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2024 SESSION
24104794DBe it enacted by the General Assembly of Virginia:
1. That §§ 18.2-64.2 and 18.2-67.4 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-64.2. Carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, pretrial defendant or posttrial offender, or confidential informant; penalty.
A. An accused is guilty of carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile 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 detained or arrested by a law-enforcement officer, inmate, probationer, parolee, juvenile detainee, or pretrial defendant or posttrial offender; knows that the person detained or arrested by a law-enforcement officer, inmate, probationer, parolee, juvenile 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 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; 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 detained or arrested by a law-enforcement officer, probationer, parolee, juvenile detainee, or 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.
An accused is guilty of carnal knowledge of a person serving as a confidential informant if he (1) is a law-enforcement officer; (2) is in a position of authority over the person serving as a confidential informant; (3) knows that such person is serving as a confidential informant for a private, local, or state law-enforcement agency; and (4) carnally knows, without use of force, threat, or intimidation, a person serving as a confidential informant. Such offense is a Class 6 felony.
B. 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.
"Law-enforcement officer" means the same as that term is defined in § 9.1-101.
§ 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; (v) a person detained
or arrested by a law-enforcement officer and the accused is law-enforcement
officer; is in a position of authority over the person detained or arrested; and knows
that the person detained or arrested by a law-enforcement officer is in the
custody of a private, local, or state law-enforcement agency; (vi)
a pretrial defendant or posttrial offender and the accused is an owner or employee
of the bail company that posted the pretrial defendant's or posttrial
offender's bond and has the authority to revoke the pretrial defendant's or
posttrial offender's bond; or (vii) a
person serving as a confidential informant and the accused is a law-enforcement
officer; is in a position of authority over the person serving
as a confidential informant; and knows
that such person is serving as a confidential informant for a private, local,
or state law-enforcement agency.
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 1 of the Acts of Assembly of 2023, Special Session I, 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.