California Penal Code Section 288 A

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.