Penal Code 287 PC | Oral Copulation with a Minor

Penal Code 287 PC - Oral Copulation with a Minor

California Penal Code 287 PC makes it a crime to engage in oral copulation with a minor under 18, which is defined as any contact between someone's mouth with another person's penis, vagina, or anus.

Notably, even in a situation where oral copulation with the minor was consensual, it's still a crime because minors can't legally give sexual consent. It also applies when both people in the sexual engagement are minors.

Suppose you have oral sex with a minor who is intoxicated or has a mental disability. In that case, you could face the more serious charges of oral copulation by force or fear.

PC 287 also prohibits oral copulation with anyone using force, fear, violence, menace, and duress. A conviction carries up to eight years in state prison and possible sex offender registration. The judge is given discretion not to order sex registration if the minor is at least 14 and you were not more than ten years older than the minor.

PC 287 says, “(a) Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.

(b)(1) Except as provided in Section 288, any person who participates in the act of oral copulation with another person who is under 18 years of age shall be punished by imprisonment in the state prison or county jail for a period of not more than one year.

(2) Except as provided in Section 288, any person over 21 years of age who participates in an act of oral copulation with another person who is under 16 years of age is guilty of a felony.

(c)(1) Any person who participates in an act of oral copulation with another person who is under 14 years of age and more than ten years younger than the defendant shall be punished by imprisonment in the state prison for three, six, or eight years.”

Oral Copulation with Minor – Quick Facts

There are some essential facts you should know about oral copulation with a minor law defined under California Penal Code 287 PC, such as the following:

Penal Code 288a PC oral copulation with a minor was changed to PC 287 on January 1, 2019, as part of California Senate Bill 1494.
It's a crime to engage in oral copulation with anyone under the age of 18, even when the engagement is consensual.
Prosecuting two teenagers engaging in consensual oral sex is rare but could happen under the juvenile court system.
“Oral copulation” is any contact between one person's mouth and the sex organs or anus of another, regardless of whether there was penetration, ejaculation, or an orgasm.
A determining factor in whether oral copulation is a crime is the victim's and defendant's ages. The age difference and whether force was used determines the severity of the crime.
PC 287 applies to oral copulation with ANY person when accomplished using force, violence, or fear. This wobbler can be filed as a misdemeanor or felony, depending on the parties' ages.
Oral copulation with a minor is in the same category as Penal Code 288 PC lewd or lascivious acts on a child.
Sex registration could be ordered but not mandatory.
The statute of limitations in California for oral copulation with a minor expires when the victim turns 40 years old, but charges could still be filed under some limited circumstances.

What Are the Penalties for PC 287?

Suppose you are convicted of violating Penal Code 287 oral copulation with a minor law. In that case, the penalties will vary based on your age and the minor's age when the act occurred, as discussed below.

If you are 21 or younger and the victim was 16 or older, it's a wobbler that can be filed as a misdemeanor or felony based on the case details and your criminal record. A misdemeanor oral copulation with a minor conviction carries the following penalties:

Up to one year in county jail,
A fine up to $1,000,
Summary probation.

A PC 287 felony conviction will carry the following penalties:

16 months, two or three years in state prison,
A fine of up to $10,000,
Formal probation.

If you are over 21 and the victim is under 16 when oral copulation occurs, it's always a felony crime carrying the same felony penalties listed above. If the victim was 14 or younger and you were more than ten years older, it's also a felony, and the sentence can increase to three, six, or eight years in state prison.

What Are the Penalties for Force?

Suppose the act of oral copulation was against the victim's will, and you used force, violence, or fear to coerce the victim. In that case, it's a felony carrying the following penalties:

Up to 12 years in state prison.
If the victim suffers a bodily injury or harm during the incident, the penalty carries 10 to 14 years in state prison.

Section (2)(A) of Penal Code 287 PC says, “Any person who commits an act of oral copulation when the act is accomplished against the victim's will using 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.

Penal Code 287 PC - Oral Copulation with a Minor

Oral copulation with a minor using force, fear, or violence carries more severe penalties.

(B) Any person who commits an act of oral copulation upon a person who is under 14 years of age 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 8, 10, or 12 years.

(C) Any person who commits an act of oral copulation upon a minor who is 14 years of age or older 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 6, 8, or 10 years.

(3) Any person who commits an act of oral copulation 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, shall be punished by imprisonment in the state prison for three, six, or eight years.

(f) Any person who commits an act of oral copulation, and the victim is at the time unconscious of the nature of the act, and this is known to the person committing the act, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting.”

Sex Offender Registration

Since California Penal Code 287 PC oral copulation with a minor is a sex crime, you might be ordered to register as a sex offender. If the victim was 14 and within ten years of your age, the judge has the discretion not to order sex offender registration.

However, in most PC 287 cases, you will be required to register as a sex offender. How long will depend on California's three-tier sex registration system:

Tier one is the lowest level that carries a minimum sex registration requirement of ten years and includes misdemeanor oral copulation with minor convictions and felonies with no force or fear.
Tier two is the middle level that carries a minimum sex registration requirement of 20 years, including felonies when the minor is under 14 and more than ten years younger than you with no force or fear.
Tier three is the highest level and carries sex registration for life, including felony oral copulation using force or fear. It also includes engaging in concert with another person or when the victim is unable to consent due to intoxication or being unconscious.

The Sex Offender Registration Act mandates convicted sex offenders living in California to register with the local police. Your registration must be renewed annually within five working days of your birthday and whenever you move to a new address.

Suppose you fail to register as a sex offender. In that case, you could be charged with a separate misdemeanor or felony based on the underlying sex offense.

What are the Related Sex Crimes?

California has several sex crimes that are like Penal Code 287 PC oral copulation with a minor, which are often charged along with this crime, including the following:

Penal Code 287 PC - oral copulation by force or fear

Also covered by PC 287, coercing anyone, adult or minor, to engage in oral copulation is a felony, punishable by up to eight years in state prison and up to 12 years if the victim is under age 14. This law applies under any of the following situations:

Oral sex was by force, violence, duress, menace, fear of immediate bodily injury, or a threat to retaliate against somebody.
Nonconsensual oral sex with a minor.
Consensual oral sex with a minor who is intoxicated.
The victim was too intoxicated to resist.
The victim was unconscious of the nature of the sexual act.
The victim was unable to legally give sexual consent because of a physical disability or a mental disorder.

Penal Code 288 PC - lewd acts with a minor

Touching any part of a minor's body for sexual gratification or arousal purposes is a crime. This means PC 288 is often charged alongside PC 287 oral copulation. This law applies under any of the following situations:

The minor was under the age of 14 when the act occurred (felony).
The minor was 14 or 15 when the act occurred, and the defendant is at least ten years older than the minor (wobbler).

Penal Code 261.5 PC - statutory rape

Sexual intercourse with a minor is closely related to PC 287 oral copulation with a minor. Suppose you are in a consensual sexual relationship with a minor. In that case, you could be charged with both oral copulation and statutory rape.

Notably, you must remember that consent is not a valid defense, as a minor cannot give sexual consent under the law. If convicted, the penalties for PC 261.5 statutory rape will depend on the ages of the victim and the defendant as follows:

If the age difference is three years or less, it's a misdemeanor crime that carries up to six months in county jail and a fine of up to $1,000.
If the defendant is over three years older than the minor, it's a wobbler” that carries a maximum jail sentence of three years.
If the defendant is over 21 and the minor is under 16, it's a wobbler with a maximum jail sentence of four years.

Penal Code 314 PC - indecent exposure

Indecent exposure includes public nakedness or exposure of a defendant's genitals in the presence of anyone who could be offended. Thus, if your act of oral copulation includes exposing yourself in public, you could be charged with this crime in addition to oral copulation with a minor.

What are the Best Defenses for PC 287?

Suppose you are accused of Penal Code 287 PC oral copulation with a minor. In that case, you have legal options, and our California sex crime lawyers could use different strategies to obtain the best possible outcome, such as the following:

Insufficient evidence,
Reasonable belief that the minor was over the age of 18,
False allegation.

Maybe we can argue that there is a lack of evidence. In other words, there is insufficient evidence to prove the case, and it should be dismissed. Often, PC 187 cases rely on verbal statements without any proof.

Maybe we can argue that you reasonably believed the person was over 18 when the sexual act occurred. Perhaps the alleged victim lied about their age, or their physical appearance made them appear like they were an adult.

Maybe we can argue that you were falsely accused and wrongfully arrested. Sometimes, accusations of oral copulation with a minor are false. Perhaps the minor had malicious intent, or they were coached by an adult with sinister motives, such as during a child custody battle. You can contact us for a free case evaluation. The Hedding Law Firm is based in Los Angeles, CA.

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Oral Copulation with a Minor