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2014 SESSION
14105076DBe 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, 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 (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.