Forcible acts of sexual penetration with a foreign object are against the law in the state of California. Penal Code 289 states that individuals accused of a violation of this law could face felony charges. A conviction under PC 289 could result in fines and prison time.
Charges Concerning Forcible Acts of Sexual Penetration with a Foreign Object
It is against the law to penetrate someone with a foreign object without their consent. This act could lead to criminal charges under PC 289. Individuals can penetrate someone else by inserting an object into their anus or vagina.
Individuals may use force or violence to insert a foreign object into another person. A foreign object can even refer to another body part under the law. For example, inserting a finger into another person against their will could constitute a PC 289 violation. They may also use fear or threats to carry out this action, leading to criminal charges.
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Subsections of PC 289 Charges in California
Individuals may face a PC 289 charge if they use force or fear. However, individuals may also face this charge if they are accused of forcible sexual penetration with a foreign object involving:
A Disabled Individual
Individuals may face criminal charges if they use a foreign object to sexually penetrate an individual with a disability. Individuals who cannot give consent due to a mental disorder or disability are protected under the law. An individual may face this charge even if he or she doesn’t use force or fear.
An Unconscious Individual
It is against the law to penetrate an unconscious person with a foreign object. Individuals may face this charge if the alleged victim was:
- Asleep or unconscious
- Unaware of the penetration
- Tricked as to the nature of the penetration
An Intoxicated Individual
PC 289 charges may apply if someone penetrates an intoxicated person with a foreign object. Individuals may become intoxicated from alcohol, drugs, or other substances.
Intoxicated individuals cannot give consent to perform a sexual act with them. This includes sexual penetration with the use of foreign objects. You may learn more about different aspects of a PC 289 charge by calling a criminal defense lawyer in Los Angeles at (310) 896-2723.
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Penalties for Forcible Acts of Sexual Penetration with a Foreign Object
A conviction for forcible acts of sexual penetration with a foreign object under PC 289 may result in prison time of up to eight years or fines of up to $10,000.
The court could hand down a harsher sentence if the alleged victim was a minor. In this case, the accused could face up to 12 years of prison time. Additionally, individuals convicted under PC 289 must register as sex offenders. Failure to complete this registration is a criminal act in California.
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Defenses for PC 289 Charges in California
You can still build a defense if you were charged under PC 289 in California. A criminal defense lawyer in Los Angeles can help you in this situation. Work with a legal team that understands how to handle sex crime charges. Your lawyer can help you show that:
You Had Consent
It is against the law to penetrate someone sexually with a foreign object without their consent. However, if you had their consent to engage in this kind of behavior, you may be able to avoid a PC 289 conviction.
You Were Mistakenly Accused
Sometimes individuals make false accusations in California. You could be accused of performing a criminal act. A lawyer can help you hold up your side of the story, which could help you avoid a conviction.
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Talk to a Lawyer Today about Your Forcible Acts of Sexual Penetration with a Foreign Object Charge
Want help handling Penal Code 289 charges in California? Reach out to a criminal defense lawyer in Los Angeles at the Simmrin Law Group. We can help you review your legal options and build a defense against these charges. Find out more with a free consultation.
Call (310) 896-2723 or fill out our online contact form.
Call or text (310) 896-2723 or complete a Free Case Evaluation form