Definition

Sodomy under California Penal Code Section 286, is a criminal offense and it is normally filed as either a felony or misdemeanor. Sodomy is when someone knowingly has anal sex with someone against their will, and the person was either a child; disabled (whether mentally, or physically); or under the influence of alcohol or drugs.

Elements of the Crime

In order to take an Sodomy CPC 286 case to trial, certain elements of the crime will have to be proven. This includes:

·         That the defendant had anal sex with an individual who never agreed to this act

·         That the defendant exercised force or violence

·         The victim was either:

o   A child (under 18)

o   A disabled person

o   A person under the influence of drugs or alcohol

Punishments for CPC 286

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Sodomy, it is usually filed as either a misdemeanor or felony, which includes:

Misdemeanor charges for Sodomy include up to one year in jail, and up to one thousand dollars in fines

Felony charges for Sodomy include sixteen months, two or three years in prison, and up to ten thousand dollars in fines.

Legal Defenses for California Penal Code 286

A good lawyer can present many legal and valid defenses for Sodomy charges under California Penal Code 286 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Sodomy. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Sodomy.

Learn more about other California Section Penal Codes here.