Virginia Child Sexual Abuse Laws

In addition to the major sexual offenses like rape, forcible sodomy, object sexual penetration, and sexual battery, there are other sexual offenses involving children and crimes against nature. We also have pages explaining the laws concerning violent sexual offenses and sex crimes generally.

Carnal Knowledge of a Child between 13 and 15 Years of Age Section 18.2-63

Carnal knowledge covers the sexual acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate or inanimate object sexual penetration.

If an individual “carnally knows” a child between the ages of 13 and 15, without force, then the individual is guilty of a Class 4 felony. Section 18.2-63(A). Thus, an individual guilty of this crime faces two to 10 years in prison and a possible fine of up to $100,000. Section 18.2-10(d).

If an individual “carnally knows” a child between the ages of 13 and 15, who consents to the sexual acts and the individual is at least three years older than the child, then the individual is guilty of a Class 6 felony. Section 18.2-63(B). Thus, the individual would face a felony conviction, with one to five years in prison, or, at the discretion of the court or a jury trying the case, lesser penalties of up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-10(f).

If an individual “carnally knows” a child between the ages of 13 and 15 who consents to the sexual acts and the individual is less than three years older than the child, then the individual is guilty of a Class 1 misdemeanor. Section 18.2-63(B). Thus, the individual would face penalties of up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-11(a).

Two convictions of this crime will require the individual to enroll in the Sex Offender Registry, which is open to the public.

Carnal Knowledge of Certain Minors Section 18.2-64.1; Section 18.2-64.2

If an individual (1) who provides services to juveniles in the custody of the State Department of Juvenile Justice or who are under the purview of the Juvenile and Domestic Relations District Court Law, (2) carnally knows a minor at least 15 years old (3) without the use of force, (4) when the minor is in jail, a juvenile correctional facility, or in the custody of the Department of Juvenile Justice, and (5) the individual knows that the minor is confined, in custody, or on probation, then the individual is guilty of a Class 6 felony. Section 18.2-64.1.

Thus, the individual will face one to five years in prison, or, at the discretion of a jury or the court trying the case, lesser penalties of up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-10(f).

Similarly, if an individual who works for a correctional facility or related program that deals with inmates has sex with an inmate, then the individual is guilty of a Class 6 felony. Section 18.2-64.2. In such a case the individual would face one to five years in prison, or, at the discretion of a jury or the court trying the case, up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-10(f).

Sexual Abuse of a Child under 15 years old Section 18.2-67.4:2

If an individual, with an overt sexual intent, sexually abuses a child between the ages of 13 and 15 years old, then the individual is guilty of a Class 1 misdemeanor. Section 18.2-67.4:2. Thus, the individual would face up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-11(a).

Crimes Against Nature Section 18.2-361

An individual is guilty of a crime against nature if the individual performs any sexual act on, or carnally knows in any manner, an animal. Section 18.2-361(A). This violation is a Class 6 felony, so the individual would face one to five years in prison, or, at the discretion of a jury or the court trying the case, reduced penalties of up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-10(f).

An individual is also guilty of a crime against nature if the individual engages in anal intercourse, anilingus, cunnilingus, or fellatio with the individual’s daughter, step-daughter, granddaughter, step-granddaughter, son, step-son, grandson, step-grandson, brother, sister, father, or mother. Section 18.2-361(B). This violation is a Class 5 felony, so the individual would face a felony conviction with one to 10 years in prison, or, at the discretion of a jury or the court trying the case, up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-10(e).

An individual is guilty of the most serious version of a crime against nature if the individual engages in anal intercourse, anilingus, cunnilingus, or fellatio with the individual’s child, step-child, grandchild, or step-grandchild, and the child is between 13 and 18 years of age. Section 18.2-361(B). This violation is a Class 3 felony, so a guilty individual faces a felony conviction with five to 20 years in prison and a possible fine of up to $100,000. Section 18.2-10(c).

Adultery and Fornication by People Forbidden to Marry Section 18.2-366

If an individual has sexual intercourse with any person whom the individual would be prohibited from marrying, then the individual is guilty of a Class 1 misdemeanor. Section 18.2-366(A). The individual in such a case would face up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-11(a).

If an individual has sexual intercourse with the individual’s child or grandchild then the individual is guilty of a Class 5 felony. Section 18.2-366(B). In such a case, the individual would face a felony conviction with one to 10 years in prison, or, at the discretion of a jury or the court trying the case, up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-10(e).

The most serious violation occurs if the individual has sexual intercourse with the individual’s own child or grandchild and the child is between the ages of 13 and 18. Section 18.2-366(B). This is a Class 3 felony, and the individual would face a felony conviction and penalties of five to 20 years in prison and a possible fine of up to $100,000. Section 18.2-10(c).

Taking Indecent Liberties with a Child Sections 18.2-370; 18.2-370.1

There are several ways to violate these sections.

First, an individual is guilty of taking indecent liberties with a child if the individual, (1) with sexual intent (2) and being over 18 years old (3) intentionally (4) commits any of the listed acts with a child under 15 years old:

(a)   Exposing individual’s own sexual parts or genitals to a child or proposing that the child expose the child’s sexual parts or genitals to the individual,

(b)  Proposing the child feel or fondle the child’s own sexual or genital parts, or the sexual parts or genitals of the individual, OR that proposing the individual feel or fondle the sexual or genital parts of the child,

(c)   Proposing to the child sexual intercourse or another sexual act,

(d)  Enticing, persuading, or inviting the child to enter a room, building, vehicle, or any place for the purposes of committing any of the acts listed above.

If an individual is guilty of taking indecent liberties with a child as described above, it is a Class 5 felony and the individual faces a felony conviction with one to 10 years in prison, or, at the discretion of the court or a jury trying the case, up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-370(A); 18.2-10(e).

Second, an individual is guilty of taking indecent liberties with a child if the individual, (1) being over 18 years old, (2) with sexual intent (3) receives property, money, or any other compensation for (4) allowing, persuading, or encouraging a minor (5) to be perform in or be a subject of sexually explicit visual material, or who intentionally encourages a minor to perform in or be the subject of sexually explicit visual material. Section 18.2-370(B). This is a Class 5 felony, and a guilty individual will face a felony conviction with one to 10 years in prison, or, at the discretion of a jury or the court, up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-10(e).

If an individual is (1) convicted more than once for violating this section, or (2) is a parent, step-parent, grandparent, or step-grandparent to the minor, then the violation is considered a Class 4 felony. Section 18.2-370(C)-(D). If an individual meets any of the two requirements listed above, then the individual faces two to 10 years in prison and a possible fine of up to $100,000. Section 18.2-10(d).

Taking Indecent Liberties with Child by Person in Supervisory Position Section 18.2-370.1

It is a Class 6 felony for any individual (1) who is over 18 years old and (2) who has a custodial or supervisory relationship with the child to (3) intentionally:

• Propose that the individual feel or handle the sexual or genital parts of the child, or, propose that the child feel or handle the sexual or genital parts of the individual;
• Propose to the child sexual intercourse or any sexual act;
• Expose the individual’s own genitals or sexual parts to the child;
• Propose that the child expose the child’s sexual or genital parts to the individual;
• Propose that the child engage in sexual intercourse or sexual acts with another person, or;
• Sexually abuse the child.

An individual who violates this section is guilty of a Class 6 felony and faces a felony conviction with one to five years in prison, or, at the discretion of the court or a jury trying the case, up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-10(f).

If an individual is convicted of violating this section more than once, then the crime becomes a Class 5 felony and the individual faces a felony conviction with one to 10 years in prison, or, at the discretion of a jury or the court, up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-370.1(B); 18.2-10(e).