PC 286(b)(1)

Sodomy of a minor

Information on the crime of sodomy of a minor is found at California penal code section 286(b)(1).

PC 286(b)(1) Law (Abbr.)

PC 286(a) Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy.

PC 286(b)(1) Except as provided in Section 288, any person who participates in an act of sodomy 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 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 sodomy with another person who is under 16 years of age shall be guilty of a felony.

PC 286(c)(1) 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.

PC 286(c)(2)(A) Any person who commits an act of sodomy 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.

PC 286(c)(2)(B) Any person who commits an act of sodomy with another 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 9, 11, or 13 years.

PC 286(c)(2)(C) Any person who commits an act of sodomy with another person who is a minor 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 7, 9, or 11 years.

PC 286(i) Any person who commits an act of sodomy, where the victim is prevented from resisting by an intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for three, six, or eight years.

(j) Any person who commits an act of sodomy, where the victim submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for three, six, or eight years.

(m) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section, with the proceeds of this fine to be used in accordance with Section 1463.23. The court, however, shall take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.

PC 286(b)(1) Sentence & Punishment

Probation Sentences: A probation sentence is period of supervision instead of a jail or prison sentence. Probation sentences carry conditions of probation, or terms of probation, that must be followed in order to avoid further punishment, including an actual jail or prison sentence. A probation sentence for felony PC 288(b)(1) is called felony probation and is supervised and monitored by a felony probation officer. Felony probation sentences are allowed for PC 286(b)(1) crimes but only in special circumstances. Whether or not a probation sentence is available in any particular felony PC 286(b)(1) case depends largely on the facts of the case and the defendant's criminal history.

A probation sentence on a misdemeanor PC 286(b)(1) conviction is more common and there is no requirement that the judge finds a special circumstance before allowing misdemeanor probation after a misdemeanor PC 286(b)(1) conviction. Also, misdemeanor probation sentences carry conditions of probation, or terms of probation but those terms are not monitored or supervised by a probation officer.

Note: A jail sentence term may be ordered as one of the terms of a felony or a misdemeanor probation sentence; however, any jail sentenced that is ordered as a term of probation is usually much shorter than an actual jail or prison committment and may usually be served on house arrest or work release (as opposed to jail or prison).

Sex Offender Registration: If found guilty of lewd and lascivious acts on a minor under 14 (PC 288(a)), the defendant will be ordered to register as a sex offender pursuant to PC 290. For more information please see sex offender registration requirements.

Jail or Prison Sentence: Oral copulation on a minor (PC 288a(b)(1)), is classified as a wobbler, which means the crime is charged as a felony or as a misdemeanor. The maximum sentence after a conviction for felony PC 288a(b)(1) is three (3) years in state prison. The maximum sentence after a conviction for misdemeanor PC 288a(b)(1) is one (1) year in county jail.

Whether or not the district attorney files felony or misdemeanor charges in any PC 288a(b)(1) case depends largely on the facts of the case and the defendants criminal history. In some cases, it may be possible for a criminal defense attorney to pursuade a judge that the charges should be reclassified from a felony to a misdemeanor.

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PC 286(b)(1): Sodomy of a Minor

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