What is Sodomy
Sodomy is a crime that falls under the California sex crime category. The legal definition of sodomy is the act of a penis penetrating an anus of another person. Although its fine when there are two consenting adults. Sodomy under PC 286 makes it a crime to force someone to have sodomy against his/her will or doing acts of sodomy with a minor. The law says that you violate Sodomy PC 286 if you engage it with someone under 18, do it under force or fear, or unable to give consent. The last part may confuse some people. Unable to give consent means that the person may not be able to give consent if they do not know what know what will happen or not in the right state of mind. This means performing sodomy on a person that is drunk can punish you under Sodomy. Some other conditions could be if you took advantage of his or her mental disability. Or perhaps if the did not know what was going to happen. Example could be they were asleep or you tricked them into doing so.
What is considered consent
Consent is legally known as cooperation. However legally it means that an adult in the right state of mind allowed you to perform an action. This means that if he/she told you to put on a condom that is not consent. There is no formal yes to that statement. Although it may be a sign, it does not count for consent. Also if you do engage in sodomy but the person refuses to continue, you must stop when asked. That is known as the withdrawal of consent. Continuing to do the act will charge you as guilty of the crime. Use of force, or fear to get said consent is also against the law.
If you were charged with sodomy, speak to an attorney. Sodomy is a he said, she said crime that can lead to misunderstandings.
