If you have been arrested for the crime of Sodomy, call experienced criminal defense lawyer Max Gorby at (323) 477-2819.

• California Penal Code 286 PC — Sodomy

California Penal Code 286 PC — Sodomy. (“(a) 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.”

California Penal Code 261.6 — Consent; current or previous dating or marital relationship…(“A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue in a prosecution under [California Penal Code] Section…286…”

California Penal Code 261.7 — Evidence that victim requested that defendant use condom or other birth control device; consent. (“In prosecutions under [California Penal Code] Section…286 [sodomy]…in which consent is at issue, evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device, without additional evidence of consent, is not sufficient to constitute consent.”

CALJIC 10.20 — Unlawful sodomy by force or threats. (“[“Menace” means any threat, declaration, or act that shows an intention to inflict an injury upon another.] [“Duress” means a direct or implied threat of force, violence, danger, [hardship,] or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which [she] [he] would not otherwise have performed, or acquiesce in an act to which [she] [he] otherwise would not have submitted. The total circumstances, including the age of the alleged victim, and his or her relationship to the [perpetrator] [defendant], are factors to consider in appraising the existence of the duress.] [The fear of immediate and unlawful bodily injury must be actual and reasonable under the circumstances [, or if unreasonable, the perpetrator must have known of the victim’s fear and taken advantage of it].] [“Threatening to retaliate” means a threat to kidnap or falsely imprison, or inflict extreme pain, serious bodily injury, or death.]”

“Duress” is a direct or implied threat of force, violence, danger, or retribution that coerces a reasonable person to perform an act which he/she otherwise would not have performed. Threatening to have the alleged victim arrested or deported if he/she doesn’t engage in sodomy would be an example of duress.

CALJIC 10.65 — Belief as to consent; sodomy. (“In the crime of unlawful [forcible rape] [oral copulation by force and threats] [forcible sodomy] [penetration of the [genital] [or] [anal] opening by a foreign object, substance, instrument or device by force, [violence] [fear] [or] [threats to retaliate]], criminal intent must exist at the time of the commission of the __________. There is no criminal intent if the defendant had a reasonable and good faith belief that the other person voluntarily consented to engage in [sexual intercourse] [oral copulation] [sodomy] [or] [penetration of the [genital] [anal] opening by a foreign object, substance, instrument, or device]. Therefore, a reasonable and good faith belief that there was voluntary consent is a defense to such a charge[.] [, unless the defendant thereafter became aware or reasonably should have been aware that the other person no longer consented to the sexual activity.

CALJIC 10.67 — Belief as to age; sodomy. (“In the crime of unlawful [sodomy], general criminal intent must exist at the time of the commission of the act of [sodomy]. There is no general criminal intent if the defendant had a reasonable and good faith belief that the other person was 18 years of age or older at the time that person engaged in the act of [sodomy]. Therefore, a reasonable and good faith belief of such age is a defense to unlawful [sodomy]. If after consideration of all of the evidence, you have a reasonable doubt that the defendant had general criminal intent at the time of the act of [sodomy], you must find [him] [her] not guilty of the crime.

California Penal Code 667 PC — Habitual criminals; enhancement of sentence; amendment of section (otherwise known as California’s Three Strikes Law). (“(b) It is the intent of the Legislature in enacting subdivisions (b) to (i), inclusive, to ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of serious and/or violent felony offenses.”

Please contact Attorney Max Gorby at (323) 477-2819 regarding any questions related to California Penal Code section  286 Sodomy.