The definition of sexual intercourse in s 5 CLCA encompasses four distinct categories of conduct referable to penetration: an activity consisting of penetration, continuation of such activity, an activity involving penetration, and continuation of an activity involving penetration. For the third and fourth categories, it is not necessary to prove the accused performed the act of penetration — it suffices that penetration occurred as a necessary circumstance or condition of the activity in which the accused engaged. However, merely holding an object protruding from a person's vagina does not necessarily constitute sexual intercourse; the process of penetration must not have concluded. A finding that an offender knew the victim's age is an aggravating factor that must be proved beyond reasonable doubt, and a sentencing judge's assessment based solely on viewing images without relevant expertise may be insufficient.
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