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2004 SESSION

041144828
SENATE BILL NO. 477
Offered January 14, 2004
Prefiled January 14, 2004
A BILL to amend and reenact § 18.2-361 of the Code of Virginia, relating to crimes against nature.
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Patron-- Ticer
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That § 18.2-361 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-361. Crimes against nature.

A. If any person (i) carnally knows in any manner any brute animal, 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 guilty of a Class 6 felony, 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.