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2023 SESSION
23104994DBe 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; (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; or (v) the
complaining witness while the
complaining witness was (a)
18 years of age or older at
the time of the alleged offense and (b)
under the spiritual care of the accused, and
the accused was, at the time of the alleged offense, a
member of the clergy or similar functionary of a religious organization in
a position of trust or authority over the complaining witness.
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 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 2 of the Acts of Assembly of 2022, Special Session I, 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.