fifty percent (50%) “good behavior credits.” [PC 4019]. This means that the defendant’s prison or jail sentence is cut in half, so long as he or she conducts himself or herself with ‘good behavior’ while incarcerated. Note: The fifty percent (50%) good conduct credit applies to both felony and misdemeanor violations of PC 289(h). Sex Offender Registration: Sex offender registration is required after a conviction for sexual penetration of a minor (under 18). The length of sex offender registration is presumptively ten (10) years for misdemeanor PC 289(h) violations and twenty (20) years for felony PC 289(h) violations. For more information, see PC 290 Registration Requirements , Termination of Sex Offender Registration (SB 384) & PC 290 Tier Levels in California . Non-Serious, Non-Violent: Sexual penetration by foreign object against a victim under eighteen (18) is not considered a “serious” offense or a “violent” offense, at least not as those terms are defined in the California penal code at sections 1192.7 and 667.5, respectively. This means that PC 289(h) is not considered a “strike” offense under California’s Three Strikes Sentencing Law Note: Even though PC 289(h) is not classified as a serious or violent offense, a conviction of PC 289(h) may “trigger” a third “strike” if the defendant has already suffered two prior “strikes” before his PC 289(h) conviction. A third “strike” can lead to a life sentence in California. Crime Involving Moral Turpitude: PC 289(h) crimes are classified as “crimes involving moral turpitude.” A crime involving moral turpitude is any crime that involves deceit or is otherwise considered inherently and morally wrong. Crimes involving moral turpitude, including PC 289(h) convictions, lead to adverse consequences for non-US citizens (i.e., deportation, denial of entry into US, etc.), licensed professionals (revocation of license), and military personnel (discharge from military). Criminal Protective Orders: Sexual penetration of a minor under eighteen (18) will almost always require a criminal protective order in favor of the victim (i.e., no contact between victim and defendant). This is true even where the defendant and the victim are either related (incest crimes), or in a dating relationship. This criminal protective order may be modified if the court finds the victim is sufficiently protected without the order (PC 1203.3). Additional Penalties: In addition to the punishments listed above, if found guilty of sexual penetration of a person under 18 years of age, the defendant will loss his or her firearm rights (felony cases only), possibly be sued by the victim for battery, suffer penalty fees and court fines, be ordered to pay restitution for any financial loss to the victim, long parole with extensive conditions, and more. PC 289(h) Defenses Common defenses in PC 289(h) cases include statute of limitations , defendant’s reasonable mistake as to the age of the victim, coerced confession, valid marriage between the victim and the defendant, illegal search and seizure, insufficient evidence to prove the defendant sexually penetrated the victim, unreliable scientific or witness evidence, jury nullification , and more. Defense of Consent: The defense of consent is not available in a sexual penetration by foreign object upon a minor case. This is because the minor is too young to validly consent to sexual activity. Reasonable Mistake of Age: It is a defense to a sexual penetration crime charged under penal code 289(h) to show the defendant reasonably believed the minor was of the age of consent (18). The reasonableness of the defendant’s honest mistake is considered in light of all the evidence and circumstances of the case. Penal Code 17(b): When the defendant is charged with a felony violation of PC 289(h), he or she may move to have the court reclassify the felony charge to a misdemeanor charge. Whether the judge will reclassify the criminal charge depends on many factors, including the age of the defendant and the age of the victim, the relationship between the victim and the defendant, the terms of any negotiated plea bargain between the defendant and the district attorney, the criminal history of the defendant and more. Note: The defendant may petition the court to reclassify a PC 289(h) felony to a misdemeanor even over the district attorney’s objection. Diversion Not Available: “Diversion” in any form is not available in sexual penetration of a minor cases. This includes Veteran’s Court Diversion, Judicial Diversion (PC 1001.95), and Mental Health Diversion (PC 1001.36). Post-Conviction Relief: After a conviction for sexual penetration by foreign object upon a victim under 18 years of age, the defendant may have several post-conviction relief options, including appeal the criminal conviction, withdraw a guilty or “no contest” plea, expunge the PC 289(h) conviction , petition the court for a certificate of rehabilitation , modify probation term for misdemeanor probation , and more. For more information on the crime of sexual penetration of a minor under 18 years of age (aka ‘statutory sexual penetration’), or California penal code § 289(h), contact our sex crimes criminal defense attorneys today for a free consultation. Our award-winning sex crimes defense attorney have successfully handled hundreds of misdemeanor and felony sex crimes in the Inland Empire, including charges or rape , indecent exposure , termination of sex offender registration , illegal sodomy , oral copulation by force or fear , sexual battery , possession of child pornography , lewd and lascivious act upon a child , statutory rape , engaging in prostitution , engaging in public lewd conduct ( PC 647(a) ), reveal nude images to humiliate , and more. Call today! 909-913-3138 Related Articles (2025) PC 289(e) Law & Defense Seal & Destroy PC 653.22 Crime Probation Ineligible Sex Crimes Sex Offender Website Exclusion PC 289(h) Sexual Penetration by Foreign Object Upon Minor Under 18

In California, the crime of sexual penetration by foreign object upon an intoxicated victim is charged under penal code section 289(e). This summary covers the law, penalties, and common defenses associated with PC 289(e). If you have been charged with a violation of PC 289(e), contact our sex crimes criminal defense attorneys without delay. PC 289(e) Related Law Any person who commits an act of sexual penetration, when the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance (CS), and this condition was known, or reasonably should have been known by the defendant, is guilty of sexual penetration by object upon an intoxicated victim, a felony (PC 289(e) Abbrev.). Note: How the victim became intoxicated is not an element of the offense. In other words, the defendant may be charged with sexual penetration of an intoxicated person regardless of whether the defendant made any effort to intoxicate the victim. Sexual Penetration Defined: “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person, or causing another person to penetrate the defendant’s or another person’s genital or anal opening, for the purpose of sexual arousal, sexual gratification, or sexual abuse by any foreign object, substance, instrument, or device, or by any unknown object PC 289(k) Abbrev.). Foreign Object Defined: “Foreign object, substance, instrument, or device” shall include any part of the body, except a sexual organ (PC 289(k)). Unknown Object Defined: “Unknown object” shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body (PC 289(k)(3)). Victim Defined: “Victim” includes any person who the defendant causes to penetrate the genital or anal opening of the defendant or another person or whose genital or anal opening is caused to be penetrated by the defendant or another person and who otherwise qualifies as a victim under the requirements of this section (PC 289(m) Abbrev.). Note: The District attorney will charge sexual penetration by foreign object upon an intoxicated victim when the victim is not sure if the penetrating object is a man’s penis. When the victim is certain that it was a man’s penis that penetrated him or her, then the crime of rape by force or fear upon an intoxicated victim or sodomy by force or fear upon an intoxicated is charged, depending on whether the victim alleges vaginal penetration or anal penetration. PC 289(e) Penalties Prison Sentence: A defendant who is convicted of sexual penetration upon an intoxicated victim may be sentenced to either three (3), six (6), or eight (8) years in prison (PC 289(e)). Triad Sentencing Options: As stated, a defendant who is convicted of PC 289(e) may be sentenced to prison for three (3), six (6), or eight (8) years. Whether the judge orders a low term “mitigated” prison sentence of three (3) years, a mid-term “presumptive” prison sentence of six (6) years, or a high term “aggravated” prison sentence of eight (8) years, depends on whether there are any mitigating or aggravating facts related to the case. Mitigating & Aggravating Sentencing Factors: Mitigating and aggravating sentencing factors related to PC 289(e) cases include the defendant’s criminal history, the level of sophistication used by the defendant to commit the offense, how the victim became intoxicated and to what degree, the harm caused to the intoxicated victim, the remorse shown by the defendant, and more. Example: John is accused of sexual penetration of an intoxicated person by foreign object (PC 289(e)). The facts of the case indicate that John has no criminal history, the intoxicated person became intoxicated without John’s knowledge or assistance, John was also intoxicated at the time of the sexual penetration, the victim was not physically harmed by the sexual penetration, and John has shown sincere remorse or his actions: Result: If convicted of penal code 289(e), there exists good cause to sentence him to the low term “mitigated” prison sentence of three (3) years, as opposed to longer prison sentencing options. Prison Presumptive: A violation of Penal code 289(e) is “prison presumptive.” This means that the defendant may not serve any portion of his or her incarceration in a local county jail, except for prison transport(s) and temporary housing needs between prison transport. Also, no part of the defendant’s prison sentence may be served on house arrest or work release (“split” prison sentence), and no part of the defendant’s prison sentence may be “suspended.” (PC 1170(h)). “Good Conduct Credits”: A prison sentence related to PC 289(e) may be reduced by up to fifty percent (50%) is the prisoner serves his or her incarceration with “good behavior.” For example, if the defendant is sentenced to the high term “aggravated” prison sentence of eight (8) years after a PC 289(e) conviction, then the defendant will only serve four (4) years of that prison sentence, so long as he or she conducts himself or herself with good behavior while behind bars. Probation Denied: A probation sentence is not allowed after a conviction for sexual penetration by foreign object upon an intoxicated victim (PC 1203). No “Strike” Offense: PC 289(e) is not a “strike” offense under California’s Three Strikes Sentencing Law. This is because the crime of sexual penetration by foreign object against an intoxicated person is not classified as a "violent" offense or a "serious" offense, at least as those terms are defined at California penal code sections 667.5(c) and 1192.7(c), respectively. Note: Even though PC 289(e) is not a “strike” offense under CA law, the conviction of PC 289(e) can “trigger” a third “strike” if the defendant has suffered two (2) “strike” convictions prior to his or her conviction for PC 289(e). Also, even if the defendant has suffered a prior felony conviction, even if that prior felony conviction was not a “strike” offense, then the defendant may be sentenced to longer periods of prison than the sentencing options listed above. Moral Turpitude Crime: Sexual penetration by foreign object upon an intoxicated person is classified as a “crime involving moral turpitude.” A crime involving moral turpitude is considered a crime against nature or a crime that involves deceit or fraud. Conviction of a crime involving moral turpitude, including a conviction of penal code 289(e), may lead to severe negative consequences related to the following: Professional Licensing: A professional license, such as any employment or occupational license issued by a California Board, Bar, or Commission, may be revoked, suspended, or denied after a conviction for penal code 289(e). Immigration Consequences: A non-United States citizen may be deported from the United States, denied reentry into the United States, or denied naturalization upon a conviction for PC 289(e). These immigration consequences can occur either before or after serving a prison sentence related to the crime. Military Service: Any conviction for sexual penetration by foreign object against an intoxicated person will result in discharge from the armed services (Coast Guard, Army, Space Force, Marines, National Guard, Navy, Air Force, or Merchant Marines). For defendants seeking military service, any PC 289(e) conviction will render that candidate ineligible for voluntary military service. Impeached Credibility: A conviction history for PC 289(e) may severely impact a person’s credibility in future legal cases (both criminal and civil cases) because all evidence of moral turpitude crimes is subject to admission in court to impeach the veracity and reliability of the witness’ testimony. Sex Offender Registration: The crime of sexual penetration of an intoxicated person requires sex offender registration in California. The length of sex offender registration is either a 20-year obligation (Tier 2), or a lifetime obligation (Tier 3), depending on several factors. For more information, see Petition to Terminate Sex Offender Registration ( PC 290.5 ), CA’s Tier System for Sex Offenders , & Sex Offender Registration Requirements in CA (PC 290). Other Penalties: Other penalties related to PC 289(e) convictions include longer prison sentencing for subsequent felony convictions, loss of firearm rights, criminal protective orders, restitution to victim, civil lawsuits for battery, court fines and fees, loss of scholarship opportunities, loss of certain family law rights, extended parole commitments, and more. Common PC 289(e) Defenses Common defenses related to sexual penetration of an intoxicated victim by foreign object include statute of limitations , reasonably mistake of fact as to the victim’s intoxication, illegal search and seizure of DNA evidence, false allegations, impeachment of witness or scientific evidence, coerced confession, failure to Mirandize a suspect before confession , and more. Impeachment of Victim’s Credibility: When the district attorney charges a PC 289(e) violation against the defendant, then the defendant will already have some level of defense built into the criminal charge. Namely, if the victim was too intoxicated to resist sexual penetration, then he or she may have been too intoxicated to accurately identify the defendant as the suspect. This defense assumes no corroboration of the victim’s allegation, such as other witnesses or DNA corroborating evidence. Intoxication Defense: An intoxication defense is somewhat limited in PC 289(e) cases, but it can exist where both the defendant and the victim were both severely intoxicated at the time of the alleged sexual penetration, which is not an uncommon circumstance in these types of cases. Note: The reason an intoxication defense is limited, is that it requires proof that the defendant was so intoxicated at the time of the alleged offense that he or she did not appreciate the difference between right and wrong, or he or she did not understand the nature and qualify of his or her actions. Essentially, this means the intoxication defense works only where the level of intoxication of the defendant is so severe that it meets the criminal law definition of insanity. Consent Defense: An element of PC 289(e) is that the victim is alleged to be too intoxicated to resist sexual penetration because he or she is not aware of the circumstances of the alleged act, not that sexual penetration is physically forced upon the victim. Thus, if the defendant can show that the alleged victim was not intoxicated to the level required under PC 289(e), and the victim otherwise demonstrated consent to vaginal sex or anal sex, then the defendant is entitled to an acquittal of the PC 289(e) charges. Example: John and Jane are both intoxicated at a house party. While intoxicated, John and Jane have sexual intercourse in a bedroom. Later, Jane informs law enforcement that she was too intoxicated to resist John’s “date rape.” John is charged with PC 289(e). At trial, John brings three witnesses from the party that testify Jane did not appear as drunk as she alleges when she and John went to have sex in the bedroom. Result: John may be entitled to an acquittal because Jane appeared sober enough to resist sexual penetration and there is no indication that she otherwise resisted. Note: Evidence that the victim requested the use of a condom, or that fact that the victim and the defendant were in a dating relationship at the time of the sexual penetration, is not, by itself, sufficient evidence to show the victim consented to sexual activity or sexual penetration with the defendant (Calcrim 1045). Diversion Not Available: Diversion, or circumvention of criminal prosecution under certain circumstances, is not available in sexual penetration crimes, including violation of PC 289(e) [PC 1001.95 “Judicial Diversion,” PC 1001.36 “Mental Health” Diversion]. Post-Conviction Relief: After a conviction for sexual penetration upon an intoxicated victim, the defendant may have several post-conviction relief options, depending on the circumstances of the case, including a petition for certificate of rehabilitation ( PC 4852 ), appeal the criminal conviction, withdraw a guilty plea (PC 1018), petition for early release on parole, expunge the PC 289(e) criminal conviction (PC 1203.4(b)), and more. For more information on the law, penalties, and common defenses related to California penal code 289(e), sexual penetration by foreign object upon an intoxicated person, contact our sex crimes criminal defense attorneys today for free consultation. Our award-winning, successful trial attorneys have handled hundreds of misdemeanor and felony sex crimes in both San Bernardino and Riverside County, including allegations of oral copulation , annoy or molest a minor , child molestation, lewd and lascivious act upon a child under fourteen (14) years of age , possession of child porn , sexual battery , indecent exposure , kidnap to commit a sex offense ( PC 209(b) ), soliciting prostitution , sexual assault , human trafficking , and more. Call today! 909-913-3138 Recent Summaries (2025) Sex with Inmates PC 289(a)(1)(C) Explained PC 288.3 Law & Defense Obscene Live Conduct (PC 311.6) PC 289(e) Sex Penetration by Object on Intoxicated Victim: Law, Penalty & Defense

Information on the crime of sexual penetration by object on person 14-17 years of age by force is found at California penal code § 289(c)(1)(C) PC. This overview covers the law, punishments, and common defense related to PC 289(c)(1)(C). For more information, visit sex crimes defense attorneys today for a free consultation. PC 289(a)(1)(C) Law Any person who commits an act of sexual penetration upon a minor who is 14 years of age or older, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of sexual penetration upon a minor 14-17 years of age by force (PC 289(a)(1)(C) Abbrev.). Sexual Penetration Defined: “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object (PC 289(k)(1)). Foreign Object Defined: “Foreign object, substance, instrument, or device” shall include any part of the body, except a sexual organ PC 289(k)(2)). Unknown Object Defined: “Unknown object” shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body (PC 289(k)(3)). Duress Defined: Duress, as used in PC 289(a)(1)(C), means “a direct or implied threat of force, violence, danger, hardship, or retribution that is enough to cause a reasonable person of ordinary sensitivity to do something that he or she would not otherwise do. All the circumstances of the case must be considered, including the victim’s age, when considering whether the victim acted under duress in a sexual penetration of a minor under eighteen (18) charge (14-17). [Calcrim 1045]. Victim Defined: “Victim” includes any person who the defendant causes to penetrate the genital or anal opening of the defendant or another person or whose genital or anal opening is caused to be penetrated by the defendant or another person and who otherwise qualifies as a victim under the requirements of this section (PC 289(m)). Example: Jamie, a sixteen (16) year old female, is raped by serial rapist. When Jamie is raped, she shuts her eyes and cannot be certain the serial rapist penetration her with his penis. The crime of rape requires vaginal penetration by a man’s penis. Therefore, to avoid dismissal of rape charges due to the victim’s uncertainty as to whether the serial rapist sexually penetrated her with his penis, the district attorney charges the serial rapist with the crime of sexual penetration of a minor under eighteen (18), or PC 289(a)(1)(C). PC 289(a)(1)(C) Punishment Prison Sentence: Sexual penetration upon a child 14-17 years of age is charged as a felony in California. If found guilty of PC 289(a)(1)(C), the defendant could face up to six (6), eight (8), or ten (10) years in a California state prison, depending on the facts and circumstances of the case. Note: Whether the defendant is sentenced to 6, 8, or 10 years of prison after a sexual penetration against a child 14-17, depends on many factors, including the harm caused by the defendant to the victim, the relationship between the defendant and the victim, the defendant’s criminal history, the terms of any negotiated plea bargain agreement, and more. Split Prison Sentence Forbidden: After a PC 289(a)(1)(C) conviction, the defendant must serve his or her prison sentence is a California state prison, as opposed to a local county jail. Additionally, no part of a prison sentence related to sexual penetration of a child 14-17 years of age may be neither be split (served partially out of prison on house arrest or work release), nor suspended (not served subject to certain conditions) [Penal Code 1170H]. Probation Not Allowed: A probation sentence is not allowed after a conviction for sexual penetration of a child under eighteen (18) years of age. This is true even if the district attorney and the defendant are otherwise amenable to a probation sentence. Reduced Prison Credits: A prison sentence after a conviction for sexual penetration upon a child 14-17 years of age may only be reduced by up to fifteen percent (15%) even if the inmate serves his or her prison sentence with good behavior. This is known as the "reduced prison credits" law and it applies in most felony sex crimes, including PC 289(a)(1)(C) cases (PC 2933). Three Strikes Law: PC 289(a)(1)(C) is classified as a "strike" offense per California's Three Strikes Sentencing Law. As such, the crime of sexual penetration upon a child 14-17 years of age is considered both a serious offense, and a violent offense, as those terms are defined in the California penal code under PC 1192.7 and 667.5, respectively. Conviction of "strike" offense, including PC 289(a)(1)(C) crimes, leads to harsher punishment and longer prison sentences for repeat felony offenders, including up to a life sentence for a conviction of a third "strike" offense. Sex Offender Registration: Sex offender registration is mandatory after a conviction for PC 289(a)(1)(C). For more information, see Length of Sex Offender Registration for California Sex Crimes & Sex Offender Registration Requirements . Parole after Prison: Inmates who are released on parole after a conviction for sexual penetration of a child under eighteen (18) may be sentenced to parole for twenty (20) years to life. Parole is not like probation. The goals of parole are to reintegrate a person into society after prison. Nevertheless, conditions of parole after a PC 289(a)(1)(C) conviction will include, but are not limited to, mandatory sex offender registration for life (Tier Three). Immigration Consequences: Non-United States citizens who are convicted of PC 289(a)(1)(C) will be deported from the United States because sexual penetration of a child between 14 and 17 is considered a “deportation offense.” Also, for defendants who have been deported after a conviction of PC 289(a)(1)(C), reentry into the United States is denied. This means that after a conviction for PC 289(a)(1)(C), a non-US citizen will be deported from the United States after he or she serves his or her prison sentence. Other Penalties: Addition direct and indirect penalties for PC 289(a)(1)(C) convictions included loss or denial of a professional license (doctor, attorney, therapist, teacher, nurse, etc.), discharge or denial of entry into the armed forces, court fines and fees, loss of firearm rights, civil lawsuits, restitution orders, criminal protective orders, long parole (up to life) and more. PC 289(a)(1)(C) Defenses Common defense against allegations of sexual penetration of a child under eighteen (18) years of age (14-17) include coerced confession, illegal search and seizure, reasonable mistake of fact as to age of the victim, insufficient evidence that sexual penetration occurred, false allegations, impeachment of witness or scientific evidence, Failure to “Mirandize” defendant, when necessary, statute of limitations (very limited), alibi defense, insanity, and more. Consent Not a Defense: A minor cannot legally consent to sexual penetration; therefore, it is not a defense to prove that the minor wanted to engage in sexual penetration. However, it is defense to PC 289(a)(1)(C) is the defendant reasonably believed that the minor was of the age of consent (18 in California). What is “reasonable” belief that the child is of the age of consent is determined after examining the facts and circumstances of the case. Example: Jamie meets John at a party. John is twenty (20) years old and Jamie is seventeen (17) years old, but she tells John she is eighteen (18) years old, and John honestly believes her based on her appearance and demeanor. Later, Jamie and John have sexual intercourse at the party. When law enforcement discovers that Jamie and John had sex John is charged with statutory rape (PC 261.5(c), and sexual penetration of a minor under eighteen (PC 289(a)(1)(C)). Result: Because John truly and reasonably believed that Jamie was of the age of consent (18 in California), both PC 261.5(c) and PC 289(a)(1)(C) charges should be dismissed. Alibi Defense: Sexual penetration of a minor aged 14/17 is sometimes alleged where the victim claims he or she “closed” his or her eyes during a rape or sodomy by force or fear . In cases where the defendant and the victim are unknown to each other, and the alleged victim claims that he or she closed his or her eyes during the sexual act, an alibi defense is not uncommon, unless the PC 289(a)(1)(C) charges are supported by scientific evidence, such as DNA, seminal fluid, etc. For further information, see Common Defense Strategies in California Sex Crimes Cases . Post-Conviction Options: After a conviction for penal code 289(a)(1)(C), the defendant may have several post convictions options, depending on the circumstances of the case, including withdrawing his or her “no contest” or guilty plea, appealing the criminal conviction, petitioning the California Governor for a pardon, petition the court for a Writ of Habeas Corpus, and more. Note: Certificate of Rehabilitation and Expungement of PC 289(a)(1)(C) charges is not available (PC 4852 & 1203.4). If you or a loved on is charged with sexual penetration of a child who is 14-17 years of age, or California penal code section 289(a)(1)(C), contact our sex crimes criminal defense attorneys today for a free consultation. Our team of dedicated and highly experienced criminal defense attorneys have successfully represented hundreds of misdemeanor and felony sex crimes in the Inland Empire, including sexual penetration, sodomy , prostitution , child molestation, lewd act upon a child , oral copulation , engage in public lewd act, indecent exposure , sexual battery , rape by force or fear , "Peeping Tom" crimes , possession of child pornography , and more. Our award-winning attorneys are available every day of the week to discuss your case with you. Call today! 909-913-3138 Related Topics (2025) PC 289(a)(1)(B) Law & Defense PC 289 General Information Sex Crimes Defense Blog Expungement of CA Sex Crimes PC 289((a)(1)(C) Sexual Penetration by Object on Person 14-17 Years of Age by Force

PC 289(a)(1)(B) of the California penal code describes the law and punishment related to the crime of sexual penetration upon a child, who is younger than fourteen (14) years of age, by force or fear. This reviews the laws, punishments, and common defenses related to PC 289(a)(1)(B). For further information, contact our sex crimes criminal defense attorneys for a free consultation. PC 289(a)(1)(B) Laws Any person who commits an act of sexual penetration upon a child who is under 14 years of age, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of sexual penetration upon a child 14 years of age or younger by force or fear (PC 289(a)(1)(B) Abbrev.). “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object (PC 289(k)(1)). “Foreign object, substance, instrument, or device” shall include any part of the body, except a sexual organ (PC 289(K)(2)). “Unknown object” shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body (PC 289(k)(3)). Note: When the victim is aware that the penetrating object is, in fact, a man’s penis, then other criminal charges will apply (i.e., sodomy of child under fourteen (14) by force (PC 286(c)(1)); rape of child under fourteen (14) by force or fear (PC 261(a)(2)), etc. PC 289(a)(1)(B) Punishments Prison Sentence: Conviction of penal code 289(a)(1)(B) may result in a prison sentence of either eight (8), ten (10), or twelve (12) years, depending on the facts and circumstances of the case. In most PC 289(a)(1)(B) cases, the defendant will receive the “middle term” prison sentence of ten (10) years upon conviction. However, the judge may impose the low term of eight (8) years if there are sufficient mitigating circumstances in the facts of the case to justify the “low term” of eight (8) years. Alternatively, if the judge finds there are sufficient aggravating factors in the case, then the court may impose the “high term” of twelve (12) years of prison after a PC 289(a)(1)(B) conviction. Reduced Conduct Credits: A prison sentence related to a PC 289(a)(1)(B) conviction may be reduced when the defendant serves his or her prison sentence with “good behavior.” However, in PC 289(a)(1)(B) cases, the maximum reduction is only fifteen percent (15%). This means that even if the defendant serves his or her prison sentence with good behavior, he or she will be required to serve no less than eighty-five percent (85%) of his or her prison sentence. Consecutive Sentencing: Every violation of PC 289(a)(1)(B) may lead to a “full and consecutive” prison sentence. For example, if the defendant is charged with three (3) counts of PC 289(a)(1)(B), then he or she is facing up to thirty (30) years in prison [ten (10) years for each of the three (3) PC 289(a)(1)(B) counts to be served one after the other, not “concurrently.” Probation Sentence: A probation sentence is not available in cases of sexual penetration of a child under fourteen (14) years of age by foreign object with force or fear. Penal Code 1170(h) Sentence: No part of a PC 289(a)(1)(B) prison sentence may be served alternatively on work release or house arrest (“split” prison sentence). Similarly, no part of a PC 289(a)(1)(B) prison sentence may be “suspended.” Important: PC 289(a)(1)(B) does not preclude prosecution under PC 288(a) [ Lewd and Lascivious Act Upon a Child Under Fourteen (14) Years of Age ]. In other words, sexual penetration of child under fourteen (14) years of age by foreign object by force or fear is also a PC 288(a) lewd act crime. This means the district attorney may charge both PC 289(a)(1)(B) and PC 288(a) for the sexual penetration act against a child under fourteen (14); however, the judge may not impose multiple prison sentences for the same act that constitutes to separate crimes (PC 654). PC 290 Registration: A conviction for sexual penetration upon a child under fourteen (14) years of age by foreign object by force or fear will require the defendant to register with the Department of Justice (DOJ) as sex offender. Per PC 290(d), sex offender registration for PC 289(a)(1)(B) crimes is for life (Tier Three Registration). For further information, see Sex Offender Registration Requirements . Crime Involving Moral Turpitude: Sexual penetration by foreign object with force or fear against a child under fourteen (14) is classified as a “crime involving moral turpitude.” A crime involving moral turpitude is any criminal violation that involves immoral behavior or crimes against nature. Crimes involving moral turpitude, including PC 289(a)(1)(B) convictions, carry severe negative consequences, including immigration consequences for non-US citizens, professional licensing consequences for licensed professionals, and military service consequences for defendants in the armed services. Other Direct & Indirect Penalties: In addition to the punishments listed above, a conviction for PC 289(a)(1)(B) may lead to restitution orders against the defendant (for victim’s financial loss because of defendant’s crime), criminal protective orders against the defendant, civil lawsuits, extended parole periods, court fines and fees, and much more. PC 289(a)(1)(B) Defenses Common defenses incorporated by defendants charged with sexual penetration of a child under fourteen (14) by foreign object by force or fear include insanity defense, insufficient evidence to prove defendant is the person who committed the crime, false allegations, illegal search and seizure of evidence, lack of Miranda Rights issued to defendant before confession, coerced confession, impeachment of reliable witness or scientific evidence , and more. For more information, see Defenses to Sex Crimes . Consent Defense: The defense of consent does not apply to penal code 289(a)(1)(B) violations. This is because a child under the age of fourteen (14) is too young to consent to sexual penetration. The defense of “reasonable mistake as to the victim’s age” is a defense to PC 289(a)(1)(B) cases but demonstrating the reasonableness as to defendant’s belief that the child was of the age of consent may be very difficult in most PC 289(a)(1)(B) cases. Statute of Limitations: The statute of limitations, as a defense, applies in sexual penetration upon a child under fourteen (14) cases, but the statute of limitations length is generally very long in PC 289(a)(1)(B) cases, the statute of limitation law for these crimes is complex, and the statute of limitations may even be extended for various reasons in PC 289(a)(1)(B) cases. For more information, see Statute of Limitations in California Criminal Sex Crimes . For more information on the crime of sexual penetration upon a child under fourteen (14) by foreign object by force or fear, or California penal code section 289(a)(1)(B) PC, contact our sex crimes criminal defense attorneys today for a free consultation. Our team of experienced and award-winning trial attorneys have successfully handled hundreds of misdemeanor and felony sex crimes in the Inland Empire, including lewd act upon a child under 14 , sexual battery , sodomy cases , possess child porn cases , child molestation , sexual penetration crimes , indecent exposure , prostitution crimes , revenge porn crimes , and more. Call today! 909-913-3138 Recent Articles (2025) PC 289(a)(1)(A) Law & Defense Possess Sadomasochistic Child Porn Statute of Limitations for Statutory Rape Lewd Act on Child by Force (PC 288(b)) PC 289(a)(1)(B) Sexual Penetration by Object Upon Child Fourteen (14) Years of Age by Force or Fear

Information on the crime of sexual penetration by object by force, fear or threats is found at California penal code § 289(a)(1)(A). This brief article covers the laws, punishments, and common defenses related to PC 289(a)(1)(A). For more information on the crime of sexual penetration by object by force or fear, contact our sex crimes criminal defense attorneys today for a free consultation. PC 289(a)(1)(A) Law Per California penal code 289(a)(1)(A), any person who commits an act of sexual penetration, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of sexual penetration by force or fear (PC 289(a)(1)(A) Abbrev.). Sexual Penetration Defined: “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to penetrate the defendant’s, or another person’s, genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object (PC 289(k)(1)). “Object” Element Explained: An object is any ‘foreign object, substance, instrument, or device except a man’s penis, if it is not known what object penetrated the sex organ’s opening (PC 289(a)(1)(A)). Note: Sexual penetration by foreign object by force or fear may be charged where the defendant’s penis is used to penetrate the vagina or anus of another person, but only if the victim is unaware, or uncertain as to what penetrated his or her sexual organ. “Force” Element Explained: Sexual penetration by force where the defendant uses enough physical force to overcome the victim’s will. The victim is not required to continue to physically resist the defendant during sexual penetration where the will of the victim to resist is overcome by the defendant’s use of initial force, or continued force. “Fear” Element Explained: Sexual penetration by fear is accomplished if the defendant expressed or implied a threat of future force, violence, danger, or even retribution, if the victim physically resists the defendant during sexual penetration. The expressed or implied fear must have been reasonably valid to the victim considering all the facts and circumstances. Note: PC 289(a)(1)(A) is accomplished by fear if the victim is actually and reasonably afraid. PC 289(a)(1)(A) Punishment Classification of Crime: Sexual penetration by foreign object by force or fear charged under penal code 289(a)(1)(A) is always charged as a felony. In other words, there is no misdemeanor version of PC 289(a)(1)(A) like there is with many other sex crimes (i.e., PC 289(a)(1)(A) is not a “wobbler” offense). This speaks to the severity of the offense. Prison Sentence: If found guilty of sexual penetration by foreign object by force, fear, or threats, the defendant may face either the low prison term of three (3) years, the middle prison term of (6) years, or the “aggravated” prison term of eight (8) years, depending on the circumstances and facts of the case. Note: County jail is not an option after a conviction for PC 289(a)(1)(A). Any incarceration related to PC 289(a)(1)(A) must be served in a California state prison, and no part of that prison sentence may be served alternatively on work release or house arrest (PC 1170(h) Sentencing). Serious & Violent Offense: PC 289(a)(1)(A) is classified as a serious and violent offense as those terms are defined in the California penal code at sections 1192.7 and 667.5, respectively. As such, the crime of sexual penetration by foreign object by force or fear is considered a “strike” offense under California’s Three Strikes Sentencing Law. Note: Any “strike” offense, including convictions for PC 289(a)(1)(A), may lead to longer prison sentences for subsequent felony violations of any crime and/or a life prison sentence if the defendant has previously suffered two prior “strike” offenses before his or her conviction for a third “strike.” Probation Sentence: A probation sentence is not allowed after a conviction for any penal code 289(a)(1)(A) offense. This means the defendant must be sentenced to prison for no less than three years (low term) after a conviction for PC 289(a)(1)(A). Sex Offender Registration: Any conviction for sexual penetration by object with force, fear, or threats requires sex offender registration. The length of sex offender registration for PC 289(a)(1)(A) is covered in Tier Levels for Sex Offender Registration in California . The requirements for sex offender registration is covered in Sex Offender Registration Requirements in California . Crime Involving Moral Turpitude: Sexual penetration by foreign object with force, fear or threat is classified as a crime involving moral turpitude . This means that PC 289(a)(1)(A) is considered a ‘is inherently an immoral crime.’ Crimes involving moral turpitude, including PC 289(a)(1)(A) carry extra consequences for non-US citizens (deportation, denial of US entry, denial of citizenship), licensed professional (denial or revocation of professional license), and military personnel (denial of military entrance or discharge). Further Penalties: In addition to the punishments and penalties listed above, any conviction for sexual penetration by foreign object by force or fear will result in court fines, restitution to victim for financial loss (medical bills, therapy bills, etc.), civil lawsuits, criminal protective orders to protect future harm to victims, loss of rights to adopt a child, loss of firearm rights, residential restrictions, parole terms for sex crimes , and more. PC 289(a)(1)(A) Defenses Every criminal case is different; therefore, the defenses that might apply to a criminal case are different from case to case. For example, if two defendants are charged with sexual penetration by foreign object by force or fear, and only one of the defendants confessed to the case, then only that defendant needs a motion to suppress an un-Mirandized or coerced confession, if available. In any event, common defenses to PC 289(a)(1)(A) cases generally include reasonable mistake of fact a to victim’s consent, coerced confession, illegal search and seizure of evidence, alibi defense, insanity, insufficient evidence to prove defendant guilty (i.e., false accusations, unreliable scientific evidence, unreliable witness evidence, etc.), statute of limitation (limited), actual consent to sexual penetration , and more. For further information, see Defenses to Sex Crimes . Defense of Consent: If the defendant reasonably believed that the other person consented to sexual penetration, then the defendant is entitled to an acquittal of the PC 289(a)((1)(A) charges. The district attorney has the burden to prove that the defendant did not actually and reasonably believe that the other person consented (Calrim #1045 Abbrev.). Note: Judicial diversion is not available in PC 289(a)(1)(A) cases (PC 1001.95). Post-Conviction Options: After a conviction for sexual penetration by object by force or fear, the defendant might have several post-conviction relief options including Petition for Pardon to the Governor of California, Appeal the Felony Conviction, Petition the Court for Writ of Habeas Corpu s (for violations of substantive state and federal law), and more. For more information on the law, sentence, or defenses related to California penal code 289(a)(1)(A), sexual penetration by object with force, fear, or threat, contact our sex crimes criminal defense attorneys today for free consultation. Our sex crimes defense lawyers have successfully handled hundreds of misdemeanor and felony sex crimes in the Inland Empire, including sexual penetration cases, lewd and lascivious act upon a child under fourteen ( PC 288(a) ), oral copulation crimes , sodomy crimes , prostitution , sexual battery , possession of child pornography , and many more. Call today! 909-913-3138 Further Reading (2025) Sexual Penetration Crimes Overview Human Sex Trafficking Defense Oral Copulation by Threat of Arrest List of California Sex Crimes PC 289(a)(1)(A) Sexual Penetration by Object by Force or Fear: Law, Sentence, & Defense

Information on the crime of oral copulation by threat of arrest or deportation is found at California penal code § 287(k). This overview of PC 287(k) covers related penalties and common defenses to the crime of oral copulation by threat of deportation. For further information, contact our sex crimes criminal defense attorneys today for a free consultation. PC 287(k) Law Per PC 287(k), any person who commits an act of oral copulation, where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim, or another person, and the victim has a reasonable belief that the perpetrator is a public official, is guilty of oral copulation by threat of arrest or deportation (PC 287(k) Abbrev.). Oral Copulation Defined: Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person (PC 287(a)). “Copulating” is this sense means to sexually connect, such as to connect the mouth to penis (fellatio), or to connect the mouth to vagina (cunnilingus). A common slang term for oral copulation includes “oral sex.” Note: As used in PC 287(k), a “public official” is a person employed by a government agency who has the authority to incarcerate, arrest, or deport. The other person must have reasonably believed that the defendant was a public official even if he or she was not (Calcrim Jury Instruction 1015). Per Calcrim 1015, evidence of penetration of the vagina with the defendant’s tongue is not required to charge a violation of PC 287(k). Example: Deputy Sanchez informs Maria that he (Deputy Sanchez) will deport Maria’s mother from the United State unless Maria performs oral copulation on him (Deputy Sanchez). Result: Deputy Sanchez may be charged with oral copulation by threat of deportation (PC 287(k). Important: In the example above, it does not matter if “Deputy” Sanchez is not a real law enforcement officer. It only matters that Maria reasonably believes that Sanchez is a real law enforcement officer for PC 287(k) charges to apply against Sanchez. PC 287(k) Punishment The crime of oral copulation by threat of arrest or deportation is charged as a felony (PC 287(k). If found guilty of PC 287(k), the defendant may face up to three (3), six (6), or eight (8) years in a California state prison. Note: Whether the criminal court judge orders three (3), six (6), or eight (8) years of prison after a PC 287(k) conviction depends on many factors, including the presence of any mitigating or aggravating factors in the case, such as the level of sophistication incorporated by the defendant when he or she committed the offense, the defendant’s criminal history, the harm caused to the victim, the victim’s desire for prosecution, the terms of any plea bargain between the district attorney and defense attorney, and more. Probation Sentence: For purposes of PC 287(k), a probation sentence is a period of monitoring the defendant by a felony probation officer, as opposed to incarceration in a state prison. A probation sentence is allowed after a conviction for oral copulation by threat or deportation, but only if the defendant finds “unusual” circumstances related to the case that justify a probation sentence (See Factors Considered for Probation Sentence). Factors Considered for Probation: As stated, in PC 287(k) cases, the court will only grant probation where “unusual” circumstances related to the case justify a probation sentence and a probation sentence would be in the interest of justice, as opposed to a prison sentence. These “unusual” factors include, but are not limited to, the following: The defendant participated in the crime under circumstances of great provocation, coercion, or duress not amounting to a defense, and the defendant has no recent record of committing crimes of violence (ROC 4.413(c)(2)(A)); The crime was committed because of a mental condition not amounting to a defense, and there is a high likelihood that the defendant would respond favorably to mental health care and treatment that would be required as a condition of probation (ROC 4.413(c)(2)(B)); and The defendant is youthful or and has no significant record of prior criminal offenses (ROC 4.413(c)(2)(C)). State Prison Presumptive: If the defendant is not granted a probation sentence after a penal code 287(k) conviction, then he or she must serve his or her incarceration in a California state prison, as opposed to a local county jail. Additionally, no part of a prison sentence related to a conviction for oral copulation by threat of arrest or deportation may be “suspended,” or split (i.e., incarceration served alternatively on work release or house arrest). Note: If the defendant is granted a probation sentence after a PC 287(k) conviction, then the judge may order a period of incarceration in the county jail as a “term of probation.” However, incarceration related to a probation sentence is generally much shorter than the prison sentence that could have been imposed had the defendant not been granted probation. Good Conduct Credits: A prison sentence related to PC 287(k) may be reduced by up to fifty percent (50%) if the defendant serves his or her prison sentence with “good behavior.” For example, if the prisoner is ordered to serve a three-year prison sentence after a PC 287(k) conviction (low-term prison sentence), that prison sentence may be reduced to eighteen (18) months if the prisoner conducts himself or herself with good behavior for the first eighteen (18) months (PC 4019 & PC 2933). Crime of Moral Turpitude: The crime of oral copulation by threat of arrest or deportation is a crime involving moral turpitude . A crime involving moral turpitude is any offense that involves dishonesty or is otherwise morally abhorrent. Crimes involving moral turpitude, including PC 287(k) crimes, can lead to adverse consequences with immigration status (deportation of non-US citizens), licensed professionals (denial or revocation of license), and military status (denial of entry or discharge from military). Sex Offender Registration: PC 287(k) is a crime that requires sex offender registration with the DOJ upon criminal conviction (or upon release from prison). Sex offender registration for oral copulation by threat of arrest or deportation is classified as either a Tier-2 (20 Year Registration), or Tier-3 (Lifetime Registration) depending on several factors. For further information, see CA Tier Levels for Sex Offender Registration , Termination of Sex Offender Registration ( PC 290.5 ), & Requirements for Sex Offender Registration ( PC 290 ). Other Penalties: Additional penalties for PC 287(k) convictions include court security fees and fines, restitution orders, criminal protective orders (CPO), civil lawsuits, loss of firearm rights, loss of family law rights, loss of scholarship opportunities, lengthy parole terms, and more. PC 287(k) Common Defenses Common defenses used in penal code 287(k) cases include lack of reasonable belief the defendant was a “public official,” insufficient evidence that oral copulation took place, illegal search and search and seizure of evidence that renders that evidence inadmissible, failure to Mirandize the defendant before confession, statute of limitations , and more. Note: The fact that the defendant is not a public official does not defeat PC 287(k) charges, so long as the oral copulation victim reasonably believed that the defendant was a public official when he or she threatened arrest or deportation. For further information related to PC 287(k), oral copulation by threat of arrest or deportation, contact our sex crimes criminal defense attorneys today for a free consultation. Our successful team of award-winning criminal defense attorneys are passionate and highly skilled at defending all misdemeanor and felony sex crimes, including oral copulation crimes, and we can help you too. Call today! 909-913-3138 Recent Articles (2025) Oral Cop on Intoxicated Person Assault to Commit Oral Cop PC 288(a) Lewd & Lascivious Acts PC 288(b) Lewd Act by Force PC 287(k) Oral Copulation by Threat of Arrest or Deportation

Performing oral sex on a person who is too intoxicated to give valid consent, or effectively resist the sexual contact, is a crime in California (PC 287(i)). For purposes of California criminal law, oral sex is called “oral copulation.” This article covers the law, punishments, and defenses related to California penal code § 287(i) [Oral Copulation on Intoxicated Victim]. Note: Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person (PC 287(a)). Medical terms for oral copulation include fellatio (mouth to penis), or cunnilingus (mouth to vagina). Slang terms for oral copulation for oral copulation include "analingus" (mouth to anus), “blowjob,” “oral sex,” and many more. PC 287(i) Law Per PC 287(i), a person who commits an act of oral copulation, where the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, is guilty of oral copulation on an intoxicated victim (PC 287(i) Abbrev.). Similarly, the jury instructions related to the crime of oral copulation on an intoxicated person states “oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person (Calcrim 1015). Note: Penetration of the sexual organ is not required to prove any oral copulation of an intoxicated victim. This is true even though the language of PC 287(i) uses the term “intercourse,” when defining oral copulation. Level of Intoxication: The law of penal code 287(i) does not use a Blood Alcohol Concentration (BAC) level to determine whether the victim is too intoxicated to consent or resist sexual touching. Rather, whether the victim is too intoxicated to voluntarily consent to sexual touching, or too intoxicated to resist a sexual touching, is determined by the facts and circumstances of the case. Example: John, who is feeling the effects of alcohol, sneaks into a bedroom at a house party. In the bedroom, John sees Sally, who is awake, but severely intoxicated. John knows that Sally is too intoxicated to understand what is happening or grant valid consent to sexual touching. Nevertheless, John decides to perform oral copulation on Salley. Sally does not complain during the oral copulation. Result: John may be charged with PC 287(i) and PC 243.4 (Sexual Battery). This is true even though Sally did not object to John sexual contact, because Sally was too intoxicated to validly consent or resist John. The fact that John is “feeling the effects” of alcohol himself is not a valid defense to oral copulation crimes. PC 287(i) Punishment Prison Sentence: Oral copulation upon an intoxicated person is charged as a felony in California. If found guilty of PC 287(i), the defendant could face up to three (3), six (6), or eight (8) years in a California state prison. A probation sentence without incarceration is not allowed in PC 287(i) cases. Note: Whether the court imposes a three (3) years prison sentence, a six (6) year prison sentence, or a eight (8) year prison sentence depends on the presence or absence of mitigating and aggravating factors, such as the defendant’s criminal history, the harm caused to victim, the level of remorse shown by the defendant, the relationship between the defendant and the victim, the terms of any negotiated plea bargain between the district attorney and the defense attorney, the level of sophistication related to defendant’s crime, and more. Example: After conviction for oral copulation of an intoxicated person, the court considers a “low term” prison sentence of three (3) years [“mitigated” prison sentence], a “midterm” prison sentence of six (6) years [“presumptive” prison sentence], or an eight (8) year prison sentence [“aggravated” prison sentence. The court finds that defendant took advantage of a position of trust when committing his crime. Therefore, the court decides the “aggravated” prison term of eight (8) years is most appropriate. Probation Sentence: A probation sentence, without or without a period of incarceration as a “term of probation” is not allowed in PC 287(i) cases. This means that any conviction for oral copulation of an intoxicated person results in some prison sentence. Also, no part of a PC 287(i) prison sentence may be “split,” or “suspended.” This means that the defendant must serve his or her full sentence in a California state prison, and no portion of that prison sentence may be served alternatively on an out-of-custody work release program (PC 1170(h) Sentencing). Sex Offender Registration: Per penal code 290, any conviction of an oral copulation crime results in mandatory sex offender registration with the DOJ. The length of sex offender registration in PC 287(i) cases is determined by the defendant’s risk of recidivism as determined on a Static-99 report. In any event, the length of sex offender registration after a PC 287(i) conviction is no less than twenty (20) years [Tier Two]. For more information, including the requirements related to sex offender registration, see PC 290 Requirements, Petition to Terminate Sex Offender Registration , CA Tier Levels for PC 290 Registrants , and Exclusion from Sex Offender Website ( PC 290.46 ). Three Strikes Law: Oral copulation upon an intoxicated victim is not a serious or violent crime, at least not as those terms are defined in the California penal code at 1192.7 and 667.5, respectively. This means that PC 287(i) is not a “strike” offense under California’s Three Strikes Sentencing Law. However, if the defendant has already suffered two prior “strike” convictions, and he or she is then convicted of PC 287(i), the PC 287(i) conviction may be considered a third “strike,” which can subject the defendant to life in prison. Crime Involving Moral Turpitude: Oral copulation on an intoxicated person is classified as a crime involving moral turpitude , or CIMT. A CIMT is any crime that is considered morally wrongs, as opposed to only statutorily wrong. CIMT, including penal code 287(i), carry additional punishments related to immigration status (deportation of non-US citizens), military service (discharge), licensed professionals (revocation or suspension of license), and more. Further Penalties: In addition to the punishments and penalties listed above, if found guilty of PC 287(i), the defendant could face civil lawsuits, criminal protective orders (CPO), court fines, court fees, court civil assessments, loss of family law rights, restitution orders in favor of victim, loss of voting rights, loss of firearm rights, long and harsh parole terms, and more. PC 287(i) Common Defenses Common defenses related to oral copulation of an intoxicated victim include evidence of false allegations, lack of sufficient evidence to prove victim could not reasonably consent or resist defendant, mistake of fact as to victim’s intoxication status, coerced confession rendered inadmissible, failure of police to read defendant’s “Miranda” Rights, statute of limitation , impeachment of victim’s version of event and/or scientific evidence , and more. For more information, see Defense Strategies in Criminal Sex Cases . Intoxication Defense: An intoxication defense is not ordinally allowed in oral copulation against an intoxicated person. However, if the defendant’s level of intoxication is to the degree that he or she did not understand the difference between right or wrong, or the defendant was so intoxicated at the time of his offense that he did appreciate the wrongfulness of his or her conduct, then an intoxication defense may apply (Same standard as used in insanity defense cases). Example: John and Wendy are both severely intoxicated. John’s intoxication level is the point where he does not understand the difference between right and wrong. Wendy is severely intoxicated, but not to the point where she does not understand the difference between right and wrong. Nevertheless, John and Wendy perform oral sex upon each other. Result: John might be allowed to use the intoxication defense against PC 287(i) charges, but Wendy should not be allowed to use the intoxication defense against her PC 287(i) charges. Note: Consent defense is not a defense to PC 287(i) charges for the reasons stated. However, if the victim is deemed sufficiently sober to voluntarily consent to oral copulation, or to reasonably and safely resist oral copulation, then consent is still an issue in the case. Example: John is charged with performing oral copulation on Sarah. Sarah claims she was too intoxicated to voluntarily consent to John’s sexual contact. The jury finds that Sarah was sufficiently sober to voluntarily consent, but also finds that Sarah did voluntarily consent to sexual contact. Result: John’s evidence that Sarah was not intoxicated to the point of rendering her incapable of consenting to oral copulation does not save him from a conviction, but the conviction might be reduced from a PC 287(i) to a PC 287(b)(1), a much less server oral copulation crime and possible even a misdemeanor crime (See PC 287(b)(1) ). Note: In order to consent, a person must act freely and voluntarily and know the nature of the act (Calcrim 1015). Also, evidence that the defendant and the oral copulation victim were dating or married is not enough, by itself, to constitute consent (Calcrim 1015). PC 287(i) Post-Conviction Relief After a conviction for oral copulation upon an intoxicated person, the defendant might have several post-conviction relief options, depending on the circumstances of the case. These include withdraw of a guilty or “no contest” plea, appeal the conviction , apply for termination of sex offender registration (limitations), petition the court for a certificate of rehabilitation (limited), or motion to exclude defendant’s name from Meagan’s law sex offender website ( PC 290.46 ). For more information on the California crime of oral copulation of an intoxicated person, or penal code 287(i), contact our sex crimes criminal defense attorneys today for a free consultation. Our highly skilled sex crimes defense lawyers offer free consultations with award-winning trial attorneys. Our success rate is second-to-none and we can help you too. Cal today! 909-913-3138 Related Articles (2025) Exclusion from PC 290 Website Oral Cop on Incompetent Person Rape in Concert & PC 264.1 Sexual Battery v. Sexual Assault PC 287(i) Oral Copulation of Intoxicated Victim: Law, Sentence & Defense

In California, oral copulation of an incompetent person is charged under penal code § 287(g). This overview discusses the law, punishments, and common defenses related to PC 287(g). For further information, contact our sex crimes criminal defense attorneys today for a free consultation. To begin, the term “oral copulation” is the act of copulating the mouth of one person with the sexual organ or anus of another person (PC 287(a)). “Copulating the mouth” is a reference to oral sex, or sexually motivated contact by the defendant to the genitals of another person. Medical terms for oral copulation are fellatio (mouth to penis) cunnilingus (mouth to vagina). Note: It is a crime to perform oral copulation against an incompetent person, or to have an incompetent person perform oral copulation on either the defendant, or a third person (PC 287(g)). PC 287(g) Law …any person who commits an act of oral copulation, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known, or reasonably should be known to the person committing the act, is guilty of oral copulation upon an incompetent victim (PC 287(g) Abbrev.). Note: PC 287(g) requires the district attorney to prove that the incompetent person was incapable of granting consent. This is true even if the incompetent person is already a conservatee under a legal guardianship (PC 287(g) Abbrev.). PC 287(g) Punishment Prison Sentence: Oral copulation upon an incompetent person is classified as a felony in California. If found guilty of oral copulation of an incompetent person, the defendant could face three (3), six (6), or eight (8) years in a California state prison. A probation sentence, without incarceration may be available in “special” PC 287(g) cases (See Probation Sentence). Prison Term Selected: Whether the defendant is sentenced to three (3), six (6), or eight (8) years of prison after a conviction for PC 287(g) depends on the facts and circumstances of the case. A criminal defense attorney will argue for the lowest prison term of three (3) years based on the presence of “mitigating” factors, while the district attorney will argue for the highest prison term of eight (8) years based on the presence of “aggravating” factors. Mitigating & Aggravating Factors: Mitigating and aggravating factors considered in sentencing for PC 287(g) cases include the defendant’s criminal history, the level of sophistication of the offense, the harm caused to the victim, the remorse shown by the defendant, the terms of any negotiated plea bargain between the district attorney and defense counsel, whether the defendant confessed early in the case, the level of mental or physical incompetence of the victim, and more. Probation Sentence: A probation sentence is a period of supervised release, as opposed to a prison sentence. Probation sentences are allowed in PC 287(g) cases, but only in “special” circumstances. What is considered to be “special” circumstances in any oral copulation upon an incompetent person case includes, but is not limited to, the defendant’s criminal history, the level of sophistication of the offense, the victim’s desire to prosecute the case, the relationship between the victim and the defendant, the likelihood of defendant’s repeat offense, the amenability of the defendant to obey the terms of probation, and more. Prison-Presumptive Felony: An incarceration related to a convicted for penal code 287(g) is served in a California state prison, as opposed to a local county jail. Additionally, no part of the defendant’s prison sentence may be served alternatively on work release or house arrest, and no part of the defendant’s prison sentence may be suspended (aka “Joint-Suspension” Sentence). Sex Offender Registration: A conviction for oral copulation upon an incompetent person will require the defendant to register as sex offender with the Department of Justice (DOJ). The length of registration as a sex offender in PC 287(g) cases depends on whether the defendant is classified as a tier two (20-year registration), or a tier three (lifetime registration). Note: Tier three sex offender registration is required in PC 287(g) cases where the defendant’s risk of repeat of offense is “high” as determined on a standardized test meant to gauge such risk (SARATSO & STATIC-99 risk evaluation examinations) For more information, see Petition to Terminate Sex Offender Registration ( PC 290.5 ), California’s Sex Offender Tier Level Registration ( PC 290(a)-(d) ), & Sex Offender Registration Requirements ( PC 290 ). Crime Involving Moral Turpitude: Oral copulation upon an incompetent person charged under penal code 287(g) is a crime involving moral turpitude, or CIMT. A crime involving moral turpitude is any offense that is morally wrong or involves deceit. A CIMT conviction carries additional direct and indirect negative consequences, including possible deportation for non-US citizens, revocation of a professional license for licensed professionals (i.e., doctors, dentists, lawyers, etc.), discharge from the armed services for military personnel. Three Strikes Law: Oral copulation on an incompetent victim is not a serious or violent crime, at least as those terms are defined in the California penal code at PC 1192.7 and 667.5, respectively. However, if the defendant has already suffered two prior strike convictions under California’s Three Strikes Law, then a conviction of PC 287(g) may be considered a third strike, which subjects the defendant to a possible life sentence. More Punishments: In addition to the punishment and penalties listed above, if found guilty of oral copulation on an incompetent person charged under PC 287(g), the defendant may suffer criminal protective orders in favor of the oral copulation victim, monetary restitution for any financial loss to the victim (therapist bills, medical bills, etc.), loss of firearm rights, civil lawsuits, loss of scholarship opportunities, harsh and lengthy parole terms and conditions, and more. PC 287(g) Common Defenses Common defenses related to oral copulation against an incompetent person charged under PC 287(g) include lack of corroborating evidence, insufficient evidence to prove defendant’s guilty beyond a reasonable doubt, reasonable mistake of fact as to the incompetent person’s status as an incompetent person, illegal search and seizure of evidence, coerced or non-Mirandized confession , and more. Statute of Limitations Defense: The statute of limitations is the period in which the district attorney must bring criminal charges against the defendant. Failure of the district attorney to comply with the statute of limitations in any case can lead to dismissal of the criminal charges. The statute of limitations in oral copulation cases charged under PC 287(g) cases do not begin until law enforcement or mandated reporters learn of the offense. For more information, see Statute of Limitations in CA Sex Crimes . Consent Defense: The defense of consent does not apply to oral copulation upon an incompetent person case. The reason for this is that an incompetent person is legally incapable of granting consent (See PC 287(g) Law Above). However, if the “victim” is deemed capable of granting consent, either by the court, or by the jury, then consent to oral copulation is still a factual issue to be decided. In other words, a person deemed capable of granting consent does not mean that person. in fact, granted consent to oral copulation. If you or a loved one is charged with a violation of California penal code 287(g), or oral copulation upon an incompetent victim, contact our sex crimes criminal defense attorneys today for a free consultation. Our highly experienced team of award-winning and successful criminal defense trial attorneys have handled hundreds of misdemeanor and felony sex crimes in the Inland Empire, and we can help you too. Call today! 909-913-3138 Related Topics (2025) Oral Cop with Unconscious Person Attempted Rape & PC 664/261 Continuous Sexual Abuse of Child Entice a Minor into Prostitution PC 287(g) oral cop of incompetent victim: Law, Punishment & Defense

Information on the California crime of oral copulation upon an unconscious victim is found at California penal code section § 287(f). This article details the law, punishments, and common defenses related to penal code 287(f). For further information, contact our sex crimes criminal defense lawyers today for a free consultation. PC 287(f) Law Any person who commits an act of oral copulation upon another person, who is unconscious of the nature of the act, and this is known to the person committing the act, is guilty of oral copulation upon an unconscious person (PC 287(f) Abbrev.). Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person (PC 287(a)). Technical language for oral copulation includes fellatio (oral copulation upon male genitalia) and cunnilingus (oral copulation upon female genitalia). Slang terms for oral copulation include “blowjob,” “oral sex,” and many more. “Unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions: Victim was unconscious or asleep (PC 287(f)(1)) Victim was not aware, knowing, perceiving, or cognizant that the act occurred (PC 287(f)(2)) Victim was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact (PC 287(f)(3)). Victim was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the oral copulation served a professional purpose when it served no professional purpose (PC 287(f)(4)). PC 287(f) Punishments Prison Sentence: Oral copulation on an unconscious person is classified as a felony. If found guilty of PC 287(f), the defendant may face up to three (3), six (6), or eight (8) years in prison. PC 287(f) incarceration length of 3, 6, or 8 years is either pre-determined by the terms of a negotiated plea bargain, or by the court after a criminal trial. Note: In PC 287(f) cases, when the incarceration length is not pre-determined by the terms of a negotiated plea, then the court must choose either the low term (3 years of prison), the mid-term (6 years of prison), or the high term (8 years of prison), depending on the presence or absence of any mitigating or aggravating factors and circumstances of the case. Probation Sentence: A probation sentence is not available after a conviction for oral copulation upon an unconscious person charged under PC 287(f). Additionally, a “suspended” prison sentence is not allowed in PC 287(f) cases. This means that if the defendant is convicted of oral copulation upon an unconscious person, either by plea or after trial, the defendant must serve a minimum three (3) years in a California state prison. Note: PC 287(f) is eligible for fifty percent (50%) reduction of the incarceration length if the defendant conducts himself or herself with “good behavior” while in prison. For example, if the defendant is sentenced to the mid-term sentence of six (6) years after a PC 287(f) conviction, then the defendant may be released after serving only three (3) years if the defendant conducts himself or herself with good behavior while in prison. Three Strikes Law: Oral copulation upon an unconscious person charged under PC 287(f) is not considered to be a serious or violent offense as those terms are defined in the California penal code at 667.5(c) and 1192.7, respectively. This means that PC 287(f) is not considered a “strike” under California’s Three Strikes Sentencing Law. However, if the defendant already has two “strike” convictions before his or her PC 287(f) conviction, then his or her PC 287(f) conviction may be considered a third strike, which subjects the defendant to a life sentence. Sex Offender Registration: Oral copulation upon an unconscious person charged under PC 287(f) is crime for which registration as a sex offender is mandatory upon conviction (PC 290). The length of sex offender registration for PC 287(f) is either twenty (20) years [Tier 2], or for life [Tier 3], depending on several factors, including the risk of re-offense as determined by a SARATSO score. For more information, see Sex Offender Registration Requirements ( PC 290 ), Tier Level for Sex Offender Registration ( PC 290(a)-(d) ), and Termination of Sex Offender Registration ( PC 290.5 ). CIMT Offense: The crime of oral copulation upon an unconscious person is considered a crime involving moral turpitude, or CIMT. A CIMT conviction, including PC 287(f) convictions, carry additional indirect punishments related to military service (discharge or denial of entry), professional licensure (revocation or denial of professional license), and immigration status (deportation, removal, or denial of citizenship). Firearm Rights: A conviction for oral copulation on an unconscious victim charged as penal code 287(f) will require the defendant to relinquish his or her firearms and ammunition for life. Additionally, the defendant may own or possess any firearms for the remainder of his or her life (subject to restoration of firearm rights after successful certificate of rehabilitation). Additional Punishment: In addition to the punishments listed above, a conviction for PC 287(f) will results in court fines and fees, restitution to victim(s), criminal protective orders in favor of victim(s), civil lawsuits against the defendant, loss of family law rights, loss of scholarship opportunities, harsh and length parole terms after prison, and more. PC 287(f) Common Defenses Every oral copulation crime is unique in terms of the circumstances and facts of the case. This means that every PC 287(f) case requires different defense strategies. With this in mind, common defense strategies in PC 287(f) cases include lack of sufficient evidence to prove oral copulation occurred, coerced confession of the defendant, failure to Mirandize the defendant before custodial questioning, insanity defense, alibi defense, illegal search and seizure of evidence , and more. Note: The defense of consent is not available in PC 287(f) cases as the unconscious person is incapable of giving consent to sexual contact. Additionally, the statute of limitations defense is rarely used in oral copulation against an unconscious person as the statute of limitations is extended for very long periods of time in most cases. For more information, see Statute of Limitations in Sex Cases . For more information see Defense Strategies in Criminal Sex Cases . If you or a loved one is charged with a violation of California penal code section 287(f), or oral copulation with an unconscious victim, contact our sex crimes criminal defense attorneys today for a free consultation. Our team of aggressive and highly successful criminal defense trial attorneys have successfully handled hundreds of sex crimes in San Bernardino and Riverside County, and we can help you too. Call today! 909-913-3138 Related Articles (2025) PC 287(c) Oral Copulation PC 287(b) Oral Copulation Probation & Parole for Sex Crimes Static-99 & PC 288.1 Evaluation PC 287(f) Oral Copulation Upon Unconscious Victim: Law, Sentence, & Defense

California oral copulation crimes charged under penal code § 287(C) are among the most serious and violent sex crimes. This article is an overview of the laws, punishments, and common defenses related to oral copulation crimes charged under PC 287(C). For further information, please contact our sex crimes criminal defense attorneys for a free consultation. Oral copulation is defined as the act of copulating the mouth of one person with the sexual organ or anus of another person . (PC 287(a)). To “copulate” means sexual intercourse, but as used in the oral copulation statute, copulate means to sexually contact the mouth of one person to the genitals of another person . “Sexually contact” simply means for sexual pleasure. Note: The term oral copulation is the criminal law legal term for fellatio and cunnilingus. Fellatio is the oral copulation of a male (mouth to penis) and cunnilingus is the oral copulation of a female (mouth to vagina). Slang terms for oral copulation include “oral sex,” “blowjob,” and many more. PC 287(C) Laws Oral copulation charged under penal code 287(C) is divided into several specific charges: …a defendant who participates in an act of oral copulation with another person who is under fourteen (14) years of age and more than ten (10) years younger than the defendant, is guilty of oral copulation upon a child under fourteen (14) [PC 287(c)(1) Abbrev.). …a defendant who commits an act of oral copulation when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person… is guilty of oral copulation by force or fear (PC 287(c)(2)(A) Abbrev.). …a defendant who commits an act of oral copulation upon a child who is under fourteen (14) years of age, when the act is accomplished against the child’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the child, or another person, is guilty of oral copulation on a child under fourteen by force (14) [PC 287(c)(2)(B) Abbrev.]. …a defendant who commits an act of oral copulation upon a minor who is fourteen (14) years of age or older, when the act is accomplished against the minor’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the minor or another person, is guilty of oral copulation on a minor fourteen (14) years of age or older by force or fear (PC 287(c)(2)(C) Abbrev.). …a defendant who commits an act of oral copulation where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, is guilty of oral copulation by threatening to retaliate (PC 287(c)(3) Abbrev.). Note: For PC 287(c)(3), “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death (PC 287(l)). PC 287(c) Punishments All oral copulation crimes charged under penal code § 287(c) are classified as felony offense. A felony offense is a classification of crimes that are more serious than misdemeanor offenses. Incarceration for felony offenses, if any, is usually served in a California state prison, as opposed to a local county jail, and the length of incarceration is generally much longer than the length of incarceration, if any, related to misdemeanor offenses. PC 287(c)(1) Prison sentence: If found guilty or oral copulation upon a child under fourteen (14) [PC 287(c)(1)], the defendant may face up to three (3) years, six (6) years, or eight (8) years in prison. A probation sentence, as opposed to a prison sentence, may be available after a PC 287(c)(1) conviction in “special circumstances.” (See Probation Sentence). PC 287(c)(2)(A) Prison Sentence: If found guilty of oral copulation by force or fear (PC 287(c)(2)(A)), the defendant may face up to three (3) years, six (6) years, or eight (8) years in prison. A probation sentence is not available after a conviction for PC 287(c)(2)(A). PC 287(c)(2)(B) Prison Sentence: If found guilty of oral copulation on a child under fourteen (14) by force (PC 287(c)(2)(B)), the defendant may face up to eight (8) years, ten (10) years, or twelve (12) years in prison. A probation sentence is not available after a conviction for PC 287(c)(2)(B). PC 287(c)(2)(C) Prison Sentence: If found guilty of oral copulation on a minor fourteen (14) years of age or older by force or fear (PC 287(c)(2)(C), the defendant may face up to six (6) years, eight (8) years, or ten (10) years in prison. A probation sentence is not available after a conviction for PC 287(c)(2)(C). Prison Term Selected: In PC 287(c) cases, the judge has the option of the low term (aka “mitigated” term), mid-term (“presumptive” term), or high term (aka “aggravated” term) of imprisonment. The prison term that the judge chooses after a PC 287(c) conviction depends on the presence or absence of any mitigating or aggravating factors related to the case. For example, for PC 287(c)(2)(A) cases, the judge may decide that the convicted defendant deserves the low term of six (6) years of prison because the defendant has no criminal history prior to his oral copulation conviction (no criminal history is a factor that is considered in determining sentencing in PC 287(c) cases). Mitigating and Aggravating Factors: The mitigating and aggravating factors that help decide what prison sentence to impose after a PC 287(c) conviction include, but are not limited to, the following: the criminal history of the defendant, the amount of harm to victim, the remorse shown by defendant, the level of sophistication of the offense, and the desire for prosecution by the victim. Probation Sentence: A probation sentence is a period of supervised release, as opposed to a prison sentence. A probation sentence is not allowed after a conviction for most penal code 287(c) crimes; however, per PC 287(c)(1), if the defendant is convicted of oral copulation against an adult, without consent, but also without force or fear, then a probation sentence may be allowed in “special” cases. What determines a “special” case for purposes of probation sentencing in PC 287(c)(1) cases is determined on a case-by-case basis. Prison-Presumptive Sentence: Incarceration for PC 287(c) convictions require a prison sentence, as opposed to a county jail sentence. There is an exception to the prison-presumptive sentence for PC 287(c)(1) cases where probation is allowed in unusual cases (See Probation Sentence). In these PC 287(c)(1) cases, the judge may order a local county jail term as a condition of felony probation. Additionally, the prison sentence related to oral copulation crimes charged under PC 287(c) may neither be “suspended” (aka “joint-suspended prison sentence”), nor split (served partially out of prison on work release). Note: Good-conduct credits are reduced for oral copulation crimes charged under PC 287(c). Inmates serving a sentence for any penal code 287(c) conviction must serve at least eight five percent (85%) of his or her prison sentence. In other words, if the prison inmate conducts himself or herself with good behavior while in prison, then he or she may have his or her PC 287(c) prison sentence reduced by up to fifteen percent (15%). Sex Offender Registration: All oral copulation offenses, including PC 287(c) crimes, are subject to mandatory sex offender registration. Sex offender registration requires the defendant to register as such with the Department of Justice. The length of registration for PC 287(c) crimes is either twenty (20) years (Tier 2), or life (Tier 3). For more information, see Sex Offender Registration Requirements ( PC 290 ), Sex Offender Registration Tier System ( PC 290(a)-(d) ), & Termination of Sex Offender Registration ( PC 290.5 ). CA Three Strikes Law: All oral copulation crimes charged under PC 287(c) are classified as “strike” offenses under California’s Three Strikes Law. Additionally, all felony oral copulation crimes are classified as serious offenses (PC 1192.7), and violent offenses (PC 667.5). Moral Turpitude Crime: Oral copulation crimes charged under PC 287(c) are called “crimes involving moral turpitude.” A crime involving moral turpitude is any crime that involves dishonesty or is otherwise morally wrong. Crimes involving moral turpitude, including PC 287(c) crimes, carry special indirect punishment for defendant as it relates to immigration consequences (deportation, denial of citizenship), licensed professional (denial or revocation or license), and military personnel (discharge, denial of entry). Criminal Protective Orders: A criminal protective order is a restraining order that is produced in criminal court. It is intended to protect the victim of crime from the defendant’s conduct and contact. In PC 287(c) oral copulation crimes, the defendant is almost always restrained from contacting the victim. This is true even in cases where a family member is the oral copulation victim. Additional Punishments: In addition to the punishments listed above, if the defendant is convicted of oral copulation charged under PC 287(c), he or she will also be ordered to pay court fines and fees, suffer long and harsh probation or parole terms (if available), suffer civil lawsuits, lose scholastic opportunities, lose family law rights to child custody and visitation, lose firearm rights, and more. PC 287(c) Common Defenses Every oral copulation allegation is supported by different facts and circumstances; therefore, the defense to every oral copulation is different. Common defenses to oral copulation crimes charged under PC 287(c) include consent (applies only to PC 287(c)(2)(A)), illegal search and seizure, failure to Mirandize client before confession, coerced confession, insufficient evidence to prove guilty, impeachment of “victim’s” recitation of facts or scientific evidence, statute of limitations (very limited in most PC 287(c) oral copulation crimes), and more. For further information, see Defenses to Sex Crimes . For more information on the crime of oral copulation, charged under California penal code section 287(c), contact our sex crimes criminal defense attorneys today for a free consultation. Our team of dedicated and award-winning attorneys will aggressively pursue the best outcome for you case. We have successfully handled hundreds of sex crimes in the Inland Empire over the last fourteen (14) years and we can help you too. Call today! 909-913-3138 Additional Reading (2025) PC 288(a) Law & Defense Sexual Penetration Crimes Statutory Rape & PC 261.5 Contact Minor for Lewd Act PC 287(c) Oral Copulation Crimes: Law, Punishment & Defense