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2017 SESSION
17102630DBe 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, surprise, or ruse,;
(ii) within a two-year period, more than one complaining witness or one
complaining witness on more than one occasion intentionally and without the
consent of the complaining witness,; (iii) 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 (iv) 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; therefore, Chapter 780 of the Acts of Assembly of 2016 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.