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2004 SESSION
040962828Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-361 and 18.2-371 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-361. Crimes against nature.
A. If any Any person who (i) carnally knows in any manner any brute animal is
guilty of a Class 6 felony, or (ii) carnally knows any male or female person by
the anus or by or with the mouth, or voluntarily submits to such carnal
knowledge, he or she shall be is guilty of a Class 6 felony 3
misdemeanor, except as provided in subsection B. The provisions of clause
(ii) of this subsection shall not apply where all persons are consenting adults who
are not in a public place and who are not aiding, abetting, procuring, engaging in
or performing any act in furtherance of prostitution.
B. Any person who carnally knows by the anus or by or with the mouth his
daughter or granddaughter, son or grandson, brother or sister, or father or
mother shall be is guilty of a Class 5 felony. However, if a parent or
grandparent who commits any such act with his child or grandchild and such
child or grandchild is at least thirteen 13 but less than eighteen 18 years of
age at the time of the offense, such parent or grandparent shall be is guilty
of a Class 3 felony.
§ 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant.
Any person 18 years of age or older, including the parent of any child, who (i)
willfully contributes to, encourages, or causes any act, omission, or condition
which renders a child delinquent, in need of services, in need of supervision,
or abused or neglected as defined in § 16.1-228, or (ii) engages in consensual
sexual intercourse with a child 15 years of age or older not his spouse, child,
or grandchild, shall be or (iii) engages in consensual carnal knowledge by the
anus or by or with the mouth or the voluntary submission to such carnal knowledge with a child
15 years of age or older not his spouse, child, or grandchild, is guilty of a
Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or
in any way affecting §§ 18.2-18, 18.2-19, 18.2-61, 18.2-63, 18.2-66, and
18.2-347.
If the prosecution under this section is based solely on the accused parent having left the child at a hospital or rescue squad, it shall be an affirmative defense to prosecution of a parent under this section that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within the first 14 days of the child's life.