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In California, it is a serious criminal offense to forcibly penetrate another person with a foreign object without consent—including with a finger. Under California Penal Code 289 (PC 289), nonconsensual digital penetration can be charged as a felony offense that carries a maximum penalty of up to eight years in state prison.

Digital Penetration

At the Law Office of David Lehr, our California sexual assault defense attorney is an aggressive, reliable advocate for defendants. If you or your loved one is facing sexual assault charges on the grounds of digital penetration, we are here to help. Call our Ventura law office today to arrange a free, fully confidential initial legal consultation.

Digital penetration charges generally fall under California Penal Code 289. Here is an overview of some of the most important things that you need to know about this section of our state’s criminal code:

  • Forcible penetration occurs when a person penetrates another person with a foreign object without consent, including but not limited to a finger.
  • Under PC 289, a defendant can be charged if they use force, violence, threats, fear or if they take advantage of an unconscious person.
  • Forcible digital penetration is a serious felony offense. It carries a maximum penalty of up to eight years in state prison.
  • If convicted of digital penetration under PC 289, a defendant will be required to register as a sex offender—potentially for life. 
  • Digital penetration of a minor could result in a statutory sexual assault charge. A defendant may face heightened criminal penalties if the victim is under age.

A digital penetration charge is a serious sexual assault offense. In California, a conviction for unlawful penetration could result in a lengthy prison sentence and lifelong registration as a sex offender. If you are facing allegations of unlawful penetration, you need to take immediate action to protect your rights and your future. Call Ventura County sexual assault defense lawyer David Lehr for immediate assistance with your case.

The reality is that not all sexual assault charges are legitimate. If you are facing false charges of digital penetration, you have every right to raise a strong legal defense to clear your name. Some defense against digital penetration sexual assault charges include:

  • Consent: Unless the alleged victim is a minor (statutory rape), you can defend a digital penetration charge on the grounds that consent was given.
  • No Penetration: If no penetration occurred, you cannot be convicted of a crime under PC 289. Penetration is a required element of the statute.
  • False Allegations: In California, every person is presumed innocent until proven guilty. If you are facing outright false allegations, you can defend yourself on those grounds.

If you or a loved one is facing a sex crimes charge due to digital penetration, we are here to help protect your rights. Give us a call now or reach out to our Ventura law office directly online for a confidential consultation.

If you have been charged with

sexual assault due to digital penetration, call 805-477-0070 now.

Our sex crimes defense lawyer provides a free case review.

At the Law Offices of David Lehr, we provide strong legal representation to individuals facing felony sex crimes charges, including digital penetration charges under PC 289. We serve clients through Ventura County, including in Ventura, Simi Valley, Oxnard, Camarillo, and Thousand Oaks. Give us a call now for a free, no commitment initial consultation. Please know that no attorney can guarantee a specific outcome in your criminal. Visiting this website does not establish an attorney/client relationship.

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