California Penal Code Section 286(a) defines sodomy as sexual conduct involving contact between one person’s penis and another person’s anus. Any sexual penetration, no matter how slight, qualifies as sodomy.
What Must the Prosecution Prove to Find Guilt Under Penal Code 286(a) Sodomy?
To find the defendant guilty under Penal Code Section 286(a) for sodomy, the prosecution must prove the following elements:
- Participated in an act of sodomy with a minor who was under the age of 18 years old: California Penal Code Section 286(b)(1);
- Is over the age of 21 years and participated in the act of sodomy with a minor who is under 16 years of age: California Penal Code Section 286(b)(2);
- Participated in an act of sodomy with a minor under the age of 14 years and the age difference between the defendant and the minor was more than 10 years: California Penal Code Section 286(c)(1);
- A person commits an act of sodomy when they accomplish it against the victim’s will using violence, force, duress, menace, or fear of immediate bodily harm to the victim or another person.: California Penal Code Section 286(c)(2)(A);
- With a minor under the age of 14 when the act was accomplished against the victim’s will by means of violence, force, duress, menace, or fear of immediate bodily injury on the victim: California Penal Code Section 286(c)(2)(B);
- Committed an act of sodomy with a minor under the age of 14 or older when the act was accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim: California Penal Code Section 286(c)(2)(C);
- Committed an act of sodomy where the act was accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person: California Penal Code Section 286(c)(3);
- While acting with another person, either personally or as an accomplice, committed sodomy against the victim’s will using violence, force, duress, menace, or fear of immediate bodily injury to the victim or another person: California Penal Code Section 286 (d)(1);
- Voluntarily acted in concert with another person, either personally or aiding and abetting that person, committed an act of sodomy upon the victim who was under 14 years of age, when the act was accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate bodily injury on the victim or another person: California Penal Code Section 286(d)(2);
- While voluntarily acting in concert with another person either personally or aiding and abetting that person, committed an act of sodomy upon a minor under the age of 14 or older the act was accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there was a reasonable possibility that the perpetrator would execute that threat. California Penal Code Section 286(d)(3);
- Committed sodomy when the victim was unconscious of the nature of the act: California Penal Code Section 286(f).
- Committed sodomy when the victim was incapable due to a mental, developmental, or physical disability, and the defendant knew or should have known that: California Penal Code Section 286(g).
What are the Penalties for A California Penal Code 286 Sodomy Conviction?
The penalties for a sodomy conviction under Penal Code Sections 286(b)(1), 286(e), and 286(h) are wobblers. The court may charge the defendant with either a misdemeanor or a felony, depending on the case circumstances and the defendant’s criminal history.
What are the Penalties for a Misdemeanor Sodomy Conviction?
The penalties for a misdemeanor sodomy conviction include:
- Up to one year in a county jail
- A fine of up to $1,000
- Misdemeanor probation
What are the Penalties for a Felony Sodomy Conviction?
The penalties for a felony sodomy conviction include:
- 16 months, two or three years in California State Prison
- A fine of up to $10,000
- Felony probation
What are the Penalties for a Felony Penal Code Section 286(b)(2) Conviction?
Penalties for a felony California Penal Code Section 286(b)(2) conviction include:
- 16 months, two or three years in California State Prison
- A fine of up to $10,000
- Felony probation
What are the Penalties for a Felony Penal Code Section 286(d) Conviction?
Penalties for a felony California Penal Code Section 286(d) conviction include:
- Five, seven, or nine years in California State Prison
- A fine of up to $10,000
- Felony probation
Other Penalties Convictions under California PC Section 286
All remaining convictions under California PC Section 286 carry the following penalties:
- Three, six, or eight years in California State Prison
- A fine of up to $10,000
- Felony probation
Glendale Criminal Defense Attorney
Facing charges under California Penal Code 286? Contact KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.