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2006 SESSION
061334232Patrons-- Bell, Albo, Athey, Callahan, Cosgrove, Iaquinto, Jones, S.C., Landes, Lingamfelter, Marshall, D.W., O'Bannon, Sherwood, Suit, Welch and Wright
Be 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 is guilty
of sexual battery if he or she sexually abuses, as defined in
§ 18.2-67.10, (i) the complaining witness against the will of the complaining
witness, by force, threat, intimidation, surprise,
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-based
probation program, a pretrial services program, a local or regional jail for
the purposes of imprisonment, a work program or any other parole/probationary
or pretrial services program and the accused is an employee or contractual
employee of, or a volunteer with, the Department of Corrections, a local
community-based probation program, a pretrial services 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-based probation program, a pretrial services program or a local
or regional jail.
B. Sexual battery is a Class 1 misdemeanor.
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 cannot be determined 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.