According to legal experts at Wallin & Klarich , common defense strategies for these charges include:
This section defines sodomy as sexual contact between the penis of one person and the anus of another, noting that even slight penetration constitutes the act. Under California Penal Code 286 , the act becomes criminal when it is non-consensual, performed on a minor, or involves a victim incapable of consent. Tier 2 Registration Requirements 261ARA-286
Arguing that the physical contact required for the legal definition of the crime did not occur. Consent: Proving the act was consensual between two adults. According to legal experts at Wallin & Klarich
Legal analysts at DCD Law emphasize that in California, the age of consent is 18; any sexual act involving a minor is illegal under PC 286 even if the minor appeared to consent. Common Defenses Consent: Proving the act was consensual between two adults
Challenging the credibility of the evidence or testimony provided by the accuser. California Code, Penal Code - PEN § 286 - Codes - FindLaw
Individuals convicted of Tier 2 offenses are typically required to register as sex offenders for a minimum of 20 years .