Sodomy Laws in California - Penal Code 286 PC
CALIFORNIA PENAL CODE SECTION 286 CONTROLS THE SODOMY OF A MINOR PROSECUTIONS
In general, the definition of sodomy in all of the California courts has to do with the penis of one person penetrating the anus of another person. In the case of a minor being penetrated by the penis of an adult, the consequences can be severe.
The result is the offender going to prison for a long period of time and having to register as a sex offender in the state of California for the rest of their life. Judges and prosecutors in the Los Angeles courthouses are particularly sensitive to any type of crimes being committed against minors.
And, sodomy is the type of violative act that will be prosecuted by the most seasoned prosecutors and the judges will be looking to dole out the most harsh sentence they can, unless the case can be defended or the person being prosecuted can come up with some serious extenuating circumstances.
When it comes to the element of penetration, the adults penis does not have to actually go all the way in the anus of a minor in order to the prosecutors to be success in a prosecution for sodomy of a minor in any of the courthouses in Los Angeles County.
All the prosecutors have to prove to a jury is that the defendant penetrated the anus of a minor slightly in order for a person to be found guilty of this crime.
Even though it used to be illegal to engage in any type of anal contact between adults, the law has changed it is now permissible to two consenting adults to engage in any type of anal contact.
However, it is not legal for a minor (someone under the age of 18) to engage in any type of sexual contact with an an adult and such behavior will be prosecuted if the authorities are made aware of it.
Important Consideration If You Are Fighting Sodomy of a Minor Charges
The courtroom may already have a biased opinion about you if you are on the stand for a charge of sodomy of a minor, and our job as your sex crime defense lawyer is to have your side of the story heard and assert any and all defenses on your behalf, such as the possibility that you may be falsely accused.
When I do jury trials in sex crime cases, I make sure that the jury is fair before we proceed with the trial. An effective voir dire (asking question of the jury before the trial starts) is the only way to do everything an attorney can to make sure that the client receives a fair trial.
Any person who engages in an act of sodomy with another person who is under 18 years of age will face punishment of imprisonment in the state prison, or in a county jail.
Seasoned attorneys will use special doctors to write reports for clients that are considering plea bargains with prosecutors in a sex crime case. These doctors will be addressing whether the particular defendant is a threat to the community in the future and whether they should be given a chance on probation.
Any person over the age of 21 years who participates in an act of sodomy with another person who is under 16 years of age will be found guilty of a felony. When it comes to force and sodomy of a minor, these are the type of case the prosecutor treat the harshest and will do everything within their power to get a prosecution, make it stick and make sure the person involved it sent to prison for the longest possible time.
Penalties for PC 286 Sodomy Conviction
Any person who participates in an act of sodomy with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.
Penalties also may vary due to specific circumstances such as age of victim, whether there were any injuries, and prior records. If the perpetrator of a sodomy on a minor case is significantly older than the alleged victim, the there are certain enhancements that the prosecutors can file in order to significantly increase the bail related to the case and seek prison sentences that can impact your life forever.
If you or someone you know is facing sodomy of a minor charge, it is a serious charge and you have no time to waste. What I pride myself on is being able to quickly assess your situation and put in motion the moves necessary to make sure that your rights, reputation and future are guarded at all costs.
It is not easy to deal with these type of case, but if you do not deal with the case, then the prosecutors and judges will have the upper hand on you and you will be in a position where they are simply dictating what happens to you and you will be unable to stop them.
Contact our Los Angeles Sex Crime Defense Attorneys and set up a free consultation so we can start discussing your case and begin the process of deciding what your best defense should be.