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2000 SESSION
002456884Be 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 shall be guilty of sexual battery if he or she sexually abuses [
or intentionally touches in a sexual manner , 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 corrections program, a pretrial program, a local
or regional jail for the purposes of imprisonment, a work program or any other
parole/probationary or pretrial program and the accused is an employee or
contractual employee of, or a volunteer with, the Department of Corrections, a
local community corrections program, a pretrial 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 corrections program, a pretrial program or a local or regional jail.
B. Sexual battery is a Class 1 misdemeanor.