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California Law: Oral Copulation by Force

Under California law, a person commits oral copulation by force if he uses force or threats to accomplish the act of oral copulation with another person. Oral copulation by force is a very serious offense with penalties for a first offense of up to 8 years in state prison. Repeat offenders or offenders with prior sex crimes offenses could face life in prison if convicted.

A person accused of oral copulation by force should speak immediately to a criminal defense lawyer with experience in defending against alleged sex crimes.

Below is a modified version of the California Judicial Council's jury instruction describing what the prosecution would have to prove in order for a defendant to be convicted of oral copulation by force in California:

The defendant is charged with oral copulation by force.

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant committed an act of oral copulation with someone else;

2. The other person did not consent to the act;

AND

3. The defendant accomplished the act by force, violence, duress, menace, or fear of immediate and unlawful bodily injury to anyone; by future threats of bodily harm; or by threat of official action.

Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.

In order to consent, a person must act freely and voluntarily and know the nature of the act.

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