There are several distinct legal definitions of forcible penetration with a foreign object—depending on the subsection of PC 289 under which you are charged. The basic legal definition of sexual penetration by force or fear has the following “elements of the crime” (these are facts that the prosecutor must prove for you to be guilty of this offense): You committed an act of sexual penetration with another person; That penetration was accomplished using a foreign object, substance, instrument, or device, or an unknown object; The other person did not consent to the penetration; and You accomplished the penetration through force, violence, duress, menace, fear of immediate and unlawful bodily injury, or future threats of bodily harm