What is California Penal Code 287? Understanding Oral Copulation Laws

California Penal Code 287 criminalizes oral copulation accomplished by force, violence, duress, menace, or fear, making it illegal to engage in oral sexual contact against a person’s will. This serious felony carries severe penalties including lengthy prison sentences and mandatory sex offender registration when committed by force or against vulnerable victims.

Key Legal Terms and Definitions

• Oral Copulation: Contact between mouth and sexual organs or anus of another person
• Against Will: Without consent or legal consent from the victim
• Force: Physical force substantially different from that necessary to accomplish contact
• Violence: Use of physical force causing or likely to cause bodily injury
• Duress: Direct or implied threat sufficient to coerce reasonable person
• Menace: Threat, statement, or act showing intent to injure another person
• Fear: Fear of immediate and unlawful bodily injury to victim or another

Scope of Oral Copulation Under PC 287

The statute covers various forms of oral-genital contact:

• Contact between mouth and penis
• Contact between mouth and vulva/vagina
• Contact between mouth and anus (anilingus)
• Any oral contact with sexual organs
• Both active and passive participation

Related California Sexual Assault Statutes

PC 287 is often charged alongside related offenses:

• PC 261 – Rape
• PC 286 – Sodomy by force
• PC 289 – Sexual penetration by force
• PC 264.1 – Rape with foreign object
• PC 243.4 – Sexual battery
• PC 220 – Assault with intent to commit rape
• PC 288 – Lewd acts with a child
• PC 290 – Sex offender registration requirements

Types of PC 287 Charges and Circumstances

PC 287(c)(2) – Oral Copulation by Force or Fear

The primary felony charge involves oral copulation accomplished by:

• Force, violence, duress, menace, or fear
• Against the victim’s will
• Fear of immediate and unlawful bodily injury
• Coercion or threat of retaliation

PC 287(c)(3) – Oral Copulation of Intoxicated Person

Enhanced charges when victim is:

• Prevented from resisting by intoxicating substances
• Unable to consent due to alcohol or drugs
• Unconscious or unaware of nature of act
• Incapacitated and unable to give legal consent

PC 287(b) – Oral Copulation with Minor

Age-based charges with varying penalties:

• Victim under 18: Misdemeanor or felony depending on circumstances
• Victim under 16: Felony with enhanced penalties
• Victim under 14: Most serious felony charges
• Age difference factors: Penalties increase with larger age gaps

PC 287(d) – Oral Copulation with Disabled Person

Special provisions for victims who are:

• Mentally disabled or developmentally disabled
• Unable to give legal consent due to mental condition
• Institutionalized for medical treatment
• Under care or custody of defendant

Aggravating Factors for Enhanced Penalties

• Use of weapon: Knife, gun, or dangerous instrument during assault
• Great bodily injury: Significant physical harm to victim
• Multiple victims: Pattern of similar sexual assaults
• Home invasion: Breaking into victim’s residence to commit assault
• Kidnapping: Moving victim to different location for assault
• Position of trust: Teacher, coach, caregiver, or authority figure
• Gang activity: Assault committed for benefit of criminal street gang
• Vulnerable victim: Elderly, disabled, or particularly vulnerable person

Legal Elements: What Prosecutors Must Prove for PC 287 Conviction

Required Elements for PC 287 Felony Conviction

To convict under Penal Code 287(c)(2), prosecutors must prove beyond reasonable doubt:

1. Oral Copulation Occurred: Contact between mouth and sexual organs took place
2. Against Victim’s Will: Victim did not consent to the sexual act
3. By Force or Fear: Accomplished by force, violence, duress, menace, or fear
4. Contact: Any contact between mouth and sexual organs, however brief
5. Intent: Defendant acted willfully and with sexual purpose

Understanding “Oral Copulation” Under California Law

Force, Violence, and Coercion Elements

Prosecutors must prove one of the following methods:

• Force: Physical force substantially different from that necessary to accomplish contact
• Violence: Use of physical force causing injury or likely to cause injury
• Duress: Direct or implied threat of force, violence, danger, or retribution sufficient to coerce reasonable person
• Menace: Threat, statement, or act showing intent to injure another person
• Fear: Fear of immediate and unlawful bodily injury to victim or another person

Consent and Legal Capacity Requirements

Valid consent requires that the person:

• Has legal capacity: Adult with mental capacity to consent
• Acts voluntarily: Free from coercion, force, or threat
• Understands nature: Comprehends the nature of the sexual act
• Can withdraw: Consent can be revoked at any time
• Communicates consent: Clearly indicates agreement to participate
• Not impaired: Not too intoxicated to give meaningful consent

Contact Requirement and Evidence

The prosecution must prove actual contact occurred:

• Any contact between mouth and sexual organs is sufficient
• Duration of contact is not material
• Victim testimony typically required
• Physical evidence may support or refute contact claims
• DNA evidence may be relevant

PC 287 Penalties: Prison Sentences and Lifetime Consequences

Prison Sentences for PC 287 Convictions

Enhanced Penalties Under One Strike Law

PC 287 can trigger California’s “One Strike” law (PC 667.61) resulting in:

• 15 years to life: For certain aggravating circumstances
• 25 years to life: For multiple victims or most serious cases
• No parole eligibility: Must serve minimum term before parole consideration
• Consecutive sentences: Additional penalties for multiple victims

Additional Sentence Enhancements

Sentences may be increased for:

• Great bodily injury (PC 12022.7): Additional 3-5 years
• Use of deadly weapon (PC 12022): Additional 1-10 years
• Prior strike convictions: Double or triple sentences under Three Strikes
• Gang enhancements (PC 186.22): Additional 2-15 years
• Vulnerable victim enhancements: Additional penalties for elderly/disabled victims

Mandatory Sex Offender Registration (PC 290)

All PC 287 convictions require lifetime registration including:

• Annual registration: Update information with local law enforcement yearly
• Address verification: Report moves within 5 working days
• Employment reporting: Notify of job changes and locations
• Travel notification: Report travel plans and destinations
• Internet activity: Register email addresses and screen names
• Public database: Information published online for public access
• Residence restrictions: Cannot live near schools, parks, or day cares
• Contact restrictions: Limited contact with minors

Collateral Consequences and Life Impact

• Employment devastation: Immediate job termination and extreme difficulty finding future employment
• Professional licenses: Automatic revocation of medical, legal, teaching, and other professional licenses
• Housing restrictions: Severe difficulty finding rental housing, potential eviction
• Immigration consequences: Deportation and permanent inadmissibility for non-U.S. citizens
• Firearms prohibition: Lifetime ban on gun ownership and possession
• Child custody loss: Termination of parental rights or highly restricted visitation
• Civil liability: Victim may pursue substantial monetary damages in civil court
• Social destruction: Public shame, family disruption, complete social ostracism

Consent and Legal Capacity in PC 287 Cases

When Oral Copulation is Legal in California

Consensual oral copulation is legal when:

• Both parties are adults: 18 years or older with capacity to consent
• Freely given consent: No force, fear, or coercion involved
• Ongoing consent: Either party can withdraw consent at any time
• Mental capacity: Both parties have mental capacity to understand and consent
• Private setting: Occurs in private location, not public place
• No authority abuse: No position of trust or authority being abused

When Oral Copulation Becomes Criminal

Oral copulation becomes criminal under PC 287 when:

• Accomplished by force: Physical violence or coercion used
• Against victim’s will: Victim does not consent or cannot consent
• Victim is minor: Person under 18 cannot legally consent in many circumstances
• Victim incapacitated: Unable to consent due to intoxication or disability
• Position of authority: Abuse of trust or authority relationship
• Institutional setting: Staff with patients, prisoners, etc.

Intoxication and Consent Capacity

Intoxication affects ability to consent:

• Voluntary intoxication: May still invalidate consent if severe
• Involuntary intoxication: Always invalidates consent
• Degree matters: Level of impairment determines capacity
• Unconsciousness: Unconscious person cannot consent
• In and out of consciousness: Intermittent consciousness doesn’t establish consent

Age of Consent Complexities

California’s age of consent laws for oral copulation:

• General age of consent: 18 years old (higher than some other sexual acts)
• Close-in-age considerations: Smaller penalties for similar-aged participants
• Position of authority: Teachers, coaches cannot engage with students under 18
• Institutional settings: Staff cannot engage with residents/patients regardless of age

Effective Defense Strategies Against PC 287 Charges

Consent Defense

The primary defense in many PC 287 cases is consent:

• Mutual participation: Both parties willingly engaged in sexual activity
• Prior relationship: History of consensual sexual encounters between parties
• Communication evidence: Texts, emails, or messages showing mutual interest and consent
• Witness testimony: Others observed consensual flirtation or behavior
• Lack of resistance: No evidence victim resisted or clearly refused
• Post-encounter behavior: Victim’s actions after encounter suggest it was consensual
• Initiation by victim: Evidence victim initiated or encouraged the activity

False Accusations Defense

False PC 287 accusations occur for various documented reasons:

• Relationship revenge: Angry ex-partners seeking to destroy defendant’s life
• Custody warfare: False allegations to gain advantage in family court proceedings
• Financial motivation: Setting up civil lawsuit for substantial monetary damages
• Shame and regret: Reframing consensual encounter after feeling guilty or embarrassed
• Social pressure: Family or friends pressuring victim to report incident
• Mental health issues: Delusions, false memories, or severe psychological problems
• Attention seeking: Desire for sympathy or attention from others
• Cover-up motivations: Hiding infidelity or other behavior from partners

Insufficient Force Defense

Challenging the force element of PC 287:

• No physical force used: Sexual activity accomplished without violence or coercion
• Consensual aggressive activity: Rough sexual activity agreed to by both parties
• No verbal threats: Absence of threats,