--- title: "California Penal Code 287 PC: Oral Copulation With a Minor: Penalties & Defenses" description: "PC 287 covers oral copulation with a minor in California. Learn the elements, penalties by subdivision, registration rules, and real defenses." url: "https://www.thehfirm.com/penal-codes/penal-code-287-pc-oral-copulation-with-a-minor" site: "H Law Group" --- # California Penal Code 287 PC: Oral Copulation With a Minor: Penalties & Defenses PC 287 covers oral copulation with a minor in California. Learn the elements, penalties by subdivision, registration rules, and real defenses. Topics: Sex Crimes, Oral Copulation, PC 287, Sex Offender Registration, Criminal Defense California Penal Code 287 is the statute prosecutors use to charge oral copulation, and the version most people search for involves a minor. Consent from the minor does not matter under this law. The only question that decides guilt is the other person's age, and sometimes the age gap between the two people. The penalties swing enormously depending on which part of the statute applies. The base offense, someone over 18 with someone under 18 and nothing else going on, can be filed as a misdemeanor. Add a large age gap, force, or more than one person involved, and the same conduct becomes a felony that can carry a decade or more in state prison plus lifetime sex offender registration. If you're reading this because you or someone you know is under investigation, the specific subdivision the district attorney charges under is the single most important fact in the case. It decides everything else. ## What the prosecution has to prove To convict someone of [PC 287](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=287.&lawCode=PEN), the prosecution has to prove two things: that an act of oral copulation occurred, and that the other person was under 18 at the time. The statute defines oral copulation broadly, as contact between one person's mouth and another person's sexual organ or anus. Neither penetration nor ejaculation is required. Past those two elements, everything else in the statute is about which subdivision applies, and the subdivision sets the sentence. The age gap between the two people, whether force or fear was used, whether the victim could legally consent at all, and whether more than one person participated all move the charge into a different sentencing range. ## Penalties for a PC 287 conviction Penal Code 287 does not have one penalty. It has close to a dozen, organized by the facts of the specific act: - Base offense, victim under 18, no aggravating facts: a wobbler. The court can sentence it as a misdemeanor, up to one year in county jail, or as a felony, depending on the defendant's record and the case facts. - Defendant 21 or older, victim under 16: a straight felony, typically 16 months, two, or three years under California's general felony sentencing scheme. - Victim under 14 and more than 10 years younger than the defendant: 3, 6, or 8 years in state prison. - Act accomplished by force, violence, duress, menace, or fear: 3, 6, or 8 years; 8, 10, or 12 years if the victim was under 14; 6, 8, or 10 years if the victim was 14 to 17. - Committed while acting in concert with another person, a group offense involving force or fear: 5, 7, or 9 years, rising to 10, 12, or 14 years if the victim was under 14, or 8, 10, or 12 years if the victim was 14 to 17. - Victim unconscious, drugged, incapacitated by a mental or physical disability, or deceived into believing the act served a professional purpose: 3, 6, or 8 years. - Committed while confined in state prison or a county jail: a wobbler, same range as the base offense. Courts can also impose a fine of up to $70, though the judge has to weigh the defendant's ability to pay before doing so. ## Sex offender registration Most PC 287 convictions require registration under California's tiered sex offender registration law. Depending on which subdivision applies, that's either Tier II registration, 20 years, or Tier III registration, lifetime, and the record becomes searchable on the state's [sex offender registry](https://www.meganslaw.ca.gov/). There's one narrow exception. If someone is convicted only of the base offense under subdivision (b)(1) and is not more than 10 years older than the minor, and has no other conviction that would separately trigger registration, they may be exempt. That exception does not apply once force, a large age gap, or a victim under 14 is part of the case. ## Common defenses A PC 287 defense usually attacks one of a few things: whether the act happened at all, whether the prosecution can prove the age element, or whether the aggravating facts that turn a misdemeanor into a serious felony actually occurred. - Reasonable mistake of age. In narrow circumstances, courts have allowed a defendant to argue they reasonably and actually believed the other person was 18 or older. This defense does not apply to every subdivision, and it is not available when the victim was under 14. - Insufficient evidence or false accusation. Many of these cases turn on one person's word against another's, with no physical evidence either way. - Constitutional violations. An illegal search, a coerced statement, or an improperly conducted lineup can get key evidence excluded. - Contesting the aggravating facts. Even when the underlying act isn't seriously disputed, whether force was used, whether the defendant knew the victim's age, or whether more than one person was involved can be the difference between a wobbler and a decade in prison. ## Charges filed alongside or instead of PC 287 Prosecutors often charge PC 287 next to, or instead of, related statutes depending on the facts: - Penal Code 288 (lewd or lascivious acts with a minor): the statute PC 287 itself defers to for victims under 14, and often charged instead of or alongside PC 287. - Penal Code 261.5 (unlawful sexual intercourse with a minor): covers intercourse rather than oral copulation, but works the same way on the age element. - Penal Code 269 (aggravated sexual assault of a child): reserved for the most serious cases and specifically referenced within PC 287's aggravated provisions. - Penal Code 288.7 (sexual acts with a child 10 or younger): also referenced directly within PC 287 for cases involving very young victims. ## Frequently asked questions **Does it matter if the minor said yes?** No. Consent from a minor is not a defense to PC 287. The only question that matters for guilt is the minor's age, and in some subdivisions, the age gap between the two people. **Can PC 287 be charged as a misdemeanor?** Only the base offense under subdivision (b)(1), where the victim is under 18 and none of the aggravating factors apply. Add force, a large age gap, or a victim under 14, and it becomes a straight felony. **Will a conviction require sex offender registration?** In most cases, yes, at either Tier II or Tier III depending on the subdivision. There is a narrow exception for the base offense when the defendant is not more than 10 years older than the minor. **What's the difference between PC 287 and PC 288?** PC 287 covers oral copulation. PC 288 covers lewd or lascivious acts more broadly and is the statute typically used for victims under 14. PC 287 explicitly defers to PC 288 in those cases, so which one gets filed often comes down to the victim's age and the specific conduct alleged. **How long does the prosecution have to file charges?** Sex offenses against minors in California often carry extended filing deadlines, and some have no statute of limitations at all, depending on the victim's age and when the offense was reported. That deadline should be one of the first things a defense attorney checks on any case. ## If you're under investigation or already charged The subdivision a prosecutor chooses to file under decides the sentence, the registration requirement, and how much room there is to negotiate. That decision often gets made in the first days of an investigation, based largely on what the accused says to police. Don't answer questions about a PC 287 investigation without a defense attorney present. If you're facing an investigation or charge under Penal Code 287, talk to one before you say anything else. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.