A crude but honest definition of sodomy is simply “anal sex.” In the state of California, sodomy is a crime when it occurs between an adult and a minor or if it occurs in the context of non-consensual anal sex between adults. “Anal sex” under California law involves the penetration of one person’s penis into the anus of someone else.
California Penal Code Chapter 5, Section 286 PC states:
“Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy.”
In California, sodomy is considered to be a serious offense, punishable with prison time and other penalties. Under Cal. Penal Code 286 PC, anal sex crosses the line into a criminal act if it is:
Several legal strategies may hold true in a sodomy case, depending on the circumstances. Some of the most popular include:
Sodomy is generally prosecuted as a felony offense that is punishable by prison terms up to three years. There are also some instances in which sodomy can be prosecuted as a misdemeanor, such as when sodomy occurs between inmates. Prosecutorial discretion generally dictates when lesser sodomy offenses are pursued as a misdemeanor instead of felony charges.
Being charged with any sexually-based offense can be humiliating, frustrating, and scary. If you are facing sodomy charges, the nonjudgmental team with the Law Offices of Graham Donath is ready to help you move past this dark chapter in your life. With your liberty and freedom on the line, the importance of choosing a seasoned Riverside criminal defense attorney to combat these charges can’t be overstated. Reach out to our office to request a confidential consultation or call us in Riverside at 951-667-5293 or in Orange County at 714-758-5293.