Sec 286 of the California Penal Code penalizes the unlawful acts of sodomy and this is done through forcing someone to have sodomy against their will or perform acts of sodomy involving minor children. Sodomy is sexual contact that takes place when there is penetration of the anal region, regardless of degree of penetration.
The following are the related laws on the matter:
1) Engaging acts with a minor in violation of Sec 286(b)(1) of the California Penal Code;
2) Said acts were accomplished through means of force, violence or fear in violation of Sec 286(c)(2) or Sec 286(c)(3) of the California Penal Code;
3) Perform on a person who is too intoxicated to consent to the activity in violation of Sec 286(i) of the California Penal Code, unable to provide consent under Sec 286(g) or Sec 286(h) of the California Penal Code or be unconscious as to the nature of the act through fraud or other means;
To prove the commission of the crime, the following are the elements of the crime:
a) The accused is engaged in an act of sodomy with another person;
b) The said act was accomplished under any of the previously described circumstances;
Because this is a wobbler offense, meaning that it can be prosecuted either as a misdemeanor or felony charge. The determination is based on the factual circumstances of the case and the individual’s criminal history.
As a misdemeanor offense, the imposable penalties would be summary probation, one year in county jail and payment of $1,000 fine. As a felony offense, the imposable penalties would be formal probation, jail time of sixteen, twenty four or thirty six months in state prison.
Other applicable provisions include mandatory sex offender registration under Sec 290 of the California Penal Code, additional sentence when victim suffers from great bodily injury of between three to six years in state prison, registration of a strike under the California Three Strikes Law and other sex related offenses under California law.
The crime of sodomy is a serious offense in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.
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