According to the
California Penal Code Section 286a,
sodomy is "sexual contact consisting of contact between the penis of one
person and the anus of another person". Both anal sex and anal copulation
refer to sodomy.
When Sodomy is Illegal
In California, sodomy is legal between consenting adults (over the age
of 18). Anal copulation becomes a criminal issue when a person participates
in sodomy with a minor, or if "the act is accomplished against the
victim's will by means of force." Making verbal or written threats
"to retaliate in the future" against a person in order to sodomize
them is illegal according to the state's penal code. An act of sodomy
with a person who is unconscious or otherwise unaware of what's going
on is also a criminal offense, as well as any act of sodomy with a person
who cannot resist because of intoxication, or if the person has a mental
disorder or any physical disability that makes it impossible for them
to consent legally. Helping someone to commit an act of sodomy against
the victim's will is also illegal, as well committing an act of sodomy
while incarcerated in state prison.
Keep in mind that any sex crime conviction in the state of California will
result in lifetime registration as a sex offender.
Determining Whether an Illegal Act of Sodomy is a Misdemeanor or Felony
A sodomy violation can either be classified as a misdemeanor or as a felony.
Misdemeanor sodomy violations incur jail time of up to one year, a fine
of up $1,000, and probation requirements. Felony sodomy violations are
more complicated and typically harsher — ranging from three to thirteen
years of jail time, a maximum fine of $10,000, and stiffer probation requirements.
Felony violations depend on the severity of the case and the age of the
victim compared to the age of the accused.
Each case is different and to understand the best way to defend yourself
against a sodomy violation requires a thorough understanding of your particular
case. If you have been charged with a Penal Code 286 sodomy violation
in Temecula, Murrieta, Lake Elsinore, Wildomar, Menifee, Hemet, Banning,
Corona or Riverside, it's important that you obtain the assistance
of an effective and experienced criminal defense attorney.
Call my office immediately at (951) 842-2347 to schedule a free consultation
directly with me.