Oral Copulation by Force or Fear | Penal Code § 288(2)

Description

A person who commits an act of oral copulation when the act is accomplished against the victim’s will by means or force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person may be charged with Oral Copulation by Force or Fear.

What does the prosecutor have to prove?

1. Defendant participated in an act of oral copulation with a person.
2. The defendant’s act of offense was against the victim’s will.
3. The act was accomplished by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the alleged victim or any other person.
4. The offense involved separate victims or involved the same victim on separate occasions.

Punishment

Felony: 3years/6years/8years

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	Yes
Do I have to register as a sex offender if convicted?	Yes
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No