Charged with a crime in San Diego? Wondering how the case will affect your reputation, career, and freedom? Trying to figure out what comes next? Look no further! David’s book addresses common misconceptions and mistakes made by those charged with a crime in San Diego. Some of the chapters include topics such as:
Oral copulation by force under PC 287 is a strike offense carrying up to 12 years in state prison, lifetime sex offender registration, and potential One Strike sentencing of 15 years to life or more. Our San Diego defense lawyers fight these charges aggressively. Call 24/7.
A charge of oral copulation by force changes everything overnight. The accusation alone can unravel your career, your relationships, and your standing in the community before you ever step foot inside a courtroom.
The circumstances that lead to these charges are rarely black and white. A consensual encounter that one party later recharacterizes. An accusation driven by anger, jealousy, or a custody dispute. A situation where the facts are far more complicated than what appears in a police report. These cases often come down to one person’s word against another, and prosecutors in San Diego file aggressively on sex crime allegations, even when the physical evidence is limited or nonexistent.
Charges are accusations, not convictions. The prosecution still has to prove every element of this offense beyond a reasonable doubt, including that force or fear was actually used. That is a high bar, and each element presents an opportunity for a skilled defense team to challenge the case against you.
The fear and uncertainty you’re feeling right now are completely understandable. What matters now is the defense you build. At David P. Shapiro Criminal Defense Attorneys, we’ve defended clients facing the full range of sex crime charges throughout San Diego County, including oral copulation by force under PC 287. We know how the San Diego District Attorney’s Sex Crimes Division operates, we know their tactics (including pretext calls), and we know how to fight back.
Time matters. Early action creates options that disappear later. Evidence fades, witnesses’ memories shift, and the prosecution is working on their case right now, whether or not you’ve hired an attorney yet.
Quick Reference: PC 287 Oral Copulation by Force
| Classification | Felony (always, when by force) |
|---|---|
| PC 287(c)(2)(A) — Force, Adult Victim | 3, 6, or 8 years in state prison |
| PC 287(c)(2)(B) — Force, Victim Under 14 | 8, 10, or 12 years in state prison |
| PC 287(c)(2)(C) — Force, Victim 14-17 | 6, 8, or 10 years in state prison |
| One Strike Law Exposure | 15 years to life, or 25 years to life |
| Strike Offense | Yes — Serious and violent felony |
| Sex Offender Registration | Tier 3 — Lifetime registration required |
| Additional | 85% time before parole eligibility; no Prop 57 early parole |
What Is Oral Copulation by Force Under California Law?
Penal Code Section 287 defines oral copulation as “the act of copulating the mouth of one person with the sexual organ or anus of another person.”1 Now here’s the critical distinction: consensual oral copulation between adults is perfectly legal. It is not a crime. Criminal liability under PC 287 arises only when the act is accomplished under specific circumstances outlined in the statute’s subsections.
The primary focus of this page, PC 287(c)(2), addresses oral copulation accomplished “against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.”2
What does “force” mean in this context? Well, it means enough physical force to overcome the other person’s will. California courts have grappled with this definition extensively. In People v. Griffin, the California Supreme Court addressed whether the force must be “substantially different from or substantially greater than” the physical force inherent in the act itself.3 This legal nuance matters enormously for defense purposes, because the prosecution cannot simply point to the physical act and call it “force.” They must prove something more.
“Duress” includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to coerce a reasonable person to perform or submit to an act they otherwise would not have. Courts look at the totality of the circumstances, including the age of the alleged victim and the relationship between the parties.
“Against the person’s will” means without consent. A person who submits because of force or fear has not consented. But the prosecution must prove the absence of consent. It is not assumed.
Important note: This statute was formerly codified as Penal Code Section 288a. The Legislature renumbered it to Section 287 effective January 1, 2019, via SB 1494. The substantive law did not change. If you see “PC 288a” on a police report, court document, or older case, it refers to this same offense.
What Must the Prosecution Prove?
To convict you of oral copulation by force under PC 287(c)(2)(A), the prosecution must prove ALL of the following elements beyond a reasonable doubt:4
1. You committed an act of oral copulation with another person.
Oral copulation means any contact, however slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required. The prosecution must prove the act occurred. In many cases, the only evidence of the act itself is the accuser’s testimony.
2. The act was accomplished against that person’s will.
This means the other person did not consent. The prosecution has to prove the absence of consent, not the other way around. If the act was consensual, no crime occurred under this subsection. Period.
3. The act was accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
This is often where the entire case is won or lost. The prosecution must prove not only that the act happened and that it was nonconsensual, but that force, fear, duress, menace, or violence was the means by which it was accomplished. Each of those terms has a specific legal definition, and each presents its own evidentiary challenges for the prosecution.
When the alleged victim is a minor, the prosecution must also prove the victim’s age at the time of the act:
- Under PC 287(c)(2)(B): The victim was under 14 years of age.
- Under PC 287(c)(2)(C): The victim was 14 years of age or older but under 18.
The burden is on them to prove all of this. Beyond a reasonable doubt. That’s the highest standard in our legal system, and every element is a question mark for the prosecution and an opportunity for the defense.
Types of PC 287 Charges: Understanding the Subsections
Not all PC 287 charges carry the same consequences. The specific subsection you’re charged under dramatically affects the penalties, registration requirements, and defense strategy. Understanding these distinctions is essential.
Force-Based Offenses (Primary Focus)
These are the most serious PC 287 charges and the primary focus of this page:
PC 287(c)(2)(A): Force or Fear, Adult Victim. This is the “standard” oral copulation by force charge when the alleged victim is 18 or older. Felony only, carrying 3, 6, or 8 years in state prison.5
PC 287(c)(2)(B): Force or Fear, Victim Under 14. The most severely punished subsection. Felony only, carrying 8, 10, or 12 years in state prison.6
PC 287(c)(2)(C): Force or Fear, Victim 14-17. Felony only, carrying 6, 8, or 10 years in state prison.7
PC 287(d): Acting in Concert by Force. When two or more people act together to commit oral copulation by force. Felony only, carrying 5, 7, or 9 years in state prison.8
Non-Force Offenses (Age-Based and Incapacity)
These subsections do not require proof of force but involve other prohibited circumstances:
PC 287(b)(1): Oral Copulation with a Minor Under 18 (No Force). This is the only wobbler in the PC 287 family. As a misdemeanor, up to 1 year in county jail. As a felony, 16 months, 2, or 3 years in state prison.9 No strike. Lower registration tier.
PC 287(b)(2): Defendant 21 or Older, Victim Under 16. Felony, 3, 6, or 8 years.10
PC 287(c)(1): Victim Under 14, Defendant 10+ Years Older (No Force Required). Felony, 3, 6, or 8 years.11
PC 287(e), (f), (g): Incapacitated, Unconscious, or Intoxicated Victim. Each is a felony carrying 3, 6, or 8 years.12
The distinction between subsections matters enormously. A PC 287(b)(1) wobbler conviction with Tier 1 registration is a fundamentally different outcome than a PC 287(c)(2)(A) strike conviction with lifetime Tier 3 registration. Identifying which subsection applies, and whether the facts support a reduction to a less severe subsection, is a critical part of defense strategy.
Penalties and Consequences
Prison Sentences
| Subsection | Circumstance | Prison Term |
|---|---|---|
| PC 287(c)(2)(A) | Force — adult victim | 3, 6, or 8 years |
| PC 287(c)(2)(B) | Force — victim under 14 | 8, 10, or 12 years |
| PC 287(c)(2)(C) | Force — victim 14-17 | 6, 8, or 10 years |
| PC 287(d) | Acting in concert by force | 5, 7, or 9 years |
| PC 287(b)(1) felony | Minor under 18, no force | 16 months, 2, or 3 years |
| PC 287(b)(2) | Defendant 21+, victim under 16 | 3, 6, or 8 years |
| PC 287(e), (f), (g) | Incapacitated/unconscious/intoxicated | 3, 6, or 8 years |
Fines of up to $10,000 apply to all felony convictions.13
The One Strike Law: Where the Real Sentencing Danger Lives
Here’s what a lot of pages about this charge don’t tell you. The base sentence of 3, 6, or 8 years for PC 287(c)(2)(A) is only the starting point. Penal Code Section 667.61, California’s “One Strike” law, can transform the sentencing landscape entirely.14
15 years to life if one qualifying circumstance is present. Qualifying circumstances include kidnapping, use of a weapon, tying or binding the victim, burglary (entering a structure with intent to commit the offense), or administering an intoxicating substance.15
25 years to life if two or more qualifying circumstances are present, OR if the defendant has a prior qualifying sex offense conviction.16
So you can see how quickly a case that starts at 3-6-8 years can escalate to a potential life sentence. The One Strike law is arguably the most critical sentencing consideration in any PC 287 force case, and it is the reason these charges require immediate, experienced defense.
Additional Sentencing Enhancements
Beyond the One Strike law, other enhancements can add years to the sentence:
Great bodily injury (PC 12022.8): An additional 3 to 5 years, served consecutively.17
Weapon use in a sex offense (PC 12022.3): An additional 1 to 10 years, depending on the weapon type.18
Kidnapping to commit a sex offense (PC 209(b)): Life with the possibility of parole.19
Each of these enhancements is served on top of the base sentence. They stack.
Strike Offense: What This Means for Your Life
A strike changes everything. Not just for this case, but for the rest of your life.
Oral copulation by force under PC 287(c)(2) is classified as both a “serious felony” under Penal Code Section 1192.7(c) and a “violent felony” under Penal Code Section 667.5(c).20 That dual classification triggers California’s Three Strikes law.
What that means in practice:
A conviction counts as a strike on your record permanently. If you are ever convicted of another felony in the future, even years or decades later, your sentence for that subsequent felony is presumptively doubled. A third strike can result in 25 years to life in state prison.
As a violent felony, you must serve at least 85% of your sentence before becoming eligible for parole.21 There is no early release, no good-time credits that meaningfully reduce the sentence. You are also not eligible for early parole consideration under Proposition 57.
Sex Offender Registration: Lifetime Consequences
A conviction for oral copulation by force triggers mandatory sex offender registration under Penal Code Section 290.22 Under California’s tiered registration system (SB 384, effective January 1, 2021), the registration requirements depend on the specific offense:
Tier 3, Lifetime Registration: All force-based convictions under PC 287(c)(2)(A), (B), and (C), as well as PC 287(c)(1) and PC 287(d). Tier 3 registrants may petition for termination after a minimum of 20 years, though approval is not guaranteed.23
Tier 2, Minimum 20 Years: PC 287(b)(1) felony, PC 287(b)(2), and PC 287(e), (f), (g).24
Tier 1, Minimum 10 Years: PC 287(b)(1) misdemeanor.25
Registration requires annual updates with local law enforcement. Your information becomes publicly accessible through the Megan’s Law website. Failure to register is a separate felony under Penal Code Section 290.018.26
If the victim was a minor, Jessica’s Law (Penal Code Section 3003.5) prohibits you from living within 2,000 feet of a school or park upon release.27
The difference between Tier 2 and Tier 3 is the difference between 20 years of registration and a lifetime on the registry. Which tier applies depends entirely on the subsection of conviction, making the specific charge and any negotiated resolution critically important.
Collateral Consequences
Immigration
For non-citizens, a conviction under PC 287 by force is classified as an aggravated felony under federal immigration law.28 The reality of the situation is that deportation becomes virtually certain. There is no waiver, no relief, and no discretion available to an immigration judge for an aggravated felony conviction. If you are not a U.S. citizen, the immigration consequences of this charge cannot be overstated. San Diego’s proximity to the border and significant immigrant population make this consideration especially relevant.
Professional Licenses
A felony sex crime conviction is grounds for revocation or denial of virtually every professional license in California, including medical, legal, nursing, teaching, real estate, and financial services licenses. The State Bar, medical boards, and licensing agencies treat sex offense convictions as crimes of moral turpitude. For many professionals, this consequence is as devastating as incarceration.
Military Consequences
San Diego is home to Camp Pendleton, MCAS Miramar, Naval Base San Diego, Naval Base Point Loma, and Naval Station 32nd Street. Service members facing PC 287 charges face both civilian prosecution and potential UCMJ consequences, including court-martial, dishonorable discharge, and loss of all military benefits. A conviction can end a military career permanently.
Employment and Housing
Sex offender registration creates barriers to employment and housing that persist for the duration of registration. Many employers conduct background checks that will reveal both the conviction and the registration status. Housing options are severely restricted, particularly under Jessica’s Law residency requirements for offenses involving minors.
Child Custody
A sex crime conviction can result in the loss or severe restriction of custody and visitation rights. Family courts treat sex offense convictions as strong evidence against a parent’s fitness, particularly when the offense involved a minor.
Firearm Rights
A felony conviction permanently prohibits you from owning or possessing firearms in California.29
Defense Strategies for PC 287 Charges
These cases are defensible. The question is identifying the right strategy based on the specific facts and then executing that strategy with preparation and precision. Many lawyers, based on inexperience, indifference, and/or outright incompetence, will push you toward a plea without ever investigating the case. The reality is, PC 287 cases require thorough investigation and strategic analysis before anyone can tell you what your best options are.
Consent
Consent is the most common and often the most effective defense to oral copulation by force charges. If the act was consensual, no crime occurred under PC 287(c)(2). The prosecution must prove the act was accomplished against the alleged victim’s will by force or fear. If we can demonstrate consent, every element tied to force collapses.
What does that investigation look like? We examine text messages, social media communications, and other digital evidence before and after the alleged incident. We look at the relationship history between the parties. We interview witnesses who may have observed the interactions. We analyze whether the accuser’s account is consistent with the physical evidence, the timeline, and the surrounding circumstances.
One critical point: consent can be withdrawn at any time. But the question the jury must answer is whether force was actually used to overcome the other person’s will. Mere submission is not the same as consent, but the prosecution still has to prove force. We can, and will, challenge the prosecution’s characterization of the encounter if the facts support a position to do so.
False Accusation
Sex crime allegations are uniquely susceptible to false accusations because of the private nature of the acts and the emotional dynamics often involved. Motivations for false allegations include custody disputes, divorce proceedings, revenge, jealousy, regret after a consensual encounter, financial motives tied to a civil lawsuit, and, in some cases, mental health issues affecting the accuser’s perception or memory.
We investigate the accuser’s motive thoroughly. We look for inconsistencies in their account across multiple statements (to police, to SART nurses, to friends, to prosecutors). We examine whether the accuser has a history of making similar allegations. We subpoena records that may reveal a motive to fabricate.
Challenging the Force Element
Even when the prosecution can establish that a sexual act occurred, proving force is a separate and often much more difficult task. We challenge:
The absence of physical evidence. No injuries, no torn clothing, no defensive wounds. While the absence of physical evidence does not disprove force by itself, it weakens the prosecution’s case considerably.
Inconsistent statements. If the accuser described the encounter differently to different people at different times, those inconsistencies undermine credibility on the force element specifically.
Delayed reporting without adequate explanation. While delayed reporting does not automatically mean the accusation is false, it is a factor the jury can consider.
The legal definition of force itself. As noted above, California case law requires that force be something beyond the physical force inherent in the act. This is a nuanced legal argument that can be powerful in the right case.
Defending Against Pretext Calls
The San Diego District Attorney’s Sex Crimes Division frequently uses pretext calls as a primary evidence-gathering tool. What does that look like? The alleged victim contacts you, often by phone, while law enforcement listens and records the conversation. The goal is to get you to make admissions or statements that can be used against you.
If you are accused of a sex crime, do not discuss the allegations with anyone other than your attorney. Not with the accuser, not with friends, not with family members. Anything you say can and will be used against you. If someone contacts you wanting to “talk about what happened,” assume it may be recorded. Politely decline and call your attorney immediately.
Mistaken Identity
In cases involving strangers or situations where the alleged victim did not clearly see the perpetrator, identification errors are a real concern. Eyewitness identification is notoriously unreliable, particularly in cross-racial identifications, dark environments, or situations involving intoxication. We investigate alibis, challenge suggestive identification procedures, and pursue DNA evidence that may exclude you.
Constitutional Violations and Evidence Suppression
Evidence obtained in violation of your constitutional rights may be suppressed, meaning the jury never sees it. We examine whether law enforcement conducted illegal searches of your phone, home, or vehicle. We scrutinize whether statements were obtained without proper Miranda warnings or through coercive interrogation tactics. We challenge the collection and chain of custody of forensic evidence from SART exams.
A successful suppression motion under Penal Code Section 1538.5 can eliminate critical prosecution evidence and fundamentally change the trajectory of the case.30
Forensic Evidence Challenges
DNA evidence can prove contact occurred but cannot prove force or the absence of consent. SART exam findings may be inconclusive or entirely consistent with consensual activity. Toxicology results may be unreliable or improperly collected. We retain independent forensic experts to analyze the prosecution’s evidence and, where appropriate, present alternative interpretations to the jury.
Negotiation for Lesser Charges
In cases where the evidence presents significant challenges, skilled negotiation may secure a reduction to a less severe subsection or a different offense entirely. The difference between a PC 287(c)(2)(A) conviction (strike, Tier 3 lifetime registration) and a PC 287(b)(1) resolution (wobbler, no strike, lower registration tier) is enormous. This is not about giving up. It is about achieving the best possible outcome under the specific facts and circumstances.
Related Charges: Understanding the Differences
PC 287 charges are frequently filed alongside or in place of other sex offenses. Understanding how these charges relate to each other helps you see the full picture of what you’re facing.
Rape (PC 261): Involves vaginal intercourse by force. Same penalty structure and strike status as PC 287(c)(2). Often charged alongside PC 287 when multiple sexual acts are alleged.31
Sodomy by force (PC 286(c)(2)): Involves anal intercourse by force. Identical penalty structure to PC 287(c)(2). Frequently co-charged.32
Sexual penetration by force (PC 289(a)): Involves penetration by a foreign object. Similar penalty structure. Often charged when the prosecution alleges multiple types of sexual assault.33
Assault with Intent to Commit a Sex Offense (PC 220): Often charged when the completed sexual act is disputed but the prosecution alleges an attempt.34
Lewd acts on a child (PC 288): When the alleged victim is under 14, the prosecution may charge PC 288 in addition to or instead of PC 287.35
Sexual battery (PC 243.4): A wobbler offense that may be a lesser-included charge. No strike. May or may not require registration.36
The specific charges filed, and any reductions negotiated during the case, determine the penalties, strike status, and registration tier. This is why the defense strategy must account for the full charging landscape, not just the lead charge.
Facing Oral Copulation by Force Charges in San Diego?
When you’re facing charges that carry the possibility of a life sentence under the One Strike law, lifetime sex offender registration, and permanent strike status, you need attorneys who have actually defended these cases at the highest levels. Not lawyers who handle sex crimes occasionally. Not lawyers who will push you to take a deal in the first meeting because they don’t understand the nuances of force-element litigation, pretext call evidence, or One Strike sentencing exposure. We’ve defended clients throughout San Diego County facing the full spectrum of PC 287 charges, from investigation through jury verdict. We know how the DA’s Sex Crimes Division builds these cases, and we know how to dismantle them.
Every day without representation is a day the prosecution works unopposed. The stakes here are too high for hesitation.
Call us 24/7 for a consultation. We’ll review your case, explain exactly what you’re facing, and start building your defense immediately. Contact our team today — you’re entitled to a defense that matches the seriousness of what you’re up against. Protect your freedom, protect your future.
References
- 1. Penal Code, § 287, subd. (a) [“Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.”]↑
- 2. See CALCRIM No. 1015 [Oral Copulation by Force or Fear].↑
- 3. People v. Griffin (2004) 33 Cal.4th 1015.↑
- 4. See CALCRIM No. 1015 [Oral Copulation by Force or Fear].↑
- 5. See CALCRIM No. 1015 [Oral Copulation by Force or Fear].↑
- 6. Penal Code, § 287, subds. (b)-(g) [penalties for various subsections].↑
- 7. Penal Code, § 287, subds. (b)-(g) [penalties for various subsections].↑
- 8. Penal Code, § 287, subds. (b)-(g) [penalties for various subsections].↑
- 9. Penal Code, § 287, subds. (b)-(g) [penalties for various subsections].↑
- 10. Penal Code, § 287, subds. (b)-(g) [penalties for various subsections].↑
- 11. Penal Code, § 287, subds. (b)-(g) [penalties for various subsections].↑
- 12. Penal Code, § 287, subds. (b)-(g) [penalties for various subsections].↑
- 13. Penal Code, § 287, subds. (b)-(g) [penalties for various subsections].↑
- 14. Penal Code, § 667.61 [One Strike law — sentencing for specified sex offenses].↑
- 15. Penal Code, § 667.61 [One Strike law — sentencing for specified sex offenses].↑
- 16. Penal Code, § 667.61 [One Strike law — sentencing for specified sex offenses].↑
- 17. Penal Code, § 12022.8 [Enhancement for infliction of great bodily injury during sex offense].↑
- 18. Penal Code, § 12022.3 [Enhancement for weapon use during sex offense].↑
- 19. Penal Code, § 209, subd. (b) [Kidnapping to commit specified sex offenses].↑
- 20. Penal Code, § 667.5, subd. (c) [Definition of violent felony]; Penal Code, § 1192.7, subd. (c) [Definition of serious felony].↑
- 21. Penal Code, § 2933.1 [Custody credit limitations for violent felonies].↑
- 22. Penal Code, § 290 [Sex offender registration]; see also Penal Code, § 290.04 [Tiered registration system under SB 384].↑
- 23. Penal Code, § 290 [Sex offender registration]; see also Penal Code, § 290.04 [Tiered registration system under SB 384].↑
- 24. Penal Code, § 290 [Sex offender registration]; see also Penal Code, § 290.04 [Tiered registration system under SB 384].↑
- 25. Penal Code, § 290 [Sex offender registration]; see also Penal Code, § 290.04 [Tiered registration system under SB 384].↑
- 26. Penal Code, § 290.018 [Failure to register as sex offender].↑
- 27. Penal Code, § 3003.5 [Jessica’s Law — residency restrictions].↑
- 28. See 8 U.S.C. § 1101(a)(43)(A) [Aggravated felony definition under federal immigration law].↑
- 29. Penal Code, § 29800 [Felon prohibited from possessing firearms].↑
- 30. Penal Code, § 1538.5 [Motion to suppress evidence].↑
- 31. Penal Code, § 261 [Rape].↑
- 32. Penal Code, § 286, subd. (c)(2) [Sodomy by force].↑
- 33. Penal Code, § 289, subd. (a) [Sexual penetration by force].↑
- 34. Penal Code, § 220 [Assault with intent to commit specified sex offenses].↑
- 35. Penal Code, § 288 [Lewd acts on a child under 14].↑
- 36. Penal Code, § 243.4 [Sexual battery].↑
"*" indicates required fields
200+
Google Reviews
Our appearances in the media.
PRACTICE AREAS
Down Town Office
El Cajon Office
- San Diego
- El Cajon
- La Jolla
- Chula Vista
- La Mesa
- National City
- Coronado
- Del Mar
- Encinitas
- Carlsbad
- Oceanside
- Vista
- San Marcos
- Poway
- Santee
- Rancho Peñasquitos
- University City
- Clairemont / Bay Park
