Idaho Code
Idaho Code

Idaho Code § 18-6604 (2026)

Forcible penetration by use of foreign object. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Forcible penetration by use of foreign object. 

(1) A person violates this section when that person willfully causes the penetration, however slight, of the genital or anal opening of any person, by any object, instrument, or device:

(a)  Against the victim’s will by:
(i)   Use of force or violence; or
(ii)  Duress; or
(iii) Threats of immediate and great bodily harm, accompanied by apparent power of execution; or
(b)  Where the victim is incapable, through any unsoundness of mind, whether temporary or permanent, of giving legal consent; or
(c)  Where the victim is prevented from resistance by any intoxicating, narcotic, or anesthetic substance; or
(d)  Where the victim is at the time unconscious of the nature of the act because the victim:
(i)   Was unconscious or asleep; or
(ii)  Was not aware, knowing, perceiving, or cognizant that the act occurred.
(2)  A person who violates the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the state prison for not more than life.
(3)  The provisions of this section shall not apply to bona fide medical, health care, or hygiene procedures.
Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2023–2026 · leading case: State v. Olsen, 550 P.3d 762 (Idaho Ct. App. 2024).
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State v. Olsen, 550 P.3d 762 (Idaho Ct. App. 2024). · cites it 4× “The statute was recodified in 2022 to I.C. § 18-6604. Idaho Code § 18-6608 used numbers to identify the subsections.”
State v. Guerrero, No. 49591 (Idaho Ct. App. June 28, 2023). · cites it 2× “1 The charges arose after Guerrero forcibly entered the home 1 According to the plea agreement, the State dismissed the repeat sex offender enhancement, Idaho Code § 19 -2520G; forcible penetration by use of foreign object, I.C. § 18-6604; kidnapping in the first degree, I.”
State v. Ericson, 566 P.3d 468 (Idaho Ct. App. 2025). · cites it 2× “§ 18-6608 (redesignated and amended effective July 1, 2022, as I.C. § 18-6604). Idaho Code § 18-6608 provided, in part: Every person who willfully causes the penetration, however slight, of the genital or anal opening of another person, by any object, instrument or device: .”
State v. Ericson, No. 50537 (Idaho Ct. App. Jan. 31, 2025). · cites it 2× “§ 18-6608 (redesignated and amended effective July 1, 2022, as I.C. § 18-6604). Idaho Code § 18-6608 provided, in part: Every person who willfully causes the penetration, however slight, of the genital or anal opening of another person, by any object, instrument or device: .”
State v. Schossberger, No. 52319 (Idaho Ct. App. Jan. 28, 2026). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND A grand jury indicted Schossberger for rape, Idaho Code § 18-6101 ; forcible sexual penetration by use of a foreign object, I.C. § 18-6604; and sexual battery, I.C. § 18-924.”
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