The Idaho Criminal Code Title 18, Chapter 66, Section 4 explains the actions that constitute the sex crime of Forcible Penetration by Use of Foreign Object. The statute explains that to be guilty of this crime, the perpetrator has willfully caused penetration. Below are descriptions of the specifics of the act that define this crime.
If you have been charged with a sex crime, call Sawtooth Defense Lawyers at 208-644-8893, or use our online contact form to schedule a free case evaluation to find out your legal options.
Criminal Charge: Forcible Penetration by Use of a Foreign Object
A person can be charged with forcible penetration of a foreign object if they use a device to pass through the vagina or anal opening of another individual in an attempt to cause their own sexual gratification under the following conditions:
- The penetration was against the victim’s will. It was achieved through violence, or use of force, or inflicting duress. Or, the crime was achieved by the perpetrator making threats of immediate great bodily harm to the victim, and the criminal had the apparent physical ability to follow through.
- The victim is incapable of giving legal consent to the penetration, whether the incapacity is due to permanent or temporary mental unsoundness. Or, the victim was prevented from resisting by intoxication or the incapacitating effects of an anesthetic or narcotic drug.
- The victim did not know about the activity taking place because they were asleep or unconscious, or unaware, or did not perceive or comprehend that the act happened.
This law does not apply to legitimate procedures for medical treatment, health care, or hygiene.
Penalties for Forcible Penetration with a Foreign Object in Idaho
A person who is convicted of the crime discussed above and described in Idaho Code 18-66-08 (effective through 2021) is guilty of a felony. The punishment for Forcible Penetration of a Foreign Object in Idaho includes being required to register for the Idaho Sex Offender Registry, and up to a life sentence in prison.
If you are facing charges for this crime or another sex offense, you will need the best criminal defense lawyer Idaho has to offer you. Your Boise sex crimes attorney will ensure that all your rights are fully protected throughout the Idaho criminal court process. Your lawyer will build the best possible case for your defense and will stand up and fight for you in court.
Call Now for a Free Case Review with our Idaho Sex Crime Defense Attorneys
We are criminal defense attorneys in Boise, Idaho. We have extensive experience in sex crimes defense. Our team has over 100 years of combined experience in helping people charged with criminal offenses get through their serious legal challenges and regain control over their lives. Our highly responsive legal team goes to work quickly to get your charges reduced or completely dropped, keep you from going to jail, and prevent your entry into the sex offender registry.
If you have been charged with a felony sex crime in Idaho such as Penetration by a Foreign Object, that puts your future and your freedom at risk. You need the very best defense available to you in Idaho. We’re here for you. You are innocent until proven guilty. We’re committed to fighting for you!