Sodomy Laws in California - Penal Code 286 PC
CALIFORNIA PENAL CODE SECTION 286 CONTROLS THE SODOMY OF 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 an extended period 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 susceptible to crimes committed against minors.
And sodomy is the type of violative act that the most seasoned prosecutors will prosecute. The judges will be looking to dole out the harshest sentence they can unless the case can be defended or the person being prosecuted can come up with some severe extenuating circumstances.
When it comes to the element of penetration, the adult penis does not have to go all the way in the anus of a minor for the prosecutors to succeed in a prosecution for sodomy of a little in any of the courthouses in Los Angeles County.
The prosecutors have to prove to a jury that the defendant penetrated the anus of a minor slightly for a person to be found guilty of this crime.
Even though it used to be illegal to engage in anal contact between adults, the law has changed. It is now permissible for two consenting adults to engage in anal contact.
However, it is not legal for a minor (someone under 18) to engage in any sexual contact with an adult. Such behavior will be prosecuted if the authorities are made aware of it.
Important Consideration If You Are Fighting Sodomy of 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 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 proceeding with the prosecution. An effective voir dire (asking the jury questions before the trial starts) is the only way to do everything an attorney can to ensure that the client receives a fair trial.
Any person who engages in sodomy with another person under 18 years of age will face the punishment of imprisonment in the state prison or county jail.
Seasoned attorneys will use exceptional doctors to write reports for clients 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 the 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 is sent to prison for the longest possible time.
Penalties for PC 286 Sodomy Conviction
Any person who participates in the act of sodomy with another person who is under 14 years of age and more than ten years younger than they shall be punished by imprisonment in the state prison for three, six, or eight years.
Penalties may also vary due to specific circumstances such as the victim's age, whether there were any injuries and prior records. Suppose the perpetrator of sodomy on a minor case is significantly older than the alleged victim. In that case, there are specific enhancements that the prosecutors can file to dramatically increase the bail related to the point 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 severe charge, and you have no time to waste. I pride myself on 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 this type of case, but if you do not deal with the issue, 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.