Arraignment on information was scheduled on September 8 for Darius Upshaw. He was held answer on 6 counts of oral copulation of an intoxicated victim after his preliminary hearing.
For the jury trial, he is charged with 6 felony counts. The charges are either PC 287 (i) or PC 287 (f).
Mr. Russ Clanton is Upshaw's attorney. Deputy District Attorney Carolyn Schaffer is the prosecutor for the case. Deputy DA Steven Steward appeared on the case for the People.
Time was not waived. Trial confirmation is scheduled for October 19; jury trial on November 2.
PC 287 (i) : Any person who commits an act of oral copulation, where the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.
PC 287 (f): " Any person who commits an act of oral copulation, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. "
As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:
(1) Was unconscious or asleep.
(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.
(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the oral copulation served a professional purpose when it served no professional purpose.
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