Sodomy, in legal terms, refers to a sexual act involving any penetration with the penis of one person into the anus of another. The duration or extent of this penetration does not matter legally; ejaculation is not necessary.

California Penal Code 286 PC criminalizes sodomy under specific circumstances, such as when an adult engages in sodomy with a minor or uses force, fear, or threats.

The law defines PC 286 as: "Sodomy is sexual conduct involving contact between the penis of one person and the anus of another. Any degree of sexual penetration, even if minor, fulfills the crime of sodomy."

An example of illegal sodomy is when a man engages in anal sex with a woman after threatening harm if she doesn't consent. Violating this law is a serious offense that can result in state prison time. PC 286 may be charged as either a misdemeanor or a felony, commonly referred to as a "wobbler."

The law considers sodomy a sexual offense depending on the victim's age and consent. When two adults agree to the act, it is not considered a crime. However, under what conditions does it become illegal? Our California sex crime lawyers will clarify this below.

When is Sodomy Classified as a Crime?

Sodomy is considered a crime only when certain relevant factors determine it as such. It must involve consenting adults. Additionally, individuals who give legal consent must do so voluntarily and fully understand the nature of the act. In California, Penal Code 286 specifies the criteria that define when sodomy is illegal.

For example, this could involve cases where a minor was subjected to sodomy by an adult using threats, intimidation, or force. Additional examples of illegal acts of sodomy are provided below:

• Penal Code 286(b)(1) pertains to engaging in sodomy with a minor under 18.
• Penal Code 286(b)(2) applies if you are over 21 and engage in sodomy with someone under 16.
• Under Penal Code 286(c)(1), engaging in sodomy with someone under 14, where the age difference exceeds ten years, is a violation.
• Penal Code 286(c)(2)(A) addresses acts of sodomy committed against the victim's will through force, violence, duress, menace, or fear.
• Penal Code 286(c)(2)(B) pertains to acts of sodomy with a person under 14 when committed against their will through force, violence, coercion, or intimidation.
• Penal Code 286(c)(3) addresses acts of sodomy committed by threatening future retaliation against the victim or another person.
• Penal Code 286(d)(1) applies if you conspired with someone else to commit acts of sodomy against the victim's will, using force or threats.
• Penal Code 286(f) applies when the act is committed against a person unable to give consent, such as someone unconscious or incapacitated due to mental disorders or physical disabilities that make them similarly unable to consent.

Other similar laws may apply to charges of illegal acts of sodomy when an individual is compelled to commit the act under duress, such as being threatened, intimidated, or physically assaulted by another person, including situations where the act occurs between fellow prison or jail inmates.

What Are the Potential Penalties If You Are Convicted?

Some sodomy offenses are considered wobblers. Wobblers are offenses that may be charged as misdemeanors or felonies, depending on the facts of the case and other factors, such as prior criminal history.

A sodomy charge qualifies as a wobbler when the act is committed with a minor, according to Penal Code 286b1 PC, or involves other inmates in jail or prison, as specified by Penal Code 286e PC.

If the prosecutor charges the crime as a misdemeanor, the potential punishment is up to one year in jail.

A felony charge, however, can result in up to three years in prison. In most cases, regardless of whether the sodomy charge is a misdemeanor or a felony, a conviction usually requires the individual to register as a sex offender in California.

Except as noted above, all other violations of PC 286 are classified as immediate felonies, punishable by prison terms that may span years. The exact duration of imprisonment depends on the details of each case.

Civil Lawsuits for Victims

Even if the defendant is acquitted of sodomy charges, a party who perceives themselves as a victim of sodomy can still pursue a civil lawsuit to seek compensation for expenses like medical bills, counseling, pain and suffering, mental anguish, and lost wages.

A civil lawsuit can be initiated even if no criminal charges were brought. Civil lawsuits are separate and independent of criminal proceedings. However, a criminal conviction may be used as evidence of civil liability if a civil suit is filed for sodomy allegations. Each case depends on its specific facts.

What Are Some Related Crimes?

In California, several main criminal charges involve criminal sodomy, including:

• Penal Code 261 PC - rape.
• Penal Code 261.5 PC -  pertains to statutory rape.
• Penal Code 264.1 PC - charge for gang rape.
• Penal Code 243.4 PC - sexual battery,
• Penal Code 288 PC - engaging in lewd acts with a minor child.
• Penal Code 288.5 PC - continuous sexual abuse of a child.
• Penal Code 289 PC  -  definition of foreign object penetration.

Although a sodomy charge can be classified as either a misdemeanor or a felony, rape is consistently prosecuted as a criminal felony, carrying a potential sentence of up to eight years in prison.

What Types of Defenses Can Be Used? 

A thorough criminal investigation must be conducted, and sufficient evidence must be presented to support the use of false allegations as a defense.

Likewise, it can be argued that consent was given to the defendant at the time. If force is claimed, then we might argue there was consent, which could be demonstrated by showing a prior relationship with the victim or medical records indicating no physical evidence of trauma in the anal area.

We might argue there was an age mistake if the victim is 14 or older and either lied about their age or seemed physically older. Alternatively, we could claim there was no anal penetration.

To convict someone of sodomy, the prosecution must prove beyond a reasonable doubt that there was some penetration or contact between the defendant's penis and the victim's anus.

We may be able to persuade the prosecutor to forgo filing formal criminal charges through prefiling intervention or by negotiating to reduce or dismiss the charges. Contact the Hedding Law Firm for a case review.