California Penal Code 286: Complete Guide to Sodomy by Force Defense
SERIOUS FELONY ALERT: PC 286 is a violent felony with severe consequences including lengthy prison sentences and mandatory sex offender registration. If you’re facing sodomy charges, contact an experienced defense attorney immediately before speaking to law enforcement.
Table of Contents
What is California Penal Code 286? Understanding Sodomy Laws
California Penal Code 286 criminalizes sodomy accomplished by force, violence, duress, menace, or fear, making it illegal to engage in sexual conduct involving anal penetration 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.
Legal Definition of PC 286
Penal Code Section 286(c)(2) states: “Any person who commits an act of sodomy when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.”
Key Legal Terms and Definitions
- Sodomy: Sexual conduct consisting of contact between the penis of one person and the anus of another
- Against Will: Without consent or legal consent from the victim
- Force: Physical force substantially different from that necessary to accomplish penetration
- 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
Related California Sexual Assault Statutes
PC 286 is often charged alongside related offenses:
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- PC 261 – Rape
- PC 287 – Oral copulation 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 245 – Assault with deadly weapon
- PC 290 – Sex offender registration requirements
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