Sodomy

Sodomy is a California sex crime that takes place when there is any sexual contact between the penis of one person and the anus of another. Sodomy may be charged as either a misdemeanor or a felony, depending on the severity of the case. Regardless of how it is classified, a conviction carries the requirement that the guilty party register as a sex offender, in accordance with California Penal Code 290. A skilled criminal defense lawyer who specializes in California sex crimes is the key to securing a favorable outcome, as he or she is the most qualified to represent a client charged with this type of emotionally unique and socially stigmatized case.

Sodomy, much like rape and oral copulation, may be charged under a variety of circumstances. The more aggravated the offense, the more severe the punishment. Some of the less serious sodomy charges involve situations where the accused (who can be any age) engages in sodomy with a person who is under the age of 18, where the accused engages in sodomy with another while both are incarcerated or where the accused engages in sodomy with another while both are confined in a state hospital or other treatment facility, and the alleged victim is incapable of giving consent due to his or her mental or physical disability (a fact which is known or should have been known by the accused). Under any of these scenarios, a defendant would face either a misdemeanor or a felony, punishable by a maximum one-year jail or prison sentence.

The other circumstances under which an individual may be charged with this crime lead to more serious penalties. Anyone over 21 years of age who engages in sodomy with another who is under 16 years of age will automatically be charged with a felony. Likewise, anyone who engages in sodomy with someone who is under 14 years of age and who is more than 10 years younger than he or she will automatically be charged with a felony and faces three, six or eight years in state prison. It should be noted that attempted sodomy will be criminally prosecuted as well, since the act would have been accomplished but for some intervening force (which typically means that the alleged victim was able to defend against the unwanted act).

Any force, intimidation or threats that the accused used in order to sodomize the alleged victim will also lead to a three, six or eight year state prison sentence. Similarly, if the alleged victim was unconsciousness at the time of the alleged offense (and that fact was known by the accused), or lacked the capacity to consent due to intoxication (and that fact was either known or should have been known by the accused), consented (believing that the accused was his or her spouse because the accused induced him or her into believing so) or lacked the capacity to consent due to a mental or physical disability (and that fact was either known or should have been known by the accused), the accused will face the same three, six or eight year state prison sentence.

The most aggravated sodomy offense occurs when an individual voluntarily acts in concert with another person, either personally or by aiding and abetting that other person, to engage in sodomy against the will of the alleged victim. Under that type of scenario, the accused faces imprisonment in the omit state prison for five, seven or nine years. It must be noted that consecutive sentencing applies to California sex offenses, which means that a defendant convicted of multiple illegal sex acts could actually be imprisoned for life.

The outstanding criminal attorneys at The Kavinoky Law Firm meticulously analyze and review all the facts of every case to determine what defenses will be the most effective and which evidentiary issues might lead to a reduced charge or an early dismissal. They have mastered California sex crime defense, which is clearly revealed in their skill and practice. For the most trusted legal advice and unequaled representation, contact the Kavinoky law firm today for a free consultation.