Penal Code 287 PC - Oral Copulation by Force or Fear
California Penal Code 287 PC defines oral copulation by force or fear as non-consensual contact between someone's mouth and another person's genitals or anus.
This felony sex crime is punishable by three, six, or eight years in state prison and sex registration as a tier-three offender. Simply put, this law makes it illegal for anyone to forcefully or fearfully cause another person's mouth to come into contact with their genitals or anus.
PC 287(a) says, “Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.”
(2)(A) Any person who commits an act of oral copulation when the act is accomplished 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 shall be punished by imprisonment in the state prison for three, six, or eight years.”
(d)(1) Any person who, while voluntarily acting in concert with another person, either personally or by aiding and abetting that other person, commits an act of oral copulation (A) when the act is accomplished against the victim's will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, or (B) where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat…”
You could also be charged under Penal Code PC 287 PC oral copulation with someone when they are unable to give consent because they are:
- Too intoxicated to resist,
- Unconscious of the nature of the act, or
- Suffer from a mental disorder or developmental or physical disability.
You could face similar charges if the act or oral copulation were accomplished by making threats to retaliate in the future against the victim or another person, and there is a reasonable chance the perpetrator will execute the threat. (PC 287(a)(3).
What is Oral Copulation by Force or Fear?
As noted, California Penal Code 287 PC defines oral copulation by force or fear as non-consensual contact between someone's mouth and another person's anus or genitals when force, violence, duress, menace, fear, or threat is used.
To convict you, the district attorney must prove several factors beyond a reasonable doubt, called the “elements of the crime,” including the following:
- You committed an act of oral copulation on another person, which is the contact between someone's mouth and another person's anus or genitals. Penetration is not required.
- That person did not consent to the sex act. It also applies in situations where the victim resisted or they were legally unable to consent due to being too intoxicated, unconscious, or disabled.
- You used force, violence, duress, menace, fear of immediate and unlawful bodily injury to the person, or a threat to retaliate against someone. This includes any physical force or psychological duress to make another person do something they would not otherwise do.
What are Related Crimes?
California has several crimes related to Penal Code 287 PC oral copulation by force or fear, such as the following:
- Penal Code 287 PC oral copulation with a minor. This is oral sex with someone under the age of 18, regardless of consent.
- Penal Code 261.5 PC statutory rape. This is sexual intercourse with someone under the age of 18, regardless of consent.
- Penal Code 261 PC rape. This is non-consensual sexual intercourse.
- Penal Code 288 PC lewd acts with a minor. This is touching a minor under the age of 14 for sexual purposes.
- Penal Code 243.4 sexual battery. This is touching someone's intimate parts without consent for sexual gratification, arousal, or abuse.
What are the Penalties?
Penal Code 287 PC oral copulation by force or fear is a felony. If convicted, you could face the following penalties:
- Three, six, or eight years in state prison or
- A fine of up to $10,000.
If the victim was under 14 when the crime occurred, the penalties for oral copulation of a minor include the following:
- Eight, ten, or 12 years in state prison or
- A fine of up to $10,000.
Suppose the victim was between the ages of 14 to 17. In that case, the state prison sentence is six, eight, or ten years.
The judge could grant formal probation only if the victim were disabled, but probation is not an option in cases where force or fear was used or if the victim was unconscious or intoxicated.
Oral copulation by force or fear in concert
Suppose you were convicted of oral copulation by force acting with at least one other person, called “in concert.” Notably, you do not have to be an active participant in the oral copulation, rather only that you aided someone. In that case, you could face the following punishments:
- Five, seven, or nine years if the victim was over 18,
- Eight, ten, or twelve years if the victim was between 14 and 17,
- Ten, 12, or 14 years if the victim was under 14.
Sex offender registration
A conviction of PC 287 oral copulation by force or fear will trigger a mandatory requirement to register for life as a tier three sex offender.
This registration must be renewed annually within five working days of your birthday and every time you move to a new location. If you fail to register, you could face a separate felony charge for failing to register as a sex offender.
What are the Best Defenses?
If you are accused of PC 287 oral copulation by force or fear, our California sex crime defense lawyers can utilize different strategies, such as the following:
- Alleged victim gave consent,
- Insufficient evidence,
- Mistaken identification,
- False allegation,
- Coerced confession,
- Statute of limitations.
Perhaps we can argue that the alleged victim consented to oral copulation. Often, the issue of consent is the most common defense. You are not guilty if you reasonably believe that they had consented. A lack of consent can be difficult to prove beyond a reasonable doubt as it could be one person's word against another's without physical evidence or witnesses.
California Penal Code 261.6 PC says, "(a) In prosecutions under Section 261, 286, 287, or 289, or former Section 262 or 288a, in which consent is at issue, “consent” means positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.
(b) A current or previous dating or marital relationship is not sufficient to constitute consent if consent is at issue in a prosecution under Section 261, 286, 287, or 289, or former Section 262 or 288a. (c) This section shall not affect the admissibility of evidence or the burden of proof on the issue of consent."
Perhaps we can argue that there is insufficient evidence of guilt beyond a reasonable doubt because oral copulation by force or fear does not always produce physical evidence.
Perhaps we can persuade the district attorney that the case is too weak to prosecute after we conduct an independent investigation. Perhaps we can argue that the allegations are false and were made by someone out of anger after a relationship breakup or during a child custody battle. Maybe we can show that police used overbearing tactics, resulting in a coerced confession.
Perhaps we can argue that the statute of limitations has expired, which is the amount of time the DA has to file criminal charges against you.
If the victim was 18 or older when the offense occurred, the statute of limitations is ten years after the alleged oral copulation. If the victim was under 18 when the offenses occurred, the statute of limitations ends when the victim turns 40, but there are some exceptions. Contact us for more information. The Hedding Law Firm is based in Los Angeles, CA.
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