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Name: People v. Ribera
Case #: F045300
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/04/2005

Anal penetration through clothing constitutes sodomy under Penal Code section 286. The defendant argued on appeal that the alleged conduct was not sodomy but instead was a violation of Penal Code section 289, penetration with a foreign object, an offense not alleged at trial. The Court of Appeal agreed with the prosecution that section 286 does not require skin-to-skin contact.