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

Description

A person who commits an act of sexual penetration* when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear may be charged with Forcible Acts of Sexual Penetration with a Foreign Object, a felony offense. *Sexual penetration is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital for the purpose of sexual arousal, gratification or abuse by any foreign object, substance, instrument, or devise or by any unknown object.

What does the prosecutor have to prove?

1. Defendant committed an act of sexual penetration.
2. The defendant’s act was accomplished 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.
3. The offense involved separate victims or involved the same victim on separate occasions.

Punishment

Felony: 3years/6years/8years

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	Yes
Do I have to register as a sex offender if convicted?	Yes
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No