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2001 SESSION


CHAPTER 776
An Act to amend and reenact § 18.2-370 of the Code of Virginia and the third enactments of Chapter 946 and Chapter 985, as amended, of the Acts of Assembly of 1999, relating to taking indecent liberties with children; increased penalty.
[S 1259]
Approved March 26, 2001

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-370 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-370. Taking indecent liberties with children.

A. Any person eighteen years of age or over, who, with lascivious intent, shall knowingly and intentionally:

(1) Expose his or her sexual or genital parts to any child under the age of fourteen years to whom such person is not legally married or propose that any such child expose his or her sexual or genital parts to such person; or

(2) [Repealed.]

(3) Propose that any such child feel or fondle the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of any such child; or

(4) Propose to such child the performance of an act of sexual intercourse or any act constituting an offense under § 18.2-361; or

(5) Entice, allure, persuade, or invite any such child to enter any vehicle, room, house, or other place, for any of the purposes set forth in the preceding subdivisions of this section; or

(6) Receive money, property, or any other remuneration for allowing, encouraging, or enticing any person under the age of eighteen years to perform in or be a subject of sexually explicit visual material as defined in § 18.2-374.1 or who knowingly encourages such person to perform in or be a subject of sexually explicit material; shall be guilty of a Class 6 5 felony.

B. Any person who is convicted of a second or subsequent violation of this section shall be guilty of a Class 5 4 felony; provided, that (i) the offenses were not part of a common act, transaction or scheme, (ii) the accused was at liberty as defined in § 53.1-151 between each conviction, and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.

2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0.

3. That the third enactments of Chapter 946 and Chapter 985, as amended, of the Acts of Assembly of 1999 are amended and reenacted as follows:

3. That the effective date of this act is July 1, 2001 January 1, 2003.

3. That the effective date of this act is July 1, 2001 January 1, 2003.