Virginia Sexual Offenses

In the Commonwealth of Virginia, the specific offense with which one may be charged depends upon the alleged sexual conduct as well as the complainant’s age. Although a sexual offense under Virginia law may prohibit more than one scenario, some of the common scenarios for each of the offenses are listed below.

The acts of cunnilingus (oral sex – male on female), fellatio (oral sex – female on male) and anilingus (oral sex – mouth to anus) are simply referred to below as “oral intercourse.” Under Virginia law, “sexual intercourse” refers to the penetration of the male sexual organ (penis) into the female sexual organ (vagina) – it does not include oral and anal intercourse, which are prohibited under certain scenarios by distinct offenses.

For acts of sexual intercourse:

1) the crime of Rape (§ 18.2-61) is completed if the act is committed against the will of a person; through the use of a person’s mental incapacity or physical helplessness; or, against a person less than 13 years of age.

2) the crime of Carnal knowledge of child between thirteen and fifteen years of age (§ 18.2-63) is completed if the act does not involve force and is committed against a person 13 or 14 years of age.

3) the crime of Causing or encouraging acts rendering children delinquent, abused, etc (§ 18.2-371(ii)) is completed if the accused is 18 years of age or older and the act is committed consensually and against a person 15-17 years of age.

4) the crime of Adultery and fornication by persons forbidden to marry; incest (§ 18.2-366) is completed if the act is incestuous and is committed against a person 13-17 years of age.

5) the crime of Taking indecent liberties with children (§ 18.2-370(4)) is completed if the accused is 18 years of age, and with lascivious intent, knowingly and intentionally proposes to a person less than 15 years of age the performance of the act.

For acts of oral and anal intercourse:

1) the crime of Forcible sodomy (§ 18.2-67.1) is completed if the act is committed against the will of a person; through the use of a person’s mental incapacity or physical helplessness; or, against a person less than 13 years of age.

2) the crime of Carnal knowledge of child between thirteen and fifteen years of age (§ 18.2-63) is completed if the act does not involve force and is committed against a person 13 or 14 years of age.

3) the crime of Causing or encouraging acts rendering children delinquent, abused, etc (§ 18.2-371(ii)) is completed if the accused is 18 years of age or older and the act is committed consensually and against a person 15-17 years of age.

4) the crime of Crimes against nature (§ 18.2-361(B)) is committed if the act is incestuous.

5) the crime of Taking indecent liberties with children (§ 18.2-370(4)) is completed if the accused is 18 years of age, and with lascivious intent, knowingly and intentionally proposes to a person less than 15 years of age the performance of the act.

For acts of object penetration

1) the crime of Object sexual penetration (§ 18.2-67.2) is completed if the accused penetrates the labia majora or anus of a person with an inanimate or animate object, causes a person to so penetrate his or her own body, or causes a person to engage in such acts with any other person if the act is committed a) against the will of a person; b) through the use of a person’s mental incapacity or physical helplessness; or, c) against a person less than 13 years of age.

For acts of sexual touching

Under Virginia law, the term “sexual abuse” refers to acts of touching intimate parts with the intent to sexually molest, arouse, or gratify any person (see § 18.2-67.10(6)). In the below narrative, “the act” shall refer to sexual abuse. Note that acts of touching intimate parts can include the accused’s touching the complainant, vice versa, and the accused’s causing one person to touch another person.

1) the crime of Sexual battery (§ 18.2-67.4) is completed if the act is committed against the will of a person, by force, threat, intimidation, or ruse.

2) the crime of Aggravated Sexual Battery (§ 18.2-67.3) is completed if the act is committed through the use of a person’s mental incapacity or physical helplessness; against a person less than 13 years of age; by a parent, step-parent, grandparent, or step-grandparent against a person 13-17 years of age; against the will of a person by force, threat or intimidation AND a) that person is 13-14 years of age, or b) the accused causes serious bodily or mental injury, or c) the accused uses or threatens to use a dangerous weapon.

3) the crime of Sexual abuse of a child under 15 years of age (§ 18.2-67.4:2) is completed if the act is committed, with lascivious intent, against a person 13-14 years of age.

4) the crime of Taking indecent liberties with children (§ 18.2-370(3)) is completed if the accused is 18 years of age, and with lascivious intent, knowingly and intentionally proposes to a person less than 15 years of age the performance of the act.

For acts of kissing children

1) the crime of Penetration of mouth of child with lascivious intent (§ 18.2-370.6) is completed if the accused is 18 years of age or older, and with lascivious intent, kisses a child under the age of 13 on the mouth while knowingly and intentionally penetrating the mouth of such child with his tongue.

For acts of indecent exposure

1) the crime of Taking indecent liberties with children (§ 18.2-370(1)) is completed if the accused is 18 years of age, and with lascivious intent, knowingly and intentionally exposes his or her sexual or genital parts to a child less than 15 years of age to whom the accused is not legally married, or proposes that any such child expose his or her sexual or genital parts to the accused.

2) the crime of Indecent exposure (§ 18.2-387) is completed if the accused intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself.

 

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