Unlawful Penetration
The act of unlawful, or forcible, penetration is governed by California Penal Code section 289. It is also often referred to unlawful penetration with a foreign object. According to the code, unlawful penetration is defined as the penetration of either the genital or anal opening of another person accomplished via the use of something other than the penis.
Furthermore, the statute requires that the unlawful penetration occur via such acts as:
- Force, fear or duress
- By threat of immediate or future retaliation to the victim (or another person)
- While the victim was unaware or unable to give legal consent
- A minor (even when they voluntarily participated in the act)
Unlawful Penetration Penalties
An unlawful penetration conviction, when the alleged victim is an adult, will typically be prosecuted as a felony. Thus, if convicted of an unlawful penetration, you could face up to eight years in a state penetration. When the alleged victim was a minor (or you forced a minor to sexually penetrate you, him/herself, another person or your face), then the penalty increases. When the minor was between the ages of 14 and 17, the maximum prison sentence will go up to ten years. When the minor was under the age of 14, this maximum sentence will increase to 12 years.
It should be noted that if the minor willingly participated in the act, the charge could be reduced to a misdemeanor with one year in jail. However, as the age difference between you and the minor increases the more likely you will be charged with a felony.
Furthermore, you will also be given the designation of a registered sex offender. Placement on this public record will follow you for your entire lifetime and will have significant implications to where you can live and work.
LA Unlawful Penetration Defense Attorney
In order to properly defend against your California unlawful penetration charge and to protect your reputation, career and family, you need to seek the advice of an experienced California defense attorney.
The Law Offices of Jonathan I. Kelman specialize in defending California unlawful penetration charges. If you or a loved one is facing a California criminal charge, seek the support of an attorney practicing only in criminal defense.
Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.