Unlawful Sodomy
The act of unlawful sodomy is governed by California Penal Code section 286, which defines sodomy as "sexual contact that takes place between the penis of one person and the anus of another person". Although like many states, sodomy was once illegal in California, today (and the US Supreme Court) has ruled that consensual anal copulation is perfectly legal. However, the code does penalize what is not referred to as unlawful sodomy, which typically are acts that include forcing someone to have sodomy against his or her will (i.e., without consent), performing an act of sodomy that involves a minor, performing an act of sodomy on someone too intoxicated, unconscious or unable (mentally or physically) to consent to the activity.
Unlawful Sodomy Penalties in Los Angeles
Penal Code section 286 contains numerous specific violations, each carrying their own punishment. Some of these fall under the auspices of California’s wobbler law, meaning that the prosecutor has the option to file the charge as a misdemeanor or a felony depending on the circumstances of the case and the offender’s criminal history.
In general, a misdemeanor unlawful sodomy conviction will come with a period of informal probation, up to one year in a county jail and a maximum fine of $1,000.00. If convicted of felony unlawful sodomy, the punishment could include formal probation, 16 months to three years in a California state prison and a maximum $10,000.00 fine.
There are some circumstances that will enhance the penalties. For example, if the sodomy act was done via force or fear, the prison sentence will increase to a minimum of five years and a maximum of nine years in a state prison.
California Unlawful Sodomy Defense Lawyers
In order to properly defend against your California unlawful sodomy charge and to protect your reputation, career and family, you need to seek the advice of an experienced California defense attorney.
The Law Offices of Jonathan I. Kelman specialize in defending California unlawful sodomy charges. If you or a loved one is facing a California criminal charge, seek the support of an attorney practicing only in criminal defense.
Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.