California Penal Code §289 — Forcible Sexual Penetration
PC §289 makes it a felony to commit an act of sexual penetration by a foreign object, substance, instrument, or device — or unknown object — accomplished against the victim's will by force, violence, duress, menace, or fear. Base penalty is 3, 6, or 8 years state prison, escalating to 8/10/12 years for victims under 14 and lifetime PC §290 registration.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Forcible Sexual Penetration Cases in All LA County Courts
01 — Quick Facts
PC §289 — Forcible Sexual Penetration at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §289 — Forcible Sexual Penetration |
| Code Type | Penal Code (PC) |
| Classification | Felony (multiple subdivisions) |
| §289(a)(1)(A) — Force/Fear | 3, 6, or 8 years state prison |
| §289(a)(1)(B) — Victim under 14 | 8, 10, or 12 years state prison |
| §289(a)(1)(C) — Victim under 18 | 6, 8, or 10 years state prison |
| §289(d) — Unconscious/Incapable | 3, 6, or 8 years state prison |
| §289(i) — Minor 14–17 (no force) | 16m/2/3 yrs or up to 1 yr jail (wobbler) |
| One Strike (§667.61) | 15/25-to-life or LWOP triggers under §667.61 |
| PC §290 | Tier 3 lifetime registration on most subdivisions |
| Strike / Violent Felony | Yes — §667.5(c)(11) and §1192.7(c) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §289?
What Is California Penal Code §289?
PC §289 Reads:
"Any person who commits an act of sexual penetration when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years."
— California Penal Code §289(a)(1)(A)
§289 sits alongside §261 (rape) and §288a/§287 (oral copulation) as one of California's core forcible-sex statutes. The distinguishing feature is the mechanism of penetration — a foreign object, substance, instrument, or device rather than a sexual organ. Genital and anal penetration both qualify.
§289 vs §261 / §288a
§261 covers penis-to-vagina rape. §287 (formerly §288a) covers oral copulation. §289 covers penetration by any other means — finger, object, or device. Force, fear, duress, or incapacity are the shared aggravating pathways across all three.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §289
Under CALCRIM 1045–1049, the prosecution must prove each element beyond a reasonable doubt.
Act of Sexual Penetration
Defendant caused penetration, however slight, of the victim's genital or anal opening by a foreign object, substance, instrument, or device for the purpose of sexual arousal, gratification, or abuse.
Against the Victim's Will
The act was accomplished against the victim's will.
Force, Violence, Duress, Menace, or Fear
By force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
Sexual Purpose or Abuse
The penetration was for sexual arousal, gratification, or abuse.
04 — Penalties
Penalties for PC §289 Forcible Sexual Penetration in California
§289 exposure varies dramatically by subdivision and victim age.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §289(a)(1)(A) — Force/Fear | PC §289 | 3, 6, or 8 years state prison | Not available under §1203.065 | Yes |
| §289(a)(1)(B) — Victim <14 | PC §289 | 8, 10, or 12 years state prison | Not available | Yes |
| §289(a)(1)(C) — Victim <18 | PC §289 | 6, 8, or 10 years state prison | Not available | Yes |
| §289(d) — Unconscious | PC §289 | 3, 6, or 8 years state prison | Not available | Yes |
| §289(i) — Minor 14–17 (no force) | PC §289 | 16m/2/3 yrs or up to 1 yr jail (wobbler) | Available | No (misdo) |
Sentencing Enhancements
One Strike Law
PC §667.61
Kidnap, tie/bind, home invasion, multiple victims → 15-to-life, 25-to-life, or LWOP.
Great Bodily Injury
PC §12022.8
+5 years for GBI during commission of §289.
Weapon Use
PC §12022.3
+3, 4, or 10 years for personal use of a firearm; +1 to +5 for deadly weapon.
Multiple Victims
PC §667.61(e)(4)
Automatic 25-to-life if convicted of §289 against multiple victims.
Additional Consequences Beyond Prison
- Lifetime PC §290 Tier 3 sex-offender registration on most subdivisions
- Automatic strike and violent-felony designation
- Immigration: aggravated felony — automatic removal and permanent inadmissibility
- Firearm bar — lifetime under §29800 and 18 U.S.C. §922(g)
- Lifetime residence and internet-use restrictions
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §289 Forcible Sexual Penetration Charges
§289 defenses attack identity, consent, sexual purpose, and forensic reliability.
Consent Defense
Where consent is genuinely disputed, digital-communication history and circumstantial evidence become dispositive.
Consent
Identity / DNA
SART kit chain-of-custody, DNA-transfer defenses, and false-ID lineups attack the identification element.
Forensic
No Sexual Purpose
Medical exam, hygiene, or caregiver context negates the required sexual intent.
Intent
Delayed Report / Motive to Fabricate
Custody disputes, financial motives, and immigration-status leverage frequently underlie fabricated §289 allegations.
Credibility
Reduce to §289(h)/(i) or §243.4
Where force is absent, reduction to non-forcible minor or sexual battery (§243.4) avoids Tier 3 lifetime registration.
Plea
Constitutional Sources
07 — Court Process
How PC §289 Forcible Sexual Penetration Cases Move Through Los Angeles Courts
§289 cases involve intensive SART-based forensic development.
- 1
Step 1 — Report & SART Exam
Sexual assault response team evidence collection at hospital.
- 2
Step 2 — Detective Interview
Never speak to detectives without counsel — Miranda invocation is mandatory.
- 3
Step 3 — Filing & Preliminary Hearing
DA files felony complaint; PX must show all elements including force/fear.
- 4
Step 4 — Motion Practice
SART chain-of-custody, prior-sexual-conduct (§1103/§782), and expert-motion litigation.
- 5
Step 5 — Expert Battle
Forensic DNA, false-memory, and delayed-disclosure experts drive resolution.
- 6
Step 6 — Trial or Negotiated Plea
Plea negotiations target reductions to §243.4 or §289(h)/(i) to avoid Tier 3 registration and strikes.
Los Angeles Courts That Handle PC §289 Forcible Sexual Penetration Cases
§289 cases are handled at DA sex-crimes vertical calendars.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Forcible Sexual Penetration Defense Attorney
Daniel S. Rubin has defended clients charged with forcible sexual penetration and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §289 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Forcible Sexual Penetration Cases Throughout LA County
09 — FAQs
PC §289 Forcible Sexual Penetration Questions — Los Angeles
Is §289 a strike?
Yes. All forcible §289 subdivisions are strikes and violent felonies under §667.5(c)(11) and §1192.7(c).
Does §289 require registration?
Yes. Most subdivisions require Tier 3 lifetime PC §290 registration. §289(h)/(i) misdemeanor subdivisions may support Tier 1 or discretionary treatment.
Can §289 be reduced?
Yes — negotiation targets include §243.4 sexual battery (Tier 1) or §289(h)/(i) non-forcible minor. These reductions avoid Tier 3 lifetime registration.
How does One Strike Law affect §289?
PC §667.61 elevates §289 to 15-to-life, 25-to-life, or LWOP where kidnap, home invasion, weapon use, or multiple victims are found true.
Available 24/7 — Free Consultation
Charged With PC §289 in Los Angeles?
Forcible-sex defense demands SART-forensic, One-Strike, and registration strategy from day one. Rubin Law, P.C. — (213) 723-2337.