PC 288a(b)(2)
Oral copulation on a minor under 16
Information on the crime of oral copulation on a minor under the age of sixteen (16) is found at California penal code section 288a(b)(2).
PC 288a(b)(2) 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)(2) Any person over 21 years of age who participates in an act of oral copulation with another person who is under 16 years of age is guilty of PC 288a(b)(2).
PC 288a(b)(2) Sentence & Punishment
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)(2)), 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)(2) is three (3) years in state prison. The maximum sentence after a conviction for misdemeanor PC 288a(b)(2) is one (1) year in county jail.
Whether or not the district attorney files felony or misdemeanor charges in any PC 288a(b)(2) 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 prison sentence. A probation sentence for PC 288a(b)(2) is called felony probation and is supervised and monitored by a felony probation officer. Probation sentences are allowed in PC 288a(b)(2) cases but only when there are special or unusual circumstances. Whether or not a probation sentence is available in any particular PC 288a(b)(2) case depends largely on the facts of the case and the defendant's criminal history.
(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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All Misdemeanor & Felony Sex Crimes, Including
PC 288(a) PC 288(b)(1) PC 288(c)(1) PC 288.5(A) PC 288.7(a) PC 288.7(b) PC 288(i) PC 261(a)(2) PC 261(a)(3) PC 261.5(c) PC 262(a)(1) PC 314(1) PC 314(2) PC 288a(b)(1) PC 288a(b)(2) PC 288a(c)(2)(A) PC 288a(i) PC 647.6(a)(1) PC 647.6(a)(2) PC 647.6(b) PC 311.11(a) PC 311.11(c)(1) PC 311.11(c)(2) PC 236.1(b) PC 236.1(c)(1) PC 236.1(c)(2) PC 647(b) PC 653.22(a) PC 315 PC 647(j)(4) PC 243.4(e)(1) PC 243.4(a) PC 243.4(d) PC 289(a)(1)(A) PC 289(h) PC 289(i) PC 289(e) PC 289(a)(2) PC 266h(a) PC 266h(b)(1) PC 266h(b)(2) PC 266i(a) PC 266i(b)(1) PC 266i(b)(2) PC 286(b)(1) PC 286(c)(1) PC 286(c)(2)(A) PC 286(i) PC 285 PC 220(a) PC 290.018 |
Lewd acts on a minor Lewd acts on a minor w/force Lewd acts on a minor 14 or 15 Continuous sex abuse on minor Intercourse or sodomy of a minor Oral cop or penetration of a minor Lewd act on a minor w/injury Rape by force or fear of injury Rape of intoxicated victim Unlawful sexual intercourse Spousal rape by force or fear Indecent exposure Aiding indecent exposure Oral copulation on a minor Oral cop on a minor under 16 Oral copulation by force or fear Oral cop on an intoxicated victim Annoy or molest a child Molest person thought to be child Molest a child in a dwelling Possession of child porn Possession of child porn images Possession of child sadism Human trafficking for sex Human trafficking minor for sex Human traffic minor with force Agree or solicit prostitution Loiter to commit prostitution Keeping a house of prostitution Distribute nude images Sexual battery Sexual battery by restraint Sexual battery by masturbation Sexual penetration by object Sexual penetration on minor Sex penetration of minor under 16 Sex penetration intoxicated victim Sexual penetration by force Pimping Pimping a minor Pimping a minor under 16 Pandering Pandering a minor Pandering a minor under 16 Sodomy of a minor Sodomy of a minor under 14 Sodomy by force or fear Sodomy of an intoxicated victim Incest Sexual assault Failure to register as sex offender |

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Related Crimes
PC 288a(b)(1) |
PC 288a(c)(2)(A) |
PC 288a(i) |
PC 288a(b)(2) |
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