Bill Text: VA SB1151 | 2019 | Regular Session | Comm Sub


Bill Title: Aggravated sexual battery by false representation or subterfuge; penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-02-06 - Left in Finance [SB1151 Detail]

Download: Virginia-2019-SB1151-Comm_Sub.html
19105359D
SENATE BILL NO. 1151
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on January 21, 2019)
(Patron Prior to Substitute--Senator DeSteph)
A BILL to amend and reenact §§18.2-67.3 and 18.2-67.4 of the Code of Virginia, relating to aggravated sexual battery by false representation or subterfuge; penalty.

Be it enacted by the General Assembly of Virginia:

1. That §§18.2-67.3 and 18.2-67.4 of the Code of Virginia are amended and reenacted as follows:

§18.2-67.3. Aggravated sexual battery; penalty.

A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and

1. The complaining witness is less than 13 years of age, or

2. The act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness, or

3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or

4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and

a. The complaining witness is at least 13 but less than 15 years of age, or

b. The accused causes serious bodily or mental injury to the complaining witness, or

c. The accused uses or threatens to use a dangerous weapon, or

5. The act is accomplished by false representation or subterfuge that is part of a massage by a massage therapist as defined in § 54.1-3000, a medical procedure, or physical therapy, intentionally and without the consent of the complaining witness, and is a second or subsequent offense committed within a two-year period.

B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.

§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, or 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.

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 2018, 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.

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