Bill Text: VA HB208 | 2018 | Regular Session | Prefiled
Bill Title: Sexual battery; penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-15 - Left in Courts of Justice [HB208 Detail]
Download: Virginia-2018-HB208-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-67.4 of the Code of Virginia is amended and reenacted as follows:
§18.2-67.4. Sexual battery.
A. An accused is guilty of sexual battery if he 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,;
(ii) within a two-year period, more than one
complaining witness or one complaining witness on more than one occasion
intentionally and without the consent of the complaining witness, (iii)
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
(iv) (iii)
a probationer, parolee, or a pretrial defendant or posttrial offender under the
jurisdiction of the Department of Corrections, a local community-based
probation services agency, a pretrial services agency, a local or regional jail
for the purposes of imprisonment, a work program or any other parole/probationary
or pretrial services or agency and the accused is an employee or contractual
employee of, or a volunteer with, the Department of Corrections, a local
community-based probation services agency, a pretrial services agency, 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 services agency, a pretrial services agency, or a local or regional jail.
B. Sexual battery is a Class 1 misdemeanor.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 836 of the Acts of Assembly of 2017 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
