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2014 SESSION
14104216DBe 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)
within a two-year period, against the will of more than one complaining witness
or against the will of one complaining witness on more than one occasion, (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 (iii)
(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 806 of the Acts of Assembly of 2013 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.