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2016 SESSION
16105717DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-67.3 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-67.3. Aggravated sexual battery; penalty.
A. An accused shall be is guilty of aggravated
sexual battery if he or she sexually abuses the complaining witness,;
and
1. The complaining witness is less than 13 years of age, or;
2. The act is accomplished through the use of the complaining
witness's mental incapacity or physical helplessness, or;
3. The offense is committed by a parent, step-parent,
grandparent, or step-grandparent and the complaining witness is at least 13 but
less than 18 years of age,; or
4. The act is accomplished against the will of the complaining
witness by force, threat or, intimidation, or ruse; and
a. The complaining witness is at least 13 but less than 15
years of age, or;
b. The accused causes serious bodily or mental injury to the
complaining witness,; or
c. The accused uses or threatens to use a dangerous weapon.
B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.
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; therefore, Chapter 665 of the Acts of Assembly of 2015 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.