Penal Code section 289 is a California state law that prohibits the act of surgically removing or altering the sexual organs of another person for non-medical purposes. This law was enacted to protect individuals from the harmful and unnecessary practice of female genital mutilation (FGM), which is a form of gender-based violence that is often motivated by cultural or religious beliefs.
Under Penal Code section 289, any person who knowingly performs, assists in, or transports another person to receive FGM can be charged with a felony punishable by imprisonment in the state prison for up to three years. In addition, anyone who allows FGM to be performed on their child can be charged with a felony punishable by up to eight years in prison.
FGM is a serious human rights violation that can have severe physical and psychological consequences for the victim. It is typically performed on young girls and is often done without the victim's consent. The procedure can cause significant pain and bleeding, and can lead to long-term health problems such as infections, infertility, and complications during childbirth.
Penal Code section 289 is an important law that helps to protect individuals from the harmful and unnecessary practice of FGM. It sends a strong message that this form of violence is not tolerated in California and helps to ensure that those who engage in this practice are held accountable for their actions.
However, the law alone is not enough to address the problem of FGM. It is important for community organizations, law enforcement agencies, and other stakeholders to work together to educate the public about the dangers of FGM and to provide support and resources to victims. By taking a comprehensive approach, we can help to protect individuals from this harmful and unnecessary practice and ensure that they are able to live healthy, dignified lives.
Penal Code 289 PC
Call the Simmrin Law Group today, and let us help you in and out of Let Us Help You Fight Penal Code 289. A person faces a longer prison sentence for forcible penetration with a foreign object of a minor. Any person who commits an act of sexual penetration, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act or causing the act to be committed and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. Forcible acts of sexual penetration with a foreign object are against the law in the state of 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. What are the penalties under 289 PC? Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act Part 1 commencing with Section 5000 of Division 5 of the Welfare and Institutions Code , the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent. As used in this subdivision,? The defendant knew or reasonably should have known that the effect of that substance prevented the other person from resisting the act. To prove that the defendant is guilty of this crime, the People must prove that: 1.
D This paragraph does not preclude prosecution under Section 269, Section 288. In many cases, this will not be possible. But the accuser may also be a parent, child, or friend of a former sexual partner, a business or romantic rival, or anyone else who may have a grudge against you. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act Part 1 commencing with Section 5000 of d Any person who commits an act of sexual penetration, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act or causing the act to be committed, shall be punished by imprisonment in the state prison for three, six, or eight years. . Legal consent is consent given freely and voluntarily by someone who knows the nature of the act involved.
See also CALCRIM 1046 — Sexual Penetration by Force, Fear, or Threats. He watches and masturbates as she does so. Find out more with a free consultation. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act Part 1 commencing with Section 5000 of Division 5 of the Welfare and Institutions Code , the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent. Certain other California sex crimes are frequently charged along with or instead of Penal Code 289 forcible penetration with a foreign object.
Individuals may become intoxicated from alcohol, drugs, or other substances. Complete a 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? See also Penal Code 672 PC. The perpetrator does not actually have to be a public official. D This paragraph does not preclude prosecution under Section 269, Section 288. What is the definition of forcible sexual penetration with a foreign object? He and Maria used to date and engage in consensual sexual activity of this sort—but that is not enough to trump the strong evidence that she did not consent to the penetration at this time.
Individuals can penetrate someone else by inserting an object into their anus or vagina. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act Part 1 commencing with Section 5000 of Division 5 of the Welfare and Institutions Code , the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent. As a result, people are frequently charged with both Penal Code 287 PC and Penal Code 289 PC. SB 59 Effective September 9, 2013. Bob is sexually aroused by this. The perpetrator does not actually have to be a public official.
For example, you may be able to avoid a conviction if you had sex during a conjugal visit with an inmate. You could be accused of performing a criminal act. They beat him, and then Scott holds him down while Warren inserts a broom handle into his anus. Penalties PC 289 forcible acts of sexual penetration is a felony in most cases in California law. A lawyer can help you hold up your side of the story, which could help you avoid a conviction. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act Part 1 commencing with Section 5000 of c Any person who commits an act of sexual penetration, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act or causing the act to be committed and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year.
Scott and Warren do not get any sexual pleasure out of that act. Forcible sexual penetration of a minor If the alleged victim of forcible sexual penetration with a foreign object is a minor that is, under 18 when the offense occurs , the potential prison sentence increases. This act could lead to criminal charges under PC 289. As used in this section,? One day Bob gets Rachel alone and persuades her to penetrate his anus with her finger. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act Part 1 commencing with Section 5000 of Division 5 of the Welfare and Institutions Code , the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.
One night Dave comes over to get some of his belongings. He and Maria have a beer together and start talking and laughing, then kissing. For questions about the crime of forcible penetration with a foreign object, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group. Intoxicated individuals cannot give consent to perform a sexual act with them. One of his clients is Rachel, a 25-year-old woman with the mental age of a 4-year-old. The perpetrator does not actually have to be a public official. 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.
Typically, the accuser is a former or current sexual partner—and acting out of jealousy, revenge, anger, etc. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act Part 1 commencing with Section 5000 of Division 5 of the Welfare and Institutions Code , the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent. To prove that the defendant is guilty of this crime, the People must prove that: 1. Individuals who cannot give consent due to a mental disorder or disability are protected under the law. See also Penal Code 1203.
