California Penal Code 287 makes oral copulation a crime when it involves a minor, force or threats, an unconscious or incapacitated victim, a victim with a qualifying disability, or a person confined in jail or prison. Consensual oral copulation between adults is not covered. Penalties run from a wobbler punishable by up to a year in county jail at the low end to 25 years to life, or even life without parole, under California’s One Strike sentencing law. Every conviction triggers mandatory sex offender registration.
What the Statute Covers
Under PC 287(a), oral copulation means any contact between the mouth of one person and the sexual organ or anus of another.1California Legislative Information. California Code PEN 287 – Oral Copulation The contact does not have to last any particular length of time, and no climax is required. Momentary contact is enough.
That baseline definition matters because the act itself is legal between consenting adults. The remaining subsections define the specific circumstances that turn the act into a crime. If none of those circumstances is present, PC 287 does not apply.
Offenses Involving Minors
California treats oral copulation with anyone under 18 as a crime regardless of apparent consent. The prosecution only needs to prove the act occurred and establish the ages of those involved. The charge and sentence depend on how old each party was.
- Under PC 287(b)(1), anyone who engages in oral copulation with a person under 18 faces state prison or up to one year in county jail. This is a wobbler, chargeable as either a misdemeanor or a felony.1California Legislative Information. California Code PEN 287 – Oral Copulation
- Under PC 287(b)(2), a person over 21 who engages in oral copulation with someone under 16 faces a mandatory felony. There is no misdemeanor option.
- Under PC 287(c)(1), if the victim is under 14 and the perpetrator is more than 10 years older, the sentence is three, six, or eight years in state prison.
A reasonable but mistaken belief about a minor’s age is generally not a defense. California treats age-based offenses under PC 287 as strict liability, so the prosecution does not need to prove the defendant knew how old the victim was.
Force, Threats, and Coercion
PC 287(c)(2)(A) makes it a felony to commit oral copulation against someone’s will through force, violence, duress, menace, or fear of immediate bodily injury. The sentence is three, six, or eight years in state prison.1California Legislative Information. California Code PEN 287 – Oral Copulation This applies regardless of the ages involved or any prior relationship.
PC 287(c)(3) covers threats of future retaliation against the victim or someone else, when the victim reasonably believes the perpetrator will follow through. The sentence is the same three, six, or eight years. This subsection recognizes that coercion does not always involve immediate physical force.
Acting in Concert
When two or more people work together to commit oral copulation by force or fear, PC 287(d) applies, and the sentence rises to five, seven, or nine years in state prison. The provision targets group assaults and situations where one person restrains the victim while another commits the act. Like the force provisions above, it is a violent felony under California law.2California Legislative Information. California Code PEN 667.5 – Enhancement of Prison Terms for New Offenses
Incapacitated and Disabled Victims
PC 287(f) makes it a felony to engage in oral copulation with someone who is unconscious of the nature of the act, when the perpetrator knows it. The statute defines that condition broadly to include people who are asleep, physically unable to resist, or otherwise unaware of what is happening. The sentence is three, six, or eight years in state prison.1California Legislative Information. California Code PEN 287 – Oral Copulation
Separate subsections address victims incapacitated by intoxicating or controlled substances, particularly when the perpetrator administered the substance or knew the victim was impaired. Those provisions carry the same felony sentence.
PC 287(g) covers victims with mental disorders or developmental or physical disabilities that render them incapable of giving legal consent, when the perpetrator knew or reasonably should have known about the condition. The sentence is three, six, or eight years in state prison. PC 287(h) covers the same conduct when both parties are confined in a state hospital or other mental health treatment facility; in that narrower setting the offense is a wobbler punishable by state prison or up to one year in county jail.
Oral Copulation in Custody
PC 287(e) makes oral copulation illegal for anyone confined in a state prison, county jail, or other local detention facility, even when both parties appear to participate willingly. The punishment is state prison or up to one year in county jail. California takes the position that the power imbalances of a carceral setting prevent genuine consent, so apparent voluntariness is not a defense. The subsection reaches interactions between inmates and between inmates and staff.
Sentencing and Fines
The base prison term depends on which subsection applies:
- Wobbler offenses under (b)(1), (e), and (h): state prison or up to one year in county jail.
- Mandatory felony under (b)(2): a person over 21 with a victim under 16.
- Three, six, or eight years under (c)(1), (c)(2), (c)(3), (f), and (g): children under 14 with a 10-year age gap, forcible acts, threats of retaliation, unconscious victims, and disabled victims.
- Five, seven, or nine years under (d): acting in concert with force or fear.
PC 287 does not set specific fines, but Penal Code 672 authorizes fines of up to $1,000 for a misdemeanor and up to $10,000 for a felony when the underlying statute is silent.3California Legislative Information. California Code PEN 672
One Strike Enhancements
California’s One Strike law under Penal Code 667.61 dramatically increases the sentence for oral copulation offenses committed under aggravating circumstances. Violations of PC 287(c)(2), (c)(3), and (d) are all eligible.4California Legislative Information. California Penal Code 667.61
With a single aggravating circumstance, such as kidnapping, tying or binding the victim, or administering a controlled substance, the sentence is 15 years to life. With two or more aggravating circumstances, or when certain especially serious circumstances apply, the sentence rises to 25 years to life. If the victim is a child under 14 and aggravating circumstances are present, the court can impose life without the possibility of parole.
Strike Classification
Violations of PC 287(c) and (d) qualify as violent felonies under Penal Code 667.5(c). That makes them strikes under California’s Three Strikes law. A first strike doubles the sentence for any future felony conviction, and a second strike can produce 25 years to life. For someone already carrying a strike, a PC 287(c) or (d) charge carries consequences far beyond the base sentence in the statute.
Sex Offender Registration
Every conviction under PC 287 triggers mandatory sex offender registration under Penal Code 290.5California Legislative Information. California Penal Code 290 – Sex Offender Registration Act California uses a three-tier system, and which tier applies depends on the subsection of conviction:
- Tier 1, 10 years minimum: misdemeanor convictions and felony convictions that are not classified as serious or violent felonies. A wobbler charged as a misdemeanor under (b)(1) or (e) falls here.
- Tier 2, 20 years minimum: convictions that qualify as serious or violent felonies, and specifically convictions under PC 287(g) or (h) involving disabled victims.
- Tier 3, lifetime registration: convictions under PC 287(c)(2), (d), (f), and (i).
Registration requires providing your name, address, and conviction details to local law enforcement and keeping that information current whenever you move. The registry is publicly accessible. Failure to register or update information is a separate criminal offense that can add prison time.
Federal Consequences
A felony conviction under PC 287 carries consequences beyond California’s state penalties. Under 18 U.S.C. ยง 922(g)(1), anyone convicted of a crime punishable by more than one year in prison is prohibited from possessing firearms or ammunition.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Every felony-level PC 287 conviction meets that threshold, so a federal firearms ban follows automatically and lasts for life unless a specific legal remedy restores gun rights.
For non-citizens, a conviction can trigger deportation. Federal immigration law classifies “sexual abuse of a minor” as an aggravated felony.7Office of the Law Revision Counsel. 8 USC 1101 – Definitions An aggravated felony conviction makes a person deportable and permanently bars most forms of relief from removal, including asylum and cancellation of removal. A PC 287 conviction involving a minor victim is highly likely to be classified this way. Convictions involving adult victims can also qualify as crimes involving moral turpitude, which independently carries deportation consequences. Anyone who is not a U.S. citizen should consult an immigration attorney before entering any plea.
Defenses That Come Up
The available defenses depend on the subsection charged, but a few arguments recur.
Consent is the most direct defense to force-based charges under (c)(2) and (c)(3). If the act was consensual and both parties were adults, no crime occurred. Consent is not a defense to charges involving minors, incapacitated victims, or custodial settings.
Insufficient evidence challenges whether the prosecution can prove the act happened at all. Many PC 287 cases rest heavily on the accusing party’s testimony without corroborating physical evidence. Defense counsel can attack inconsistencies in statements, challenge forensic evidence, or present alibi witnesses.
No force or coercion is a narrower variant. When the charge specifically alleges force or threats, the defense can concede the act while contesting the force element the prosecution must prove.
Constitutional violations during the investigation can lead to suppression of evidence. A confession obtained through coercion, an illegal search, or a violation of the right to counsel may produce evidence that gets excluded at trial, and losing key evidence often causes the prosecution’s case to collapse.