The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
Title 18.2 - CRIMES AND
OFFENSES GENERALLY.
Chapter 4 - Crimes Against
the Person
§ 18.2-61. Rape.
A. If any person has sexual intercourse with a complaining witness who is not his or her spouse or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished
(i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person, or
(ii) through the use of the complaining witness's mental incapacity or physical helplessness, or
(iii) with a child under age thirteen as the victim, he or she shall be guilty of rape.
B. If any person has sexual intercourse with his or
her spouse and such act is accomplished against the spouse's will by force,
threat or intimidation of or against the spouse or another, he or she shall be
guilty of rape.
C. A violation of this section shall be punishable, in
the discretion of the court or jury, by confinement in a state correctional
facility for life or for any term not less than five years. There shall be a
rebuttable presumption that a juvenile over the age of 10 but less than 12,
does not possess the physical capacity to commit a violation of this section.
In any case deemed appropriate by the court, all or part of any sentence
imposed for a violation of subsection B may be suspended upon the defendant's
completion of counseling or therapy, if not already provided, in the manner
prescribed under § 19.2-218.1 if, after consideration of the views of the
complaining witness and such other evidence as may be relevant, the court finds
such action will promote maintenance of the family unit and will be in the best
interest of the complaining witness.
D. Upon a finding of guilt under subsection B in any
case tried by the court without a jury, the court, without entering a judgment
of guilt, upon motion of the defendant and with the consent of the complaining
witness and the attorney for the Commonwealth, may defer further proceedings
and place the defendant on probation pending completion of counseling or
therapy, if not already provided, in the manner prescribed under § 19.2-218.1.
If the defendant fails to so complete such counseling or therapy, the court may
make final disposition of the case and proceed as otherwise provided. If such
counseling is completed as prescribed under § 19.2-218.1, the court may
discharge the defendant and dismiss the proceedings against him if, after
consideration of the views of the complaining witness and such other evidence
as may be relevant, the court finds such action will promote maintenance of the
family unit and be in the best interest of the complaining witness.
(Code 1950, § 18.1-44; 1960, c. 358; 1972, c. 394; 1975, cc. 14, 15, 606; 1981, c. 397; 1982, c. 506; 1986, c. 516; 1994, cc. 339, 772, 794; 1997, c. 330; 1999, c. 367; 2002, cc. 810, 818.)
§ 18.2-63. Carnal knowledge
of child between thirteen and fifteen years of age.
If any person carnally knows, without the use of force, a child
thirteen years of age or older but under fifteen years of age, such person
shall be guilty of a Class 4 felony.
However, if such child is thirteen years of age or older but under
fifteen years of age and consents to sexual intercourse and the accused is a
minor and such consenting child is three years or more the accused's junior,
the accused shall be guilty of a Class 6 felony. If such consenting child is
less than three years the accused's junior, the accused shall be guilty of a
Class 4 misdemeanor.
In calculating whether such child is three years or more a junior of
the accused minor, the actual dates of birth of the child and the accused,
respectively, shall be used.
For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse, and animate and inanimate object sexual penetration.
(Code 1950, § 18.1-44; 1960, c. 358; 1972, c. 394; 1975, cc. 14, 15, 606; 1981, c. 397; 1993, c. 852.)
§ 18.2-64.1. Carnal
knowledge of certain minors.
If any person providing services, paid or unpaid, to juveniles under the purview of the Juvenile and Domestic Relations District Court Law, or to juveniles who have been committed to the custody of the State Department of Juvenile Justice, carnally knows, without the use of force, any minor fifteen years of age or older, when such minor is confined or detained in jail, is detained in any facility mentioned in § 16.1-249, or has been committed to the custody of the Department of Juvenile Justice pursuant to § 16.1-278.8, knowing or having good reason to believe that
(i) such minor is in such confinement or detention
status,
(ii) such minor is a ward of the Department of Juvenile
Justice, or
(iii) such minor is on probation, furlough, or leave from
or has escaped or absconded from such confinement, detention, or custody, he
shall be guilty of a Class 6 felony.
For the purposes of this section, "carnal knowledge" includes
the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse,
and animate and inanimate object sexual penetration.
(1977, c. 304; 1981, c. 397; 1989, c. 733; 1991, c. 534; 1993, c. 852.)
§ 18.2-67.1. Forcible
sodomy.
A. An accused shall be guilty of forcible sodomy if he
or she engages in cunnilingus, fellatio, anallingus, or anal intercourse with a
complaining witness who is not his or her spouse, or causes a complaining
witness, whether or not his or her spouse, to engage in such acts with any
other person, and
1. The complaining witness is less than thirteen years
of age, or
2. The act is accomplished against the will of the
complaining witness, by force, threat or intimidation of or against the
complaining witness or another person, or through the use of the complaining
witness's mental incapacity or physical helplessness.
B. An accused shall be guilty of forcible sodomy if
(i) he or she engages in cunnilingus, fellatio, anallingus, or anal intercourse
with his or her spouse, and (ii) such act is accomplished against the will of
the spouse, by force, threat or intimidation of or against the spouse or
another person.
However, no person shall be found guilty under this subsection unless,
at the time of the alleged offense, (i) the spouses were living separate and
apart, or (ii) the defendant caused bodily injury to the spouse by the use of
force or violence.
C. Forcible sodomy is a felony punishable by
confinement in a state correctional facility for life or for any term not less
than five years. In any case deemed appropriate by the court, all or part of
any sentence imposed for a violation of subsection B may be suspended upon the
defendant's completion of counseling or therapy, if not already provided, in
the manner prescribed under § 19.2-218.1 if, after consideration of the views
of the complaining witness and such other evidence as may be relevant, the
court finds such action will promote maintenance of the family unit and will be
in the best interest of the complaining witness.
D. Upon a finding of guilt under subsection B in any
case tried by the court without a jury, the court, without entering a judgment
of guilt, upon motion of the defendant and with the consent of the complaining
witness and the attorney for the Commonwealth, may defer further proceedings
and place the defendant on probation pending completion of counseling or
therapy, if not already provided, in the manner prescribed under § 19.2-218.1.
If the defendant fails to so complete such counseling or therapy, the court may
make final disposition of the case and proceed as otherwise provided. If such
counseling is completed as prescribed under § 19.2-218.1, the court may
discharge the defendant and dismiss the proceedings against him if, after
consideration of the views of the complaining witness and such other evidence
as may be relevant, the court finds such action will promote maintenance of the
family unit and be in the best interest of the complaining witness.
(1981, c. 397; 1986, c. 516; 1994, cc. 772, 794; 1999, c. 367.)
§ 18.2-67.2. Object sexual
penetration; penalty.
A. An accused shall be guilty of inanimate or animate
object sexual penetration if he or she penetrates the labia majora or anus of a
complaining witness who is not his or her spouse with any object, other than
for a bona fide medical purpose, or causes such complaining witness to so
penetrate his or her own body with an object or causes a complaining witness,
whether or not his or her spouse, to engage in such acts with any other person
or to penetrate, or to be penetrated by, an animal, and
1. The complaining witness is less than thirteen years
of age, or
2. The act is accomplished against the will of the complaining
witness, by force, threat or intimidation of or against the complaining witness
or another person, or through the use of the complaining witness's mental
incapacity or physical helplessness.
B. An accused shall be guilty of inanimate or animate
object sexual penetration if
(i) he or she penetrates the labia majora or anus of
his or her spouse with any object other than for a bona fide medical purpose,
or causes such spouse to so penetrate his or her own body with an object and
(ii) such act is accomplished against the spouse's will
by force, threat or intimidation of or against the spouse or another person.
However, no person shall be found guilty under this subsection unless,
at the time of the alleged offense,
(i) the spouses were living separate and apart or
(ii) the defendant caused bodily injury to the spouse by
the use of force or violence.
C. Inanimate or animate object sexual penetration is a felony punishable by confinement in the state correctional facility for life or for any term not less than five years. In any case deemed appropriate by the court, all or part of any sentence imposed for a violation of subsection B may be suspended upon the defendant's completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.
D. Upon a finding of guilt under subsection B in any
case tried by the court without a jury, the court, without entering a judgment
of guilt, upon motion of the defendant and with the consent of the complaining
witness and the attorney for the Commonwealth, may defer further proceedings
and place the defendant on probation pending completion of counseling or
therapy, if not already provided, in the manner prescribed under § 19.2-218.1.
If the defendant fails to so complete such counseling or therapy, the court may
make final disposition of the case and proceed as otherwise provided. If such
counseling is completed as prescribed under § 19.2-218.1, the court may
discharge the defendant and dismiss the proceedings against him if, after
consideration of the views of the complaining witness and such other evidence
as may be relevant, the court finds such action will promote maintenance of the
family unit and be in the best interest of the complaining witness.
(1981, c. 397; 1982, c. 508; 1986, c. 516; 1988, c. 437; 1993, c. 549; 1994, cc. 772, 794; 1999, c. 367.)
§ 18.2-67.3. Aggravated
sexual battery.
A. An accused shall be guilty of aggravated sexual
battery if he or she sexually abuses the complaining witness, and
1. The complaining witness is less than 13 years of
age, or
2. The act is accomplished through the use of the
complaining witness's mental incapacity, or
3. The act is accomplished against the will of the
complaining witness by force, threat or intimidation or through the use of the
complaining witness's physical helplessness, and
a. The complaining witness is at least 13 but less
than 15 years of age, or
b. The accused causes serious bodily or mental injury
to the complaining witness, or
c. The accused uses or threatens to use a dangerous
weapon.
B. Aggravated sexual battery is a felony punishable by
confinement in a state correctional facility for a term of not less than one
nor more than 20 years and by a fine of not more than $100,000.
(1981, c. 397; 1993, c. 590; 2004, c. 843.)
§ 18.2-67.4. Sexual battery.
A. An accused shall be guilty of sexual battery if he or she sexually abuses, as defined in § 18.2-67.10,
(i) the complaining witness against the will of the
complaining witness, by force, threat, intimidation or ruse, or through the use
of the complaining witness's mental incapacity or physical helplessness, or
(ii) an inmate who has been committed to jail or
convicted and sentenced to confinement in a state or local correctional
facility or regional jail, and the accused is an employee or contractual
employee of, or a volunteer with, the state or local correctional facility or
regional jail; is in a position of authority over the inmate; and knows that
the inmate is under the jurisdiction of the state or local correctional
facility or regional jail, or
(iii) a probationer, parolee, or a pretrial or posttrial
offender under the jurisdiction of the Department of Corrections, a local community-based
probation program, a pretrial services program, a local or regional jail for
the purposes of imprisonment, a work program or any other parole/probationary
or pretrial services program and the accused is an employee or contractual
employee of, or a volunteer with, the Department of Corrections, a local
community-based probation program, a pretrial services program or a local or
regional jail; is in a position of authority over an offender; and knows that
the offender is under the jurisdiction of the Department of Corrections, a
local community-based probation program, a pretrial services program or a local
or regional jail.
B. Sexual battery is a Class 1 misdemeanor.
(1981, c. 397; 1997, c. 643; 1999, c. 294; 2000, cc. 832, 1040.)
Title 18.2 - CRIMES AND
OFFENSES GENERALLY.
Chapter 8 - Crimes Involving
Morals and Decency
§ 18.2-366. Adultery and
fornication by persons forbidden to marry; incest.
A. Any person who commits adultery or fornication with
any person whom he or she is forbidden by law to marry shall be guilty of a
Class 1 misdemeanor except as provided by subsection B.
B. Any person who commits adultery or fornication with
his daughter or granddaughter, or with her son or grandson, or her father or
his mother, shall be guilty of a Class 5 felony. However, if a parent or
grandparent commits adultery or fornication with his or her child or
grandchild, and such child or grandchild is at least thirteen years of age but
less than eighteen years of age at the time of the offense, such parent or
grandparent shall be guilty of a Class 3 felony.
(Code 1950, § 18.1-191; 1960, c. 358; 1975, cc. 14, 15; 1981, c. 397; 1993, c. 703.)
§ 18.2-370. Taking indecent
liberties with children; penalties.
A. Any person eighteen years of age or over, who, with
lascivious intent, shall knowingly and intentionally commit any of the
following acts with any child under the age of fourteen years shall be guilty
of a Class 5 felony:
(1) Expose his or her sexual or genital parts to any
child to whom such person is not legally married or propose that any such child
expose his or her sexual or genital parts to such person; or
(2) Repealed.
(3) Propose that any such child feel or fondle the
sexual or genital parts of such person or propose that such person feel or
fondle the sexual or genital parts of any such child; or
(4) Propose to such child the performance of an act of sexual intercourse or any act constituting an offense under § 18.2-361; or
(5) Entice, allure, persuade, or invite any such child
to enter any vehicle, room, house, or other place, for any of the purposes set
forth in the preceding subdivisions of this section.
B. Any person eighteen years of age or over who, with
lascivious intent, knowingly and intentionally receives money, property, or any
other remuneration for allowing, encouraging, or enticing any person under the
age of eighteen years to perform in or be a subject of sexually explicit visual
material as defined in § 18.2-374.1 or who knowingly encourages such person to
perform in or be a subject of sexually explicit material; shall be guilty of a
Class 5 felony.
C. Any person who is convicted of a second or
subsequent violation of this section shall be guilty of a Class 4 felony;
provided that
(i) the offenses were not part of a common act,
transaction or scheme,
(ii) the accused was at liberty as defined in § 53.1-151
between each conviction, and
(iii) it is admitted, or found by the jury or judge
before whom the person is tried, that the accused was previously convicted of a
violation of this section.
(Code 1950, §§ 18.1-213 through 18.1-215; 1960, c. 358; 1973, c. 131; 1975, cc. 14, 15; 1979, c. 348; 1981, c. 397; 1986, c. 503; 2000, c. 333; 2001, cc. 776, 840.)
§ 18.2-370.1. Taking indecent liberties with child by person in custodial or supervisory relationship; penalties.
A. Any person eighteen years of age or older who maintains
a custodial or supervisory relationship over a child under the age of eighteen,
including but not limited to the parent, step-parent, grandparent,
step-grandparent, or who stands in loco parentis with respect to such child and
is not legally married to such child, and who, with lascivious intent,
knowingly and intentionally
(i) proposes that any such child feel or fondle the
sexual or genital parts of such person or that such person feel or handle the
sexual or genital parts of the child, or
(ii) proposes to such child the performance of an act of
sexual intercourse or any act constituting an offense under § 18.2-361, or
(iii) exposes his or her sexual or genital parts to such
child, or
(iv) proposes that any such child expose his or her
sexual or genital parts to such person, or
(v) proposes to the child that the child engage in
sexual intercourse, sodomy or fondling of sexual or genital parts with another
person, or
(vi) sexually abuses the child as defined in §
18.2-67.10 (6), shall be guilty of a Class 6 felony.
B. Any person who is convicted of a second or
subsequent violation of this section shall be guilty of a Class 5 felony;
provided that
(i) the offenses were not part of a common act,
transaction or scheme,
(ii) the accused was at liberty as defined in § 53.1-151
between each conviction, and
(iii) it is admitted, or found by the jury or judge
before whom the person is tried, that the accused was previously convicted of a
violation of this section.
(1982, c. 521; 1986, c. 503; 1991, c. 517; 2001, c. 840.)
Code
of Virginia 1950
Volume
4A (pgs. 7,8 and 260, 261) (Matthew
Bender and Company © 2004)
§ 19.2-8. Limitation of prosecutions.
A
prosecution for a misdemeanor, or any pecuniary fine, forfeiture, penalty or
amercement, shall be commenced within one year next after there was cause
thereof, except that a prosecution for petit larceny may be commenced within
five years, and for an attempt to produce abortion, within two years after
commission of the offense.
A prosecution
for making a false statement or representation of a material fact knowing it to
be false or knowingly failing to disclose a material fact, to obtain or
increase any benefit or other payment under the Virginian Unemployment
Compensation Act (§ 60.2-100 et seq.) shall be commenced within three years
next after the commission of the offense.
A
prosecution for any violation of § § 10.1-1320, 62.1-44.32 (b), 62.1-194.1, or
Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of Title 62.1 which involves
the discharge, dumping or emission of any toxic substance as defined in §
32.1-239 shall be commenced within three years next after the commission of the
offense.
Prosecution
of Building Code violations under § 36-106 shall commence within one year of discovery
of the offense by the owner or by the building official; provided that such
discovery occurs within two years of the date of initial occupancy or use after
construction of the building or structure, or the issuance of a certificate of
use and occupancy for the building or structure, whichever is later. However,
prosecution under § 36-106 relating to the maintenance of existing buildings or
structures as contained in the Uniform Statewide Building Code shall commence
within one year of the discovery of the offense.
Prosecution
of nonfelonious offenses which constitute malfeasance in office shall commence
within two years next after the commission of the offense.
Prosecution
of any violation of § § 55-79-.87, 55-79.88, 55-79.89, 55-79.90, 55-79.93, 55-79.94,
55-79.95, 55-79.103, or any rule adopted under or order issued pursuant to §
55-79.98, shall commence within three years next after the commission of the
offense.
Prosecution
of illegal sales or purchases of wild birds, wild animals and freshwater fish
under § 29.1-553 shall commence within three years after commission of the
offense.
Prosecution
of violations under Title 58.1 for offense involving false or fraudulent
statements, documents or returns, or for the offense of willfully attempting in
any manner to evade or defeat any tax or the payment thereof, or for the
offense of willfully failing to pay any tax, or willfully failing to make any
return at the time or times required by law oar regulations shall commence
within three years next after the commission of the offense, unless a longer
period is otherwise prescribed.
Prosecution
of violations of subsection A pr B of § 3.1-796.122 shall commence within five
years of the commission of the offense, except violations regarding
agricultural animals shall commence within one year of the commission of the
offense.
A
prosecution for a violation of § 18.2-386 shall be commenced within five years
of the commission of the offense.
A prosecution
for any violation of the Campaign Finance Disclosure Act (§ 24.2-900 et seq.)
shall commence within one year of the discovery of the offense but in no case
more than three years after the date of the commission of the offense.
Nothing
in this section shall be construed to apply to any person fleeing from justice
or concealing himself within or without this Commonwealth to avoid arrest or be
construed to limit the time within which any prosecution may be commenced for
desertion of a spouse or child or for neglect or refusal or failure to provide
for the support and maintenance of a spouse or child.
Research in
progress for Limitation of prosecution for Felony offense.
On
going research for relevant statute.
Revised
10/04