18-6608. FORCIBLE PENETRATION BY USE OF FOREIGN OBJECT. Every person who willfully causes the penetration, however slight, of the genital or anal opening of another person, by any object, instrument or device:
(1) Against the victim’s will by:
(a) Use of force or violence; or
(b) Duress; or
(c) Threats of immediate and great bodily harm, accompanied by apparent power of execution; or
(2) Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent; or
(3) Where the victim is prevented from resistance by any intoxicating, narcotic or anesthetic substance; or
(4) Where the victim is at the time unconscious of the nature of the act because the victim:
(a) Was unconscious or asleep; or
(b) Was not aware, knowing, perceiving or cognizant that the act occurred;
shall be guilty of a felony and shall be punished by imprisonment in the state prison for not more than life.
The provisions of this section shall not apply to bona fide medical, health care or hygiene procedures.
History:
[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.]