18-6604 FORCIBLE PENETRATION BY USE OF FOREIGN OBJECT.

18-6604. Forcible penetration by use of foreign object. (1) A person violates this section when that person willfully causes the penetration, however slight, of the genital or anal opening of any person, by any object, instrument, or device:

(a) Against the victim's will by:

(i) Use of force or violence; or

(ii) Duress; or

(iii) Threats of immediate and great bodily harm, accompanied by apparent power of execution; or

(b) Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent; or

(c) Where the victim is prevented from resistance by any intoxicating, narcotic, or anesthetic substance; or

(d) Where the victim is at the time unconscious of the nature of the act because the victim:

(i) Was unconscious or asleep; or

(ii) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(2) A person who violates the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the state prison for not more than life.

(3) The provisions of this section shall not apply to bona fide medical, health care, or hygiene procedures.

History:

[(18-6604) 18-6608, added 1983, ch. 176, sec. 1, p. 484; am. 2002, ch. 360, sec. 1, p. 1018; am. 2014, ch. 165, sec. 1, p. 467; am. 2018, ch. 323, sec. 1, p. 753; am. and redesig. 2022, ch. 124, sec. 8, p. 438.]