Penetration With a Foreign or Unknown Object
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Sexual penetration with a foreign or unknown object, a sex
crime in California, occurs when there is any penetration, no
matter how slight, of the genital or anal opening of another, done
for the purpose of sexual arousal, gratification or abuse, by any
foreign object, substance, instrument, device or by any unknown
object. Causing another to penetrate his or her own genital or anal
opening for the same purpose will also constitute a sex crime offense,
as will an attempt to penetrate. A foreign object, substance, instrument,
or device includes any part of the body (other than a sexual organ)
and an unknown object can include anything (including a part of
the body) if the alleged victim does not know what is penetrating
him or her. If convicted, the defendant faces severe penalties,
which include up to nine years in prison for one offense (more if
convicted of multiple acts),
registration as a sex offender, pursuant to Penal Code 290, and
a social stigma that will affect every facet of the defendant’s
life. It is imperative that the accused hires a
skilled California sex crime criminal attorney who knows how
to successfully defend against this crime that will be viewed by
the judge and jury as deviant sexual behavior.
The penalties for this offense vary. The less serious charges include
situations where an individual penetrates a person under the age of 18 with
a foreign or unknown object, or where a person so penetrates another
who is incapable of giving consent due to a mental or physical disorder
(a fact that was known or reasonably should have been known by the
accused) and both the accused and the alleged victim are confined
in a state hospital or treatment facility. Under either of these
scenarios, the accused faces either a
misdemeanor or a felony, punishable by up to one year in jail
or prison and must register
as a sex offender.
An individual who is over 21years of age and penetrates an individual younger
than 16 years of age with a foreign or unknown object will automatically face
a felony. If the alleged victim is under the age of 14 and more than 10 years
younger than the accused, the accused faces three, six or eight
years in prison. When charged with a
crime against a child, it is even more critical that the accused
retains counsel that specializes
in this emotionally charged area of the law.
The more seriously punished cases involve force, threats or conspiracies.
The accused will face a three, six or eight year prison sentence
if he or she violated this law while using force, violence or threats
of any kind to accomplish the act, or if he or she violated this
law by penetrating an individual who wasn’t capable of consenting,
due to a mental or physical disability (a fact that was known or
reasonably should have been known by the accused), due to a state
of intoxication (a fact that was known or reasonably should have
been known by the accused), due to the fact that he or she was unconscious
(a fact that was known by the accused) or by penetrating an individual
who consented under the false belief that the accused was his or
her spouse (a belief that was intentionally induced by the accused).
The most serious charge results when the defendant is alleged to
have voluntarily acted with another (either personally or by aiding
and abetting the other) and penetrated the alleged victim with a
foreign or unknown object and used force or violence to accomplish
the act against that victim’s will. If proven, a five, seven
or nine year prison sentence will be imposed.
The exceptional criminal defense
lawyers at The Kavinoky Law Firm provide their clients with
the most aggressive, carefully crafted and passionate defense possible.
They have mastered this highly-charged area of the law and know
how to effectively communicate all applicable defenses to the judge
and jury. Contact them today for the most trusted legal advice and
for a free
consultation.
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