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What is Oral Copulation on a Minor? (Penal Code section 288a)

By Walin & Klarich

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...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 31, 2011 (boomark / email).