Los Angeles Oral Copulation of a Minor
Consensual Oral Copulation with a Minor is a Crime
When an individual engages in oral copulation, which entails oral contact with another person’s genitals, and one of the involved individuals is a minor, it becomes illegal. In California, the law states that engaging in sexual acts with an individual below the age of eighteen years, regardless of consent, is criminal. The degree of the offense varies based on the circumstances, such as the age of the minor, and whether they were under the influence of drugs or alcohol.
When the minor is sober, the charge is lesser compared to cases where they were under the influence of drugs or alcohol. The latter case is treated as a forceful act on the minor. The law does not exempt minors from prosecution in such instances.
Age Classification and Penalties of Statutory Rape
The age of the defendant and victim is crucial in determining the applicable penalty for oral copulation with a minor. Here are the possible penalties based on the circumstances:
– If the victim is 16 years or older, or the accused is 21 years or younger, the offense could qualify as either misdemeanor or felony. If it’s a misdemeanor, the defendant could be fined up to $1,000, serve a year in county jail, and be put on probation. If certain conditions exist, the defendant could face felony charges, which carry a penalty of up to $10,000 in fines, up to three years in state prison, and formal probation.
– If the victim is below 16 years, or the accused is over 21, the charge is a felony. The defendant could be sentenced to up to four years in state prison.
– When the victim is below 14 years, and the defendant is above ten years older, a conviction carries a maximum of eight years imprisonment.
Becoming a Registered Sex Offender in California
Conviction for a sexual offense that involves a minor necessitates registration as a sex offender under California law. Once registered, the offender needs to keep their status updated with their local police department. They must notify the police each time they move, and within five days of their birthday annually.
Failure to comply with registration requirements is deemed a felony or misdemeanor, based on the original offense. A registered sex offender could be subject to restrictions in areas of life that do not apply to the average person, such as strict limits on where they can live, work, and visit.
Your Right to Legal Aid
If accused of oral copulation with a minor, legal assistance from experienced attorneys can be invaluable. Lawyers familiar with California’s criminal justice system can guide an accused person through the process and work to minimize the potential penalties.
The defense team never judges the accused; their focus is on providing competent representation in court. Erasing the criminal record of a person convicted of a sex crime may be possible, subject to certain provisions. While registration will remain active, expunging the record can help to avoid discrimination in the job market or professional licensing.
Offense Classification | Age Group of Minor Involved | Possible Penalties |
---|
Felony | Under 14 years | Up to eight years in jail |
Felony | Under 16 years | Up to four years in jail |
Misdemeanor/Felony | 16 years and above | $1,000 fine and a year in county jail, or up to $10,000 in fines, three years in state prison, and formal probation |
Misdemeanor/Felony | 21 years and below | $1,000 fine and a year in county jail, or up to $10,000 in fines, three years in state prison, and formal probation |
Statutory Rape: What You Need to Know
When an individual engages in consensual oral copulation with a minor in California, it is considered a crime. The law protects minors and criminalizes any sexual behavior with individuals who are below 18 years of age, regardless of consent.
The Penalties for Oral Copulation with a Minor in California
The age of the minor involved determines the charges and possible penalties for the defendant. The table below outlines the various charges, age divisions, and associated penalties:
Becoming a Registered Sex Offender in California
Individuals convicted of sex crimes involving minors in California are required to register as sex offenders. Renewals are required every time a defendant changes address or within five days of their birthdays once every year. Avoiding registration could lead to additional misdemeanor or felony charges.
Your Right to Legal Help
Qualified and experienced legal representation can be invaluable in defending an individual accused of engaging in oral copulation with a minor. They guide the accused through the justice system, help achieve the possible outcome, and can assist in expunging criminal records, which prevents discrimination when seeking employment or professional licenses.
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS