Is the crime of sexual penetration by a foreign object a specific intent crime?

California, United States of America


The following excerpt is from People v. Grazioli, C073807 (Cal. App. 2017):

The crime of sexual penetration by a foreign object is a specific intent crime. (People v. McCoy (2013) 215 Cal.App.4th 1510, 1538.) In particular, it requires specific intent to gain sexual arousal or gratification or to inflict abuse on the victim. (Ibid.) "A trial court has a sua sponte duty to instruct a jury on specific intent when the offense requires it." (People v. Ngo (2014) 225 Cal.App.4th 126, 162 (Ngo).) The trial court here instructed the jury, pursuant to CALCRIM No. 252, that the crime of sexual penetration by a foreign object was a general intent crime. That instruction was erroneous, as the Attorney General concedes. (Ngo, supra, at pp. 161-162.) We conclude, however, that the error was harmless under any standard.

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