I keep searching for penal code 288a. Can someone please tell me where to find the full definition of 288a?

Asked over 4 years ago - San Jose, CA

Does it include oral copulation?

Also, I would like to know HOW TO FIND statitistics on this penal code. For ex: How many are convicted under this code compared to other codes? and how many are plea bargains in which the victim was not actually 14? I can't sleep over the fact that my partner is not free because of this. It's been 7 years of hell. We want to fight and end this extreme punishment for a relatively benign act (having a 16 yr old girlfriend at 19).

Additional information

Thank you Mr. Marshall! I read the code, but nowhere does it say oral copulation. I feel so confused by this. I do not want my boyfriend potenially on parole for life because of this code. He already served 3 years in prison, has been on probation for 4 years and has very strict rules. He has committed zero violations in 4 years. We are so distressed by this.

Attorney answers (2)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . Make sure you're looking at the right section.

    There's Penal Code section 288a [without parentheses] that deals with oral copulation. There are subsections that are for the act done by force, because the victim was intoxicated, age difference, etc.

    Then there's Penal Code section 288(a) [with parentheses]. That is lewd and lascivious acts on a child under 14, commonly referred to as the child molest section.

  2. Robert Lee Marshall

    Contributor Level 20

    Answered . Penal Code 288a *is* oral copulation with specified persons.

    The full text of all California codes is available at http://www.leginfo.ca.gov/calaw.html

    I tried to paste the entire section, but it exceeds Avvo's character limit.

    I am unaware of any source for the kind of statistics you have requested.

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