Penal Code 289 – Forcible Sexual Penetration with a Foreign Object

Penal Code 289 (or PC 289) defines a felony offense in California that prohibits the penetration of another person’s genital or anal opening with any object other than a body part, when the act is committed by force, fear, or when the victim is unable to consent. The law establishes that even the slightest degree of penetration satisfies the legal requirement for this offense.

The statute reaches a wide range of objects: medical tools used without permission, everyday items, or anything wielded for sexual intent. The law applies regardless of gender, relationship, or setting. If the prosecution can prove penetration and lack of consent, the charge fits.

The prosecutor must show that a non-body item was used. DNA, medical records, or witness testimony usually supply this proof.

They must also prove the act happened without free consent. Force, threats, intoxication, sleep, or mental incapacity all satisfy this element.

Age, prior relationship, and alleged injuries affect how the court views the facts. A Los Angeles criminal defense lawyer will examine each detail to challenge the state’s story.

A conviction can mean as low as three years in state prison, and can quickly extend to 12 years or even life, depending on the age of the minor, the extent of the great bodily injury, and other factors. Oftentimes, if there is more than one alleged victim, the exposure can increase to life in state prison.

Anyone sentenced under Penal Code 289 must register on California’s public database. Registration limits, where you can live or work, often last a decade or for the rest of your lifetime.

Beyond prison and registration, the stigma damages careers, housing options, and family life. Immigration status and professional licenses can be lost; therefore, planning early with counsel is essential.

Object use must be proven, not assumed. If medical exams or forensic tests are inconclusive, the defense can raise reasonable doubt.

When adults engage in intimate acts, consent can be unclear. Messages, prior behavior, or witness accounts may support a consensual explanation that needs to be proved.

Illegal searches, flawed line-ups, or coerced statements can sink the prosecution’s case. A skilled Los Angeles criminal defense lawyer will push to exclude tainted evidence.

Dealing with PC 289 charges can be a very stressful experience. These are complicated cases that frequently depend on minor details that are simple to miss if one lacks the necessary legal knowledge. From pre-arrest inquiries to full jury trials, DCD LAW has represented clients in a variety of sexual offense cases.

No two PC 289 cases are the same. The facts, the people involved, and the way the case is charged all influence how it should be defended. At DCD LAW, we start with a full case review, looking at evidence collection, witness statements, forensic reports, and your own account of what happened. Then, we develop a strategy based on your goals: avoiding prison, negotiating lesser charges, or going to trial if needed.

Penal Code 289 allegations have a significant negative social and emotional impact. You may feel alone and overwhelmed due to the public nature of these accusations, the potential for jail time, and the requirement to register for life. At DCD LAW, we are committed to protecting your dignity and your legal rights. We pay close attention, clearly explain your options, and put forth endless effort to keep you updated and involved.