LEGAL ANALYSIS: What is "Oral Copulation"? When is it illegal?

Criminal defense attorney Michael Becker gives a legal analysis of the term "oral copulation" and explains situations when oral copulation can become a crime.

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Although oral copulation (also called oral sex or fellatio) is not a crime in and of itself, if it is committed by way of force or fear, or if it involves a minor who could not consent, or someone who was too intoxicated to consent, or if the oral copulation happened in public view, then it rises to the level of a serious sex crime.

Penalties for crimes like oral copulation with a minor, or oral copulation by way of force or fear (also called sexual assault) include lengthy prison times and registration as a sex offender. While the related crime of oral copulation in public is a misdemeanor on a first offense, it still leads to sex offender registration, and it can be charged as a felony under certain circumstances.

However consenting adults who perform oral copulation in a private setting, may be charged with a crime by overzealous prosecutors, or because of circumstances which were misunderstood by police. There could have been false allegations, or perhaps the accused party thought they had consent, or it's possible no sex act technically occurred. These are all defenses that a skilled and experienced criminal defense attorney can use to their advantage to fight false accusations of "oral copulation" crimes.

If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

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