California Penal Code §287 — Oral Copulation
Consensual oral sex between adults is not a crime in California. Penal Code §287 criminalizes specified acts involving minors, force or people incapable of consent. The exact subdivision, ages and alleged circumstances determine the charge and potential sentence; the statute was renumbered from §288a in 2019.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Oral Copulation Cases in All LA County Courts
01 — Quick Facts
PC §287 — Oral Copulation at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §287 — Oral Copulation |
| Consenting Adults | Consensual oral sex between adults is not criminal |
| Under 18 — §287(b)(1) | Wobbler: up to 1 year jail or 16 months / 2 / 3 years state prison |
| Over 21 / Under 16 — §287(b)(2) | Felony |
| Under 14 / More Than 10 Years Younger | §287(c)(1): 3 / 6 / 8 years |
| Force Against an Adult | §287(c)(2)(A): 3 / 6 / 8 years |
| Force Against a Child Under 14 | §287(c)(2)(B): 8 / 10 / 12 years |
| Force Against a Minor 14 or Older | §287(c)(2)(C): 6 / 8 / 10 years |
| Registration | PC §290; tiered system under SB 384 |
| Former Number | PC §288a; renumbered in 2019 |
| Consultation | (213) 723-2337 |
01 — What Is PC §287?
What Is California Penal Code §287?
PC §287 Reads:
"Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person."
— California Penal Code §287(a) — statutory definition
California Penal Code §287 begins with a definition, not a prohibition on all oral sexual activity. Consensual oral sex between adults is not a crime. Criminal liability depends on circumstances specified in the statute: an act with a minor, an act accomplished through force or another listed coercive means, or an act involving a person incapable of consent. A complaint should identify the applicable subdivision rather than use the offense name as if it established guilt. The prosecution must prove the alleged act and the facts making it criminal beyond a reasonable doubt.
The Charged Subdivision Matters More Than the General Label
Age-based and force-based allegations raise different questions. The participants’ ages at the time matter, and an age gap can change the applicable subdivision. A force-based case requires evidence of the alleged coercion, not simply contact. Incapacity allegations require examination of the claimed inability to consent. Counsel reviews what allegedly happened, when it happened and how the evidence connects the accused to that event. A relationship does not answer every consent question, and a later disagreement does not establish every statutory element.
Consensual Conduct Between Adults
The statutory definition describes an act, but the definition alone does not make it criminal. Where adults capable of consent participate consensually, §287 does not criminalize that conduct. The prosecution must establish a prohibited circumstance; neither the nature of the act nor moral disagreement with it substitutes for proof.
Conduct Criminalized by the Statute
The statute addresses acts involving minors, specified coercive means and people incapable of consent. Consent cannot simply be assumed from a relationship, and a minor’s apparent willingness does not eliminate an age-based charge. The applicable subdivision determines which additional facts must be proven and which defense issues are relevant.
Former PC 288a and Present PC 287
The statute was renumbered from Penal Code §288a to §287 in 2019. Older reports, decisions or case paperwork may therefore use the former number. That change is not a reason to confuse oral copulation with PC §288, which concerns lewd acts with a minor. The incident date, charged provision and conduct alleged should be reviewed together. Counsel should not assume that a change in numbering establishes either guilt or a defense; the actual legal and factual requirements remain the focus.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §287
The prosecution must prove the charged subdivision beyond a reasonable doubt. These issues organize the analysis; not every age or coercion condition applies to every count. An age-based allegation should not be defended as though force were always required, and a force allegation should not be reduced to a dispute about ages alone.
The Defined Act Occurred
The evidence must establish an act within §287(a): contact of the mouth of one person with the sexual organ or anus of another. An allegation of some other touching is not automatically proof of this defined act. The prosecution may rely on testimony and other admissible evidence, but the description, timing and context must be examined carefully.
The Accused Was the Participant
The prosecution must reliably connect the defendant to the alleged act. Similar names, mistaken identification, uncertain dates and incomplete accounts can affect that connection. A person’s association with another participant or presence at a location does not independently establish that the charged act occurred with that person.
The Required Ages and Age Gap
Under §287(b)(1), the other person is under 18. Section 287(b)(2) concerns a defendant over 21 and another person under 16. Section 287(c)(1) concerns a person under 14 who is more than 10 years younger than the defendant. These thresholds are not interchangeable.
Force or Another Charged Prohibited Circumstance
For the force-based provisions, the prosecution must establish force, violence, duress, menace or fear as applicable to the charged conduct. The other person’s age selects the relevant adult or minor provision. For an incapacity allegation, examine the claimed inability to consent and the requirements of the particular subdivision instead of importing the elements of a different theory.
04 — Penalties
Penalties for PC §287 Oral Copulation in California
PC §287 does not carry one uniform sentence. Section 287(b)(1) is a wobbler, while the listed aggravated age and force provisions are felonies. The table separates the statutory ranges and does not assign an additional range to §287(b)(2). These are consequences of the identified provisions, not a prediction about a particular case or an exhaustive discussion of every subdivision. Read the actual complaint before comparing the allegation with any term.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Under 18 | PC §287(b)(1) | Up to 1 year county jail or 16 months / 2 / 3 years state prison | Requires individual review | Requires individual review |
| Defendant over 21; other person under 16 | PC §287(b)(2) | Felony; no separate term range stated here | Requires individual review | Requires individual review |
| Under 14; more than 10 years younger | PC §287(c)(1) | 3 / 6 / 8 years state prison | Requires individual review | Requires individual review |
| Force against an adult | PC §287(c)(2)(A) | 3 / 6 / 8 years state prison | Requires individual review | Requires individual review |
| Force against a person under 14 | PC §287(c)(2)(B) | 8 / 10 / 12 years state prison | Requires individual review | Requires individual review |
| Force against a minor 14 or older | PC §287(c)(2)(C) | 6 / 8 / 10 years state prison | Requires individual review | Requires individual review |
Sex-Offender Registration and Individual Consequences
- Convictions carry sex-offender registration under PC §290. SB 384 established a tiered registration system; the exact conviction and applicable rules determine the tier. Do not assume that every §287 conviction belongs to the same tier or that registration automatically ends without the required legal process.
- Registration consequences should be reviewed before any plea, not after sentencing. The charged subdivision and final conviction matter independently of the informal name used by an officer or prosecutor. No fixed registration period or guaranteed relief is promised here.
- A pending accusation is not the same as a conviction. Employment, professional and family concerns should be discussed confidentially with counsel using actual case information. A favorable resolution cannot be guaranteed, and an accusation alone should not be presented as proof of guilt.
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §287 Oral Copulation Charges
A professional defense addresses evidence and statutory requirements, not stereotypes about either participant. The relevant strategy depends on the subdivision and what can be established through reliable records or testimony. An asserted defense is not a guaranteed dismissal. Counsel should evaluate both helpful and unfavorable evidence before advising the accused.
Actual and Reasonable Belief the Other Person Was an Adult
Where legally available for an age-based charge, an actual and reasonable belief that the other person was 18 or older can be relevant. Both parts matter: the defendant must actually have held the belief, and the circumstances must support its reasonableness. A later assertion, an assumption about appearance or a vague reference to a social profile is not automatically enough. Counsel examines contemporaneous communications and the particular subdivision; this is not a blanket defense to force-based charges or every allegation involving a child.
Age-Based Charge
False Allegations or an Inaccurate Account
False allegations must be investigated through evidence, not presumed from a dispute. Communications, dates, independent witnesses and inconsistencies may support a defense, but an inconsistency does not automatically prove fabrication. Counsel can examine whether the account changed materially, whether a recording omits context and whether reliable records contradict a necessary fact. The accused should not contact or pressure the reporting person to obtain a retraction.
Evidence Review
Insufficient Evidence of the Charged Elements
The state must prove every required element beyond a reasonable doubt. A report using the statutory label may not establish the defined act, identity, ages, coercion or incapacity required by the charged subdivision. Testimony can be evidence, so absence of a particular physical item does not automatically defeat a case. The defense examines the complete evidentiary picture and identifies concrete gaps rather than relying on a generic claim that the prosecution has no proof.
Burden of Proof
No Defined Act Occurred
If the alleged act never occurred, the statutory definition has not been satisfied. Counsel should distinguish a denial of all contact from a dispute about what contact took place. Timing, opportunity, contemporaneous communications and available independent evidence may assist that analysis. Another kind of contact should not automatically be treated as oral copulation simply because a report uses a broad description. The defense must respond to the actual allegation rather than concede the act through imprecise language.
Act Dispute
Lawful Consensual Adult Conduct
Consensual oral sex between adults capable of consent is not prohibited by §287. If the allegation concerns adults, counsel examines the evidence of the coercive or incapacity circumstance the state claims made the conduct criminal. A relationship is not blanket consent to every act, but the prosecution also cannot substitute disapproval of consensual adult conduct for a prohibited statutory circumstance. This analysis must remain specific to the people, event and charged provision.
Adult Consent
Constitutional Sources
07 — Court Process
How PC §287 Oral Copulation Cases Move Through Los Angeles Courts
A criminal accusation is not a conviction. The filed complaint, supporting evidence and actual court orders determine what must be addressed. These stages describe general case preparation, not a promised schedule, guaranteed dismissal or prediction of the result. Counsel should connect each disputed issue to the specific charge.
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Step 1 — Identify the Charge and Preserve Evidence
Keep the citation, booking paperwork, complaint and hearing notices. Preserve original messages, recordings and relevant documents without deleting, editing or creating evidence. Write a confidential chronology for counsel that separates firsthand observations from assumptions. The exact allegation, incident date and identity of the people involved provide the starting point for evaluating the case.
- 2
Step 2 — Arraignment and Court Orders
Counsel reviews the allegations, appearance requirements and any release conditions. Follow the court’s actual orders and confirm the hearing information rather than relying on an informal description of the charge. A discussion with the prosecution does not cancel a court date or authorize conduct forbidden by an existing order.
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Step 3 — Discovery and Defense Investigation
Review reports, witness statements, recordings and physical evidence against each required element. The defense can investigate missing context, contradictions and the reliability of identification. Evidence favorable to the defense should be preserved through lawful channels; the accused should not pressure witnesses or attempt to obtain a retraction personally.
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Step 4 — Evaluate Motions, Resolution and Trial
Counsel assesses appropriate legal challenges and any proposed resolution in light of the evidence and the client’s circumstances. A negotiated offer must be evaluated for its actual terms and consequences, not merely its label. If the case proceeds to trial, the prosecution must prove the charged offense beyond a reasonable doubt. No outcome follows automatically from hiring counsel.
Los Angeles Courts That Handle PC §287 Oral Copulation Cases
Use the courthouse, department and date listed in the official case notice. A statute number alone does not establish a Los Angeles County courthouse assignment. These existing courthouse guides provide information when the notice identifies that location; they are not a claim that every case is filed there.
Clara Shortridge Foltz Criminal Justice Center
Consult this guide if your notice identifies the downtown criminal courthouse. Confirm the department and hearing requirements with counsel and the actual court paperwork.
Van Nuys Courthouse East
Use this guide when the case notice names Van Nuys Courthouse East. Do not substitute a general regional assumption for the hearing location ordered in your case.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Oral Copulation Defense Attorney
Daniel S. Rubin has defended clients charged with oral copulation and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel S. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §287 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Oral Copulation Cases Throughout LA County
09 — FAQs
PC §287 Oral Copulation Questions — Los Angeles
Is consensual oral sex between adults illegal in California?
No. Consensual oral sex between adults capable of consent is not a crime under PC §287. The statute criminalizes specified circumstances involving minors, force or other listed coercive means, and persons incapable of consent. Its definition of oral copulation does not itself prohibit every act within that definition. The actual allegation must establish the facts making the conduct criminal.
Why do older documents refer to PC 288a?
The statute was renumbered from Penal Code §288a to §287 in 2019. Older documents may use the former number. Counsel should review the alleged incident date and applicable provision instead of assuming the numbering change determines the outcome. PC §288, the separate lewd-acts statute, should not be confused with the former §288a.
What is the penalty under PC 287(b)(1)?
An act with a person under 18 under §287(b)(1) is a wobbler. It can carry up to one year in county jail as a misdemeanor or 16 months, two years or three years in state prison as a felony. The filing and final disposition matter. This range should not be applied to a different age-based or force-based subdivision.
What if the defendant is over 21 and the other person is under 16?
Section 287(b)(2) makes that specified conduct a felony. The participants’ ages at the alleged incident date must be established accurately. This guide does not assign an additional sentencing range to that provision. Counsel should examine the charged subdivision and the actual case documents rather than use the general offense name to select a sentence.
How do the force-based prison ranges differ?
Under §287(c)(2)(A), force-based conduct against an adult carries three, six or eight years. Under §287(c)(2)(B), force against a person under 14 carries eight, ten or twelve years. Under §287(c)(2)(C), force against a minor 14 or older carries six, eight or ten years. The prosecution must prove the required circumstances, not merely that contact occurred.
Is mistake of age always a defense?
No. An actual and reasonable belief that the other person was 18 or older can be relevant where legally available for an age-based charge. Its availability must be examined for the particular subdivision. It is not a blanket answer to force-based allegations or every charge involving a child. Both the actual belief and its reasonableness require a factual basis.
Does a conviction require sex-offender registration?
Convictions carry registration under PC §290 within the tiered system established by SB 384. The specific conviction and applicable rules determine the tier and legal obligations. Do not assume one registration period applies to every §287 conviction or that registration ends automatically. Review this issue before accepting a proposed plea.
What should I do if contacted about a PC 287 investigation?
Seek confidential legal advice before giving a substantive interview. Preserve original communications, records and notices without editing or deleting them. Do not pressure witnesses or contact someone to secure a retraction. Follow existing court orders and review the exact allegation with counsel. Call Rubin Law, P.C. at (213) 723-2337 for an individual case assessment; no result is guaranteed.
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Facing a PC §287 Allegation?
Discuss the charged subdivision, ages, consent evidence and registration consequences confidentially with Rubin Law, P.C. Call (213) 723-2337.
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