Definition
Oral Copulation under California Penal Code Section 288 A, is a criminal offense and it is normally filed as either a misdemeanor or felony. Oral Copulation happens when anyone performs the act of copulating (see below under elements of the crime for what this means). It is a more severe crime if it is committed with a minor and punishments will vary, based on the age difference between the victim and the defendant.
Elements of the Crime
In order to take an Oral Copulation CPC 288 A case to trial, certain elements of the crime will have to be proven. These include:
· That the defendant used their mouth on the privates or anus of someone else
· Or vice versa – The defendant placed their privates on someone’s lips
- If aggression, menace or trepidation was used to commit this act, fines are normally increased
Punishments for CPC 288 A
These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, the severity of injuries, and also an individual’s criminal history.
When found guilty of Oral Copulation, it is usually filed as either a misdemeanor or felony, which includes the possibility of registering as a sex offender and:
As a misdemeanor, charges include up to one year in jail
As a felony, charges include between sixteen months to twelve years in prison
Legal Defenses for California Penal Code 288 A
A good lawyer can present many legal and valid defenses for Oral Copulation charges under California Penal Code 288 A to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended those who were falsely accused of Oral Copulation . Call (949) 250-6097 to speak to a lawyer, should you be on trial for Oral Copulation .
Learn more about other California Section Penal Codes here.
