What is Oral Copulation on a Minor? (Penal Code section 288a)
The California Penal Code defines oral copulation on a minor as any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. In other words anytime a person puts their mouth on child’s or vagina, without consent, they will be guilty of oral copulation.
A person found guilty of oral copulation with a person under 18 years old is considered a "wobbler." This means the prosecution has the discretion to charge the defendant with either a misdemeanor or felony depending on the circumstances and/or severity of the crime. Oral copulation with a person under 16 years old is punishable as a felony with imprisonment in state prison for up to 3 years. If the victim is under 14 years old or it was committed by force the crime is a felony and punishable by imprisonment in state prison for three, six, or eight years.
More importantly, if you’re convicted of oral copulation on a minor you will be require you to registered to register as a sex offender. Having to register as a sex offender is a severe penalty because you will have a lifetime duty to register lifetime.
If you or a loved one if facing a charge for oral copulation, it is important that you contact a an experienced sex crimes attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of sex crimes. Our attorneys are highly knowledgeable in sex crimes law. We will aggressively fight to defend your rights and get you the best possible result in your case. Call us today at (888) 749-0034 or contact us on our website at www.wklaw.com. We will be there when you call.