Penal Code 289 PC | Forcible Acts of Sexual Penetration with a Foreign Object

Penal Code 289 PC – Forcible Acts of Sexual Penetration with a Foreign Object

California Penal Code 289 PC defines the felony crime of forcible penetration with a foreign object as penetrating the vagina or anus of a victim using a foreign object by use of force or fear, without their consent. This section covers nonconsensual sexual acts involving penetration with objects other than a penis.

Overview of Penal Code 289 PC

Penal Code 289 PC, also known as forcible sexual penetration with a foreign object, makes it a felony to penetrate the genital or anal opening of another person using any foreign object, substance, instrument or device by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury.

The crime involves penetrating the vagina or anus of the victim through use of threats, force or fear. This would also include situations where the victim is prevented from resisting due to being unconscious, asleep, unaware, or too intoxicated to resist.

What is Considered Sexual Penetration?

Under Penal Code 289(k)(1), sexual penetration is defined as:

• The act of causing the penetration, however slight, of the genital or anal opening of any person by any foreign object, substance, instrument, device, or unknown object for the purpose of sexual arousal, gratification, or abuse.

This covers any penetration of the vagina or anus, no matter how slight. The penetration does not need to be substantial. Even slight penetration meets the legal definition.

What is a Foreign Object?

A foreign object is considered anything other than a sexual organ according to Penal Code 289(k)(2). This can include:

• Fingers
• Hands
• Toes
• Tongue
• Any instrument or device
• Any unknown object

The crime does not require penetration with a penis. Insertion of any foreign object into the genital or anal opening against the victim’s will meets the definition, even if only slight penetration occurs.

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Legal Definition of Forcible Sexual Penetration

The basic legal definition of forcible sexual penetration with a foreign object under Penal Code 289(a)(1)(A) makes it a felony to:

• Commit an act of sexual penetration with another person
• Accomplish the act against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person

Related Charges

Other sex crimes related to Penal Code 289 PC include:

• Penal Code 286 PC – Sodomy
• Penal Code 287 PC – Oral copulation by force or fear
• Penal Code 261 PC – Rape
• Penal Code 243.4 PC – Sexual battery

Penalties for Violating Penal Code 289

Forcible sexual penetration with a foreign object under Penal Code 289 is a felony offense in California. Potential penalties include:

• Felony probation
• Imprisonment in state prison for 3, 6 or 8 years
• Fine up to $10,000

Penalties are increased if the victim was under age 14 or a minor aged 14-17. Defendants are also required to register as a sex offender for a minimum of 20 years.

Legal Defenses

Some common defenses for charges under PC 289 include:

• The alleged victim consented to the sexual acts
• There is insufficient evidence of the alleged crime
• You had a reasonable belief the other person consented
• The accusations are false or exaggerated

An experienced criminal defense attorney can evaluate the details of your case and advise you on the best defense strategies.

Forcible Sexual Penetration of a Minor

Penal Code 289 also makes it a crime to commit forcible sexual penetration with a foreign object against a minor under age 18. This applies even if no force or threats were used.

Penetration of a Minor Under Age 14

Penal Code 289(h) states that any person who commits an act of sexual penetration with a minor under age 14 shall be punished by imprisonment for 3, 6 or 8 years in state prison.

Penetration of a Minor Age 14 to 17

Penal Code 289(i) covers acts of sexual penetration with a minor age 14 to 17 and provides for imprisonment up to 1 year in county jail.

Penetration of an Intoxicated Person – PC 289(e)

It is also illegal under Penal Code 289(e) to commit an act of sexual penetration when the victim is prevented from resisting due to intoxication. This applies if the intoxication is known or reasonably should have been known to the accused.

Penetration of an Unconscious Person – PC 289(d)

Penal Code 289(d) makes it illegal to commit forcible penetration of a victim who is unconscious. This includes situations where the victim is:

• Asleep
• Unaware
• Otherwise unconscious

Penetration by Threats of Retaliation – PC 289(a)(1)(D)

Under Penal Code 289(a)(1)(D), it is illegal to accomplish sexual penetration by threatening to retaliate against the victim or any other person in the future.

Habitual Sex Offender Laws

Penal Code 667.71 PC provides increased penalties under California’s habitual sex offender laws. This can result in a life sentence in prison for certain types of repeat sex offenses.

Sex Offender Registration Requirement

A conviction under Penal Code 289 will also require you to register as a sex offender with local law enforcement under Penal Code 290 PC. The length of time required on the registry depends on the specific offense.

Common Questions

Is penetration with a finger illegal?

Yes, under Penal Code 289, penetration with any foreign object is considered illegal, including penetration with a finger or fingers. The crime does not require penetration with a penis.

What if the victim consented?

Lack of consent is a required element for a conviction under PC 289. If the sexual acts were consensual, then it would not qualify as forcible penetration with a foreign object.

Is penetration with an object considered rape?

No. Penal Code 289 applies to nonconsensual penetration with a foreign object. Penal Code 261 defines the crime of rape specifically as nonconsensual sexual intercourse. However, both charges are felony sex offenses in California.

What if the victim was my spouse?

Spousal rape laws in California make it illegal to force a spouse to engage in nonconsensual sexual acts. Marriage or a domestic partnership does not exempt someone from prosecution for forcible sexual penetration under PC 289.

Can I go to prison for penetration with a foreign object?

Yes, a conviction under Penal Code 289 is a felony offense punishable by up to 8 years in California state prison. Increased penalties apply if the victim was a minor. Prison time is common for serious sex offense convictions.

Contact a Defense Lawyer

Penal Code 289 PC covers the serious felony crime of forcible sexual penetration with a foreign object in California. The consequences of a conviction are severe. If you are facing charges, it is critical to involve an experienced sex crimes defense lawyer right away to protect your rights. A knowledgeable attorney can evaluate the details of your case and develop an effective legal defense.