If you or someone you know faces charges under California Penal Code Section 289(j) in Temecula, Murrieta, Menifee, Winchester, Wildomar, or Lake Elsinore, understanding this serious offense is crucial. The Law Office of Nic Cocis has defended clients throughout Riverside County since 1999, and we’re here to explain what these charges mean and why immediate legal representation matters.
What is Penal Code Section 289(j)?
California Penal Code Section 289(j) addresses sexual penetration with a person under 14 years old. This is one of California’s most serious sexual offense charges, carrying severe consequences including lengthy prison sentences and lifetime sex offender registration.
Elements the Prosecution Must Prove
For a conviction under PC 289(j), the prosecution must prove beyond a reasonable doubt that:
- Sexual Penetration Occurred: The defendant participated in an act of sexual penetration with another person
- Method of Penetration: The penetration was accomplished using:
- A foreign object
- A substance
- An instrument
- A device
- An unknown object
- Age Requirements: At the time of the act:
- The other person was under 14 years old
- The other person was at least 10 years younger than the defendant
Key Legal Definitions
Understanding the specific legal definitions is essential:
- Sexual penetration means penetration, however slight, of the genital or anal openings for sexual abuse, arousal, or gratification
- Foreign object includes any part of the body except a sexual organ
- Sexual abuse means penetration for the purpose of causing pain, injury, or discomfort
Important Legal Considerations
Consent is Not a Defense
Under California law, consent is never a defense to charges involving minors under 14. The law recognizes that children this young cannot legally consent to sexual acts.
Age Calculation
The law calculates age precisely—a person becomes one year older as soon as the first minute of their birthday begins. This technical detail can sometimes be relevant in close-age cases.
Why You Need an Experienced Criminal Defense Attorney
Facing charges under PC 289(j) in Riverside County Superior Court—whether in Murrieta, Temecula, Menifee, or the Southwest Justice Center—requires immediate action. These cases involve:
- Complex forensic evidence
- Detailed investigation procedures
- Constitutional issues regarding statements and evidence collection
- Potential federal charges if interstate elements exist
Potential Consequences
A conviction under PC 289(j) typically results in:
- State prison sentence (often 3, 6, or 8 years)
- Lifetime sex offender registration
- Loss of professional licenses
- Immigration consequences for non-citizens
- Restrictions on where you can live and work
Building a Defense Strategy
While these charges are serious, an experienced defense attorney will examine:
- The reliability and admissibility of evidence
- Constitutional violations in the investigation
- Witness credibility issues
- Forensic evidence problems
- Alternative explanations for accusations
The Importance of Early Intervention
If you’re under investigation or have been arrested for PC 289(j) charges anywhere in Southwest Riverside County—from Lake Elsinore to Wildomar—don’t wait to seek legal help. Early intervention by an experienced attorney can:
- Protect your constitutional rights
- Prevent self-incriminating statements
- Challenge evidence collection
- Negotiate with prosecutors before charges are filed
Serving All of Riverside County
The Law Office of Nic Cocis represents clients throughout Riverside County, including:
- Murrieta
- Temecula
- Menifee
- Winchester
- Wildomar
- Lake Elsinore
We appear regularly in all Riverside County Superior Court locations and have extensive experience in both state and federal courts.
Contact Us for a Confidential Consultation
If you or a loved one faces charges under Penal Code Section 289(j), time is critical. With over 25 years of criminal defense experience in Riverside County, the Law Office of Nic Cocis understands the local court system and how to build the strongest possible defense.
Don’t face these serious charges alone. Contact our Murrieta office today for a confidential consultation. We’re here to protect your rights and fight for your future.
