Bill Text: VA SB42 | 2020 | Regular Session | Prefiled
Bill Title: Aggravated sexual battery; penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2020-04-09 - Governor: Acts of Assembly Chapter text (CHAP1003) [SB42 Detail]
Download: Virginia-2020-SB42-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-67.3 and 18.2-67.4 of the Code of Virginia are amended and reenacted as follows:
§18.2-67.3. Aggravated sexual battery; penalty.
A. An accused shall be is 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 physical helplessness,; or
3. The offense is committed by a parent, step-parent,
grandparent, or step-grandparent and the complaining witness is at least 13 but
less than 18 years of age,; or
4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, 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; or
5. The act is (i) accomplished through false representation or subterfuge that is part of a massage by a massage therapist as defined in §54.1-3000, a medical procedure, or physical therapy and (ii) committed intentionally and without the consent of the complaining witness.
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.
§18.2-67.4. Sexual battery; penalty.
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, or
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) 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 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
