SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2020 SESSION
20102561DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-64.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-64.2. Carnal knowledge of an inmate, parolee, probationer, arrestee, detainee, or pretrial or posttrial offender; penalty.
An accused is guilty of carnal knowledge of an inmate, parolee,
probationer, arrestee, detainee, or pretrial defendant or posttrial
offender if he is a law-enforcement officer, as defined in § 9.1-101, or
an employee or contractual employee of, or a volunteer with, a state or local
correctional facility or regional jail, the Department of Corrections, the
Department of Juvenile Justice, a secure facility or detention home, as
defined in § 16.1-228, a state or local court services unit, as defined
in § 16.1-235, a local community-based probation services agency, or a
pretrial services agency; is in a position of authority over the inmate,
probationer, parolee, arrestee, detainee, or a pretrial defendant
or posttrial offender; knows that the inmate, probationer, parolee,
arrestee, detainee, or pretrial defendant or posttrial offender is in
the custody of a private, local, or state law-enforcement agency or under
the jurisdiction of the a state or local correctional facility,
a or regional jail, the Department of Corrections, the Department of
Juvenile Justice, a secure facility or detention home, as defined in §
16.1-228, a state or local court services unit, as defined in §
16.1-235, a local community-based probation services agency, or a pretrial
services agency; and carnally knows, without the use of force, threat,
or intimidation, (i) an inmate who has been committed to jail or
convicted and sentenced to confinement in a state or local correctional
facility or regional jail or (ii) a probationer, parolee, arrestee,
detainee, or a pretrial defendant or posttrial offender in the
custody of a private, local, or state law-enforcement agency or under the
jurisdiction of the Department of Corrections, the Department of Juvenile
Justice, a secure facility or detention home, as defined in § 16.1-228,
a state or local court services unit, as defined in § 16.1-235, 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 program or agency. Such
offense is a Class 6 felony.
An accused is guilty of carnal knowledge of a pretrial defendant or posttrial offender if he (a) is an owner or employee of the bail bond company that posted the pretrial defendant's or posttrial offender's bond, (b) has the authority to revoke the pretrial defendant's or posttrial offender's bond, and (c) carnally knows, without use of force, threat, or intimidation, a pretrial defendant or posttrial offender. Such offense is a Class 1 misdemeanor.
For the purposes of this section, "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate or inanimate object sexual penetration.
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 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
[ 3. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2020 by the General Assembly that becomes law. ]