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2020 SPECIAL SESSION I
20201022DBe 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 a person in the custody of a law-enforcement officer or an inmate, parolee, probationer, detainee, or pretrial defendant or posttrial offender; penalty.
A. An accused is guilty of carnal knowledge of a
person in the custody of a law-enforcement officer or an inmate, parolee,
probationer, detainee, or pretrial defendant or posttrial offender if he is
a law-enforcement officer 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 person in the custody of a law-enforcement
officer, inmate, probationer, parolee, detainee, or a pretrial
defendant or posttrial offender; knows that the person in the custody of a
law-enforcement officer, inmate, probationer, parolee, 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 person in
the custody of a law-enforcement officer, probationer, parolee, 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 6 felony.
B. For the purposes of this section, a person is in the custody of a law-enforcement officer when due to physical force, words, or actions by the law-enforcement officer, such person reasonably believes he is not free to leave under the circumstances.
C. For the purposes of this section,"carnal:
"Carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate or inanimate object sexual penetration.
"Law-enforcement officer" means the same as that term is defined in § 9.1-101.
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 1289 of the Acts of Assembly of 2020 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.