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Oral Copulation

Donte T Wyatt - 

  • Oral Copulation is a challenging subject for any criminal attorney due to the nature of the crime. 

 
Under California Law a person that commits forcible sex acts can be charged under a variety of Penal Code sections. Rape specifically refers to intercourse, therefore if a person commits a sexual act other than vaginal intercourse by force than they can be charged with an independent criminal charge for that specific act. If a person commits an act of forcible oral copulation they can be charged with a violation of Penal Code section 288a(c)(2).
Penal Code section 288a further makes it illegal to engage in oral copulation with a minor.

If you or a loved one is accused or charged with a crime under Penal Code section 288a it is important to contact an experienced criminal defense attorney to assist defend you against the accusations and or charges. Penal Code section 288a convictions can lead to lengthy prison terms and possible life registration as a sex offender pursuant to Penal Code section 290.

Criminal Defense Attorney Donte T. Wyatt has extensive experience handling cases involving sex offenses. Attorney Wyatt has investigated and prosecuted these cases as a San Diego County Deputy District Attorney. In addition, Criminal Defense Attorney Wyatt has handled these types of cases as a criminal defense attorney. Mr. Wyatt will vigorously fight for your rights if you are charged with sexual assault case.

Penal Code section 288a
(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 an act of oral copulation with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year.

(2)Except as provided in Section 288, any person over the age of 21 years 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 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.
(2)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.

(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.

(d)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 (1) 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 (2) 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, or (3) where the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison for five, seven, or nine years. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime described under paragraph (3), that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.


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 Donte T Wyatt ESQ

   619-807-9505

1010 Second Ave
Ste # 1020
San Diego, CA, 92101

Donte@dontewyatt.com

   

 
 
 

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