According to California Penal Code Section 286(a) sodomy is defined as sexual conduct which consists of contact between one person’s penis and another person’s anus. Any sexual penetration, however slight, is sufficient to be qualified as sodomy.
What Must the Prosecution In Order to Be Found Guilty of Penal Code 286(a) Sodomy?
In order to be found guilty Penal Code Section 286(a) 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);
- Committed an act of sodomy when the act was accomplished against the victim’s will by means of violence, force, duress, menace, or fear of immediate bodily harm on the victim or another person: California Penal Code Section 286(c)(2)(A);
- Committed an act of sodomy 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 in concert with another person, either personally or aiding and abetting that person, committed an act of sodomy against the victim’s will by means of, violence, force, duress, menace, or fear of immediate bodily injury on 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 an act of sodomy which was accomplished at a time the victim was unconscious of the nature of the act: California Penal Code Section 286(f);
- Committed an act of sodomy that was accomplished at a time the victim was incapable due to a mental developmental or disorder or physical disability and the defendant knew or reasonably 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 per Penal Code Sections 286(b)(1), 286(e), and 286(h) are considered wobblers and the defendant can face either a misdemeanor or a felony conviction depending on the case circumstances and his 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
If you or a loved one is charged with California Penal Code Section 286 Sodomy we invite you to contact our Glendale criminal defense attorney at KAASS LAW at (310) 943-1171 for a free consultation and case review. Our staff speaks Spanish, Armenian, Russian, and French.