Oral copulation on a minor
Information on the crime of oral copulation on a minor is found at California penal code section 288a(b)(1).
PC 288a(b)(1) Law (Abbr.)
PC 288a(a) Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.
PC 288a(b)(1): Any person who participates in an act of oral copulation with another person who is under 18 years of age is guilty of PC 288a(b)(1).
PC 288a(b)(1) Sentence & Punishment
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.
Probation Sentence: A probation sentence is period of supervision instead of a 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 288a(b)(1) is called felony probation and is supervised and monitored by a felony probation officer. A probation sentence for misdemeanor PC 288a(b)(1) is called informal probation, which is not monitored or supervised by a probation officer. Probation sentences for oral copulation crimes are available in some situations; whether or not a defendant will be granted a probation sentence after an oral copulation conviction depends largely on the classification of the crime (misdemeanor or felony), the facts of the case, and the defendant's criminal history.
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.
(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 shall, however, 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.
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