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2004 SESSION

041151744
SENATE BILL NO. 423
Offered January 14, 2004
Prefiled January 14, 2004
A BILL to amend and reenact §§ 18.2-63, 18.2-64.1 and 18.2-370.1 of the Code of Virginia, relating to sex crimes against children.
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Patron-- Wagner
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That §§ 18.2-63, 18.2-64.1 and 18.2-370.1 of the Code of Virginia are amended and reenacted as follows:

§ 18.2-63. Carnal knowledge of child between 13 and 15 years of age.

If any A. Any person person who carnally knows, without the use of force, a child thirteen 13 years of age or older but under fifteen 15 years of age, such person shall be is guilty of a Class 4 felony.

However, if such child is thirteen 13 years of age or older but under fifteen 15 years of age and consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be is guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be is guilty of a Class 4 misdemeanor.

In calculating whether such child is three years or more a junior of the accused minor, the actual dates of birth of the child and the accused, respectively, shall be used.

B. Any person 18 years of age or older who maintains a custodial or supervisory relationship with a child, including but not limited to the parent, step-parent, grandparent, step-grandparent, or who stands in loco parentis with respect to such child and is not legally married to such child who carnally knows, without the use of force, a child 13 years of age or older but under the age of 18 years is guilty of a Class 3 felony.

C. For the purposes of this section, (i) a child under the age of thirteen 13 years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse, and animate and inanimate object sexual penetration.

§ 18.2-64.1. Carnal knowledge of certain minors.

If any Any person providing services, paid or unpaid, to juveniles under the purview of the Juvenile and Domestic Relations District Court Law juvenile and domestic relations district court, or to juveniles who have been committed to the custody of the State Department of Juvenile Justice, who carnally knows, without the use of force, any minor fifteen 15 years of age or older, when such minor is confined or detained in jail, is detained in any facility mentioned in § 16.1-249, or has been committed to the custody of the Department of Juvenile Justice pursuant to § 16.1-278.8, knowing or having good reason to believe that (i) such minor is in such confinement or detention status, (ii) such minor is a ward of the Department of Juvenile Justice, or (iii) such minor is on probation, furlough, or leave from or has escaped or absconded from such confinement, detention, or custody, he shall be is guilty of a Class 6 4 felony.

For the purposes of this section, "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse, and animate and inanimate object sexual penetration.

§ 18.2-370.1. Taking indecent liberties with child by person in custodial or supervisory relationship; penalties.

A. Any person eighteen 18 years of age or older who maintains a custodial or supervisory relationship over a child under the age of eighteen 18, including but not limited to the parent, step-parent, grandparent, step-grandparent, or who stands in loco parentis with respect to such child and is not legally married to such child, and who, with lascivious intent, knowingly and intentionally (i) proposes that any such child feel or fondle the sexual or genital parts of such person or that such person feel or handle the sexual or genital parts of the child, or (ii) proposes to such child the performance of an act of sexual intercourse or any act constituting an offense under § 18.2-361, or (iii) exposes his or her sexual or genital parts to such child, or (iv) proposes that any such child expose his or her sexual or genital parts to such person, or (v) proposes to the child that the child engage in sexual intercourse, sodomy or fondling of sexual or genital parts with another person, or (vi) sexually abuses the child as defined in § 18.2-67.10 (6), shall be is guilty of a Class 64 felony.

B. Any person who is convicted of a second or subsequent violation of this section shall be guilty of a Class 5 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 or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is at least $32,614 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.