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2008 SESSION
080519592Be 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 is guilty of sexual battery if he sexually
abuses, as defined in § 18.2-67.10, (i) the complaining witness against the
will of the complaining witness, by force, threat,
intimidation, or ruse, (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
defendant or posttrial offender under the jurisdiction of the Department of
Corrections, a local community-based probation services agency, a pretrial
services agency, a local or regional jail for the purposes of imprisonment, a
work program or any other parole/probationary or pretrial services or agency
and the accused is an employee or contractual employee of, or a volunteer with,
the Department of Corrections, a local community-based probation services
agency, a pretrial services agency 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 services agency, a pretrial services agency 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.