Criminal Defense Lawyers

Penal Code 288a PC – What happened to this section?

Penal Code 288a PC – What Happened to This Section?

If you’re researching California’s laws on oral copulation with minors, you may have come across references to Penal Code 288a PC. However, as of January 1, 2019, this section no longer exists in its original form. So what exactly happened to Penal Code 288a? As experienced criminal defense attorneys, we at Spodek Law Group are here to explain the changes and what they mean for those facing charges related to oral copulation with minors.

The Renumbering of Penal Code 288a

The most important thing to understand is that Penal Code 288a was not eliminated entirely. Rather, it was renumbered and is now codified as California Penal Code 287 PC. This change was part of a larger effort by lawmakers to reorganize and clarify certain sections of the penal code.So why the switch from 288a to 287? There were a couple key reasons:

1. To avoid confusion with PC 288(a), which covers lewd acts with a minor under 14. The similar numbering of 288a and 288(a) was causing mix-ups.
2. To group related sex crimes together in the 280-289 range of the penal code for easier reference.

While the numbering changed, it’s crucial to understand that the actual law itself remains the same. The definition of the crime, the elements that must be proven, and the potential penalties are all identical to what they were under the old PC 288a.

What Does Penal Code 287 PC Prohibit?

Now that we’ve cleared up the renumbering, let’s examine what exactly Penal Code 287 PC (formerly 288a) prohibits. In essence, this law makes it illegal to engage in oral copulation with a minor under the age of 18.Specifically, oral copulation is defined as any contact, no matter how slight, between:

• The mouth of one person and
• The sexual organ or anus of another person

Some key points to understand about PC 287:

• It applies even if the oral copulation was consensual
• The law covers both giving and receiving oral sex
• Force or coercion does not need to be involved (though it can lead to harsher penalties)
• Mistake of age is not a valid defense in most cases

The prosecution must prove beyond a reasonable doubt that oral copulation occurred and that the victim was under 18 at the time. If the defendant is also a minor, the case may be handled in juvenile court.

Penalties for Violating PC 287 (Formerly 288a)

The potential consequences for oral copulation with a minor can be severe. PC 287 is considered a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony depending on the circumstances.Factors that influence the severity of charges include:

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• The ages of the defendant and victim
• Whether force or coercion was used
• The defendant’s prior criminal history

Here’s an overview of potential penalties:

In addition to prison time, those convicted may face:

• Hefty fines
• Mandatory sex offender registration
• Loss of certain rights (voting, firearm ownership, etc.)
• Difficulty finding employment or housing

With such serious ramifications, it’s absolutely critical to have an experienced criminal defense attorney on your side if you’re facing charges under PC 287. At Spodek Law Group, we have extensive experience defending against sex crime allegations and will fight tirelessly to protect your rights and freedom.

Common Defenses to PC 287 Charges

While charges under PC 287 are undoubtedly serious, there are several potential defenses that an experienced attorney may be able to employ. Some common defense strategies include:

1. Lack of evidence: The prosecution must prove beyond a reasonable doubt that oral copulation occurred. If there is insufficient physical evidence or witness testimony, the case may be dismissed.
2. False accusation: Unfortunately, false allegations of sexual misconduct do occur. We’ll thoroughly investigate the accuser’s background and motivations.
3. Consent (in limited circumstances): While consent is not typically a defense when the victim is under 18, there are some exceptions for cases involving two minors close in age.
4. Mistake of age: While not a complete defense, honestly and reasonably believing the victim was 18 or older may reduce charges in some cases.
5. Violation of rights: If law enforcement violated your constitutional rights during the investigation or arrest, we may be able to get evidence thrown out.
6. Mental incapacity: If the defendant was not mentally competent at the time of the alleged incident, this may serve as a defense.

Every case is unique, so it’s crucial to consult with a knowledgeable attorney who can evaluate the specific circumstances of your situation and develop the strongest possible defense strategy.

The Importance of Experienced Legal Representation

If you or a loved one is facing charges related to oral copulation with a minor under PC 287 (formerly 288a), the stakes couldn’t be higher. A conviction can derail your entire future, impacting everything from your freedom to your ability to find work or housing.That’s why it’s absolutely critical to have a skilled and experienced criminal defense attorney in your corner. At Spodek Law Group, we have decades of experience defending clients against sex crime allegations. We understand the nuances of these laws and how to build the strongest possible defense.When you work with our firm, you can expect:

• A thorough investigation of the allegations against you
• Aggressive challenges to any constitutional violations or procedural errors
• Strategic negotiations with prosecutors to reduce or dismiss charges when possible
• Skilled trial representation if your case goes to court
• Compassionate guidance through every step of the legal process

We know how stressful and overwhelming these charges can be. Our goal is not just to defend you legally, but to support you emotionally and help you navigate this difficult time.

Frequently Asked Questions About PC 287 (Formerly 288a)

To help clarify some common points of confusion, here are answers to frequently asked questions about California’s laws on oral copulation with minors:Q: If both people were under 18, can charges still be filed?A: Yes, it’s possible for charges to be filed even if both parties were minors. However, these cases are often handled differently and may be processed through the juvenile justice system rather than adult criminal court.Q: Is it a defense if I didn’t know the person was underage?A: Generally, no. Mistake of age is not typically considered a valid defense for charges under PC 287. However, in some cases, it may be possible to use this argument to negotiate reduced charges.Q: Can charges be filed if the act was consensual?A: Yes. The law considers minors under 18 incapable of giving legal consent to sexual acts with adults. Even if the minor willingly participated, it’s still a crime under PC 287.Q: How long does the prosecution have to file charges?A: The statute of limitations for most violations of PC 287 is 10 years from the date of the offense. However, in some cases involving very young victims, charges can be filed at any time.Q: Will I have to register as a sex offender if convicted?A: In most cases, yes. Conviction under PC 287 typically requires mandatory sex offender registration. The duration of registration (10 years, 20 years, or life) depends on the specific circumstances of the case.Q: Can a PC 287 conviction be expunged later?A: It may be possible to have a PC 287 conviction expunged in some cases, particularly for misdemeanor offenses. However, this is a complex process and not all convictions are eligible for expungement.Remember, these are general answers and may not apply to every situation. For specific legal advice tailored to your case, it’s essential to consult with a qualified attorney.

Why Choose Spodek Law Group for Your Defense

When facing serious charges like those under PC 287, you need more than just a lawyer – you need a dedicated advocate who will fight tirelessly for your rights and freedom. At Spodek Law Group, that’s exactly what we provide.Here’s why clients across California choose us for their criminal defense needs:

• Extensive Experience: Our attorneys have decades of combined experience handling sex crime cases, including those involving PC 287 (formerly 288a).
• Proven Track Record: We have a strong history of achieving favorable outcomes for our clients, including case dismissals, charge reductions, and acquittals at trial.
• Comprehensive Approach: We leave no stone unturned in building your defense, from thorough investigations to expert witness testimony.
• 24/7 Availability: Legal emergencies don’t always happen during business hours. That’s why we’re available around the clock to address your concerns.
• Compassionate Support: We understand how stressful these charges can be. Our team provides not just legal representation, but emotional support throughout the process.
• Respected Reputation: Our firm is well-regarded in the legal community, which can be advantageous when negotiating with prosecutors or presenting your case to a judge.

Don’t let a PC 287 charge derail your future. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation. Let us put our knowledge and experience to work for you.

Conclusion: Understanding PC 287 (Formerly 288a) and Your Rights

The renumbering of Penal Code 288a to 287 may seem like a minor administrative change, but it underscores the complex and ever-evolving nature of California’s sex crime laws. Whether you’re facing charges or simply seeking to understand the law better, it’s crucial to have accurate, up-to-date information.Remember, an accusation is not the same as a conviction. If you’re facing charges under PC 287, you have rights, and there may be strong defenses available in your case. The key is to act quickly and secure experienced legal representation as soon as possible.At Spodek Law Group, we’re committed to providing aggressive, effective defense for those accused of sex crimes in California. We understand the serious nature of these charges and the potential impact on your life. That’s why we fight tirelessly to protect your rights, reputation, and freedom.Don’t face these charges alone. Contact us today at 212-300-5196 for a free, confidential consultation. Let us put our experience and dedication to work for you. Remember, your future may depend on the actions you take today. Trust Spodek Law Group to guide you through this challenging time and fight for the best possible outcome in your case.