Oral Copulation Laws

Oral copulation refers to the act of touching the mouth of one person with another person's sexual organ or anus. Any contact, however slight, constitutes oral copulation. It is irrelevant if there is any actual penetration.

The California criminal jury instructions lay out the elements required to be convicted of this offense.

In order to prove oral copulation, the prosecution must prove each of the following elements:

1. A person participated in an act of oral copulation with an alleged victim; and
2. The act was accomplished against the alleged victim's will by means of force
Or
2a. The act was accomplished against the victim's will by threatening to retaliate against the alleged victim or any other person; and
2b. There was a reasonable possibility that the perpetrator would execute the threat.
3. This incapacity of the alleged victim was known or should have been known to the other person.

The punishment for an act of oral copulation, defined as being against the victim's will, is imprisonment in the state prison for a period of 3, 6, or 8 years. The court may also issue a fine up to $10,000. Such a financial penalty is decided by the judge who considers the seriousness and gravity of the offense and whether the victim suffered any economic losses as a result of the crime.

By law, persons convicted of a sex crime, which oral copulation is included, are required to register as sex offenders with a local law enforcement agency. Prior to release from prison, jail, a mental hospital, or on probation, sex offenders are notified in writing of their duty to register, and a copy of the notification form is forwarded to Department of Justice (DOJ). When a sex offender is released into the community, the agency forwards the registration information to DOJ.

Registered sex offenders are required to update their information annually, within five working days of their birthday. Some sex offenders must update more often: transients must update every 30 days, and sexually violent predators, every 90 days. The Sex Offender Tracking Program keeps track of the next required update, and if a registered sex offender is in violation of the update requirements, the Internet web site will show the registrant as being in violation.

If you or a loved one has been arrested and charged of oral copulation, please contact an experienced defense attorney immediately.