California Penal Code 287: Oral Copulation of a minor

Legal Definition: Formally known under PC 287, oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required. It is NOT a defense to the charge if the minor consents to the act. That is because the age of consent in California is 18, therefore a minor cannot legally consent to an act of oral copulation with someone over the age of 18.

For a person to be convicted of a violation of PC 287, the prosecution must prove the following:

1. The defendant participated in an act of oral copulation with another person;

AND

2. The other person was under the age of 18 when the act was committed.

https://www.youtube.com/watch?v=s2-P2A5b_Pg

What does this mean?

This charge requires an act of oral copulation by either performing it on the minor or the minor performing the act on you. Age is extremely important here, even a person who is 18 years old having a dating relationship with a 17-year-old whom he goes to high school with, can be found guilty of the charge of oral copulation of a minor.

Penalties

If you are convicted of a violation of PC 287(b)(1), you could face up to one year in county jail if charged under this section as a felony offense. If you are charged with this section as a felony, you could face upwards of 16 months, 2, or three years in State Prison.

Under PC 287(b)(2) you are over the age of 21, and the other person is under 16 years old, you could be sentenced to State Prison for upwards of 16 months, two or three years if charged as a felony under this section. This means, this section is not a wobbler offense, like the PC 287(a), and you can only be charged here as a felony offense.

For any conviction under this section, you would serve 50% of your actual sentence. You would be required to register as a Sex Offender for 10 years as a Tier 1 Offender. This is one of the rare offenses under PC 287 where the crime is considered a “wobbler” offense. A wobbler offense is one that, based on certain mitigating or aggravating facts, can be charged as a misdemeanor offense, or a felony offense.

Other relevant violations under this section

1. PC 287(c)(1)

Legal Definition: In addition to the above offense, the charges can get much more severe if the minor is under the age of 14 years old, and you are more than 10 years older than the minor.

Penalties: If you are convicted of a violation of PC 287(c)(1), you could be sentenced to State Prison for upwards of 3, 6, or 8 years where you must serve 85% of that sentence in a State Prison, not a local county jail. You would also be required to register as a Sex Offender for 20 years as a Tier II offender. 

2. PC 287(c)(2)(A)

Legal Definition: If the above act is committed against the minor 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, the sentence is much harsher as well.

Penalties: If you are convicted of a violation of PC 287(c)(2)(A), you could be sentenced to State Prison for upwards of 3, 6, or 8 years where you must serve 85% of that sentence in a State Prison, not a local county jail. You would also be required to register as a Sex Offender for 20 years as a Tier II offender. This is also considered a serious and violent felony under California Law, and you would also receive a Strike on your record under the Three Strikes Law.

3. PC 287(c)(2)(B)

Legal Definition: If the above act is committed against the minor, who is under 14 years of age, and it is 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, the sentence is much harsher as well.

Penalties: If you are convicted of a violation of PC 287(c)(2)(B), you could be sentenced to State Prison for upwards of 8, 10, or 12 years where you must serve 85% of that sentence in a State Prison, not a local county jail. You would also be required to register as a Sex Offender for 20 years as a Tier II offender. This is also considered a serious and violent felony under California Law, and you would also receive a Strike on your record under the Three Strikes Law.

4. PC 287(c)(2)(C)

Legal Definition: If the above act is committed against the minor, who is 14 years of age, and it is 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, the sentence is much harsher as well

Penalties: If you are convicted of a violation of PC 287(c)(2)(B), you could be sentenced to State Prison for upwards of 6, 8, or 10 years where you must serve 85% of that sentence in a State Prison, not a local county jail. You would also be required to register as a Sex Offender for 20 years as a Tier II offender. This is also considered a serious and violent felony under California Law, and you would also receive a Strike on your record under the Three Strikes Law.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Reasonable Mistake as to Age
4. Violation of your Rights
5. False Accusations
6. Coerced Confessions

Using the common defense of a mistaken belief as to the victim’s age is important. Understand that the good faith belief must in fact be reasonable. If it is clear that you are speaking to a 12-year-old child. then you cannot later claim you did not know their age. Further, if age is ever discussed between you and the minor, then know that will come up, and you will be convicted of knowingly engaging in oral copulation with a minor. This offense does happen often on dating sites, where the minor misrepresents their age, and they look close enough to that age that it isn’t something questioned. This is a successful use of defense, as you did, at the time, have a reasonable mistake as to the victim’s age at the time of the act.

Call Today

Charges under PC 287 are among the most serious within the realm of sex crimes, with significant legal and personal consequences. These charges frequently involve situations where individuals close in age, such as an 18-year-old high school student, engage in relationships with minors, leading to complex legal challenges. It’s crucial to understand that consent does not serve as a defense under these circumstances, nor does parental approval of the relationship negate the severity of the charge. The potential requirement for sex offender registration can have devastating, lifelong effects.

In such sensitive and complex cases, the expertise of a specialized Sex Crimes attorney is indispensable. At Inland Empire Criminal Defense, our Ontario-based attorney is deeply experienced in defending against charges under PC 287 and brings a focused specialization to sex crime defenses. We understand the stakes and are dedicated to navigating the legal system to protect your rights and future.

Why Choose Inland Empire Criminal Defense for PC 287 Cases?

• Specialized in Sex Crimes Defense: Our attorney’s extensive experience and personal specialization in sex crimes, including PC 287, provide you with a knowledgeable and strategic defense.
• Successful Defense Track Record: Having successfully defended numerous cases under PC 287, we bring proven strategies and insights to your defense, aiming to mitigate the charges and their impact on your life.
• Committed to Your Defense: Recognizing the serious implications of these charges, we’re dedicated to offering vigorous legal representation, exploring every avenue to prevent a conviction and the requirement for sex offender registration.

Start Your Defense with Inland Empire Criminal Defense

Facing charges under PC 287 demands immediate and strategic legal action. Located in Ontario, CA, Inland Empire Criminal Defense is ready to provide the specialized legal representation required to confront these allegations effectively.

Contact Inland Empire Criminal Defense Today

If you or someone you know is facing charges under PC 287, don’t hesitate to seek the expert legal support you need. Contact Inland Empire Criminal Defense at 909-939-7126 for a free initial consultation. Our team is available 24/7 to answer your questions and to begin building a comprehensive defense strategy focused on safeguarding your rights and your future.