Is Section 288a of the California Penal Code applicable to an act of oral copulation on an unconscious victim?

⁴ Subdivision (f) of section 288a provides that an act of oral copulation on an unconscious victim, as therein defined, is punishable by imprisonment for a period of three, six or eight years. Subdivision (i) of section 288a provides that an act of oral copulation on a victim who is prevented from resisting as a result of any intoxicating, anesthetic or controlled substance is punishable by imprisonment for a period of three, six or eight years. Although appearing in a single statute, these provisions define separate substantive offenses, as each contains elements the other does not, neither references nor depends on the other and perhaps most importantly, each provides its own period of punishment. (See e.g., People v. Muhammad (2007) 157 Cal.App.4th 484, 490492, 68 Cal.Rptr.3d 695 [discussing the definitions of and the differences between the terms "offense," "enhancement" and "penalty provision," and noting under section 15 that a "crime or public offense" is an " act committed or omitted in violation of law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: ... [] 2. [i]mprisonment "].)