California Penal Code 286

Are you facing charges for Sodomy? Violation of Penal Code 286 can be a serious felony or misdemeanor offense. When a person is charged with any type of sex crime, there are several negative affects that court proceedings can have on their future. If convicted of a sex crime, you may have to be an entry on the sex offender’s registry for the remainder of your lifetime.


At MacGregor & Collins, LLP, our sex crime lawyers in Orange County can help you better understand your charges and help to put you on a path for success. Call or fill out our contact form today to receive a free and thorough case evaluation from an attorney with experience and skill.


PC 286 Defined


According to governing penal codes, Sodomy is defined as having anal sex with someone against their will, someone who is a minor, or someone who is intoxicated.


In order to prosecute for CPC 286 Orange County Sodomy, the state has the burden to prove you were guilty of either:


  • You performed anal sex with someone else, without their consent
  • You used force and aggression to perform this act
  • The person was either:
    • A minor
    • An intoxicated individual
    • Someone with a disability


A minor in this instance is anyone under the age of 18 years old. Those who commit sexual acts on a minor could face charges for PC 647.6 which carries different penalties.


Maximum Penalties for those in Violation of CPC 286


Sodomy can be filed under (felony or misdemeanor), and those found guilty can face:


  • Misdemeanor – Up to I Year in the Orange County Jail, a $1,000 maximum fine, and an informal probation
  • Felony – 16 Months – 2-3 Years in the California State Prison and a $10,000 maximum fine


There are several defense strategies that can be used to help prove innocence when faced with sodomy charges. Regardless of working strategies, a defense strategy should be devised based on each individual’s specific case circumstances. Sometimes there are multiple ways in which a defendant’s guilt can be disproven, others have less evidence in their favor.

If you are facing Sodomy charges for California Penal Code Section 286, you are probably very concerned about your future. Though things may seam bleak, there is hope. Contact a MacGregor & Collins, LLP legal professional today to find out how you can help put yourself in a position to avoid serving hard time.

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