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Consensual Oral Copulation with a Minor is a Crime
Oral copulation is considered contact of the mouth with the genitals of another person, and it is illegal to engage in such activities if either person is a minor. California law states that it is a crime to engage in sexual acts with any person that is under the legal age of eighteen, regardless of consent. Oral copulation with a sober minor is going to carry a lesser charge than incidents that occur when the minor is disabled or intoxicated. In these cases, it becomes considered an act committed with the minor as a result of force or fear. It is possible for the person accused of the crime to also be a minor when the sexual act happened, but prosecutors do not often prioritize this type of case.
Age Classification and Penalties of Statutory Rape
The ages of the defendant and victim in cases involving oral copulation with a minor are going to determine the type of penalties the individual could face.
-If the victim is at least 16, or the defendant is 21 or younger, the crime could fall under a misdemeanor or felony. A misdemeanor might result in a $1,000 fine, a year in county jail, and probation for the defendant. When circumstances influence a harsher sentence, the individual is going to be charged with a felony. Penalties could range from a maximum fine of $10,000, up to three years in California state prison, and formal probation.
-If the victim is under the age of 16, or the defendant is older than 21, it is going to result in a felony charge against the defendant.
-The defendant could serve a maximum prison sentence of eight year if a victim under the age of 14 is involved in the crime, and the defendant is more than ten years older.
Becoming a Registered Sex Offender in California
A sex crime conviction that involves a minor is going to result in the requirement to register as a sex offender. This person has the lifelong responsibility to register their status with the police of their current county or city. Renewal is due each time the defendant moves to a new address, as well as once per years within five business days of their birthday.
Failure to register is going to result in a misdemeanor or felony charge, depending on the original sex crime conviction.
Your Right to Request Legal Help
It’s the job of your experienced defense attorney to provide legal guidance and help you get the lightest sentence possible. Our lawyers are not afraid to represent sex crime offenders, nor will we ever pass judgement regarding your case details. The dedicated defense team focuses on the important details to ensure that you have adequate representation throughout the case. Regardless of a conviction, it might be possible to have the record expunged in certain circumstances. Although you must continue to register as a sex offender in California, it would prevent discrimination when applying for jobs or professional licenses.