HB1898: Abduction of minors; for sexual purposes, penalty.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-48, 18.2-67.7, and 18.2-356 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-48. Abduction with intent to extort money or for immoral purpose.
Abduction (i) of any person with the intent to extort
money or pecuniary benefit, (ii) of any person with intent to defile such
person, or (iii) of any child under sixteen years of age for the purpose
of concubinage or, (iv) of any person for the purpose of
prostitution, or (v) of any minor for the purpose of manufacturing child
pornography shall be punishable as a Class 2 felony. If the sentence
imposed for a violation of (ii) or, (iii), (iv), or (v)
includes a term of confinement less than life imprisonment, the judge shall
impose, in addition to any active sentence, a suspended sentence of no less
than 40 years. This suspended sentence shall be suspended for the remainder of
the defendant's life subject to revocation by the court.
§ 18.2-67.7. Admission of evidence.
A. In prosecutions under this article, or under clause
(iii) or (iv) of § 18.2-48, § 18.2-370, 18.2-370.01, or 18.2-370.1,
general reputation or opinion evidence of the complaining witness's unchaste
character or prior sexual conduct shall not be admitted. Unless the complaining
witness voluntarily agrees otherwise, evidence of specific instances of his or
her prior sexual conduct shall be admitted only if it is relevant and is:
1. Evidence offered to provide an alternative explanation for physical evidence of the offense charged which is introduced by the prosecution, limited to evidence designed to explain the presence of semen, pregnancy, disease, or physical injury to the complaining witness's intimate parts; or
2. Evidence of sexual conduct between the complaining witness and the accused offered to support a contention that the alleged offense was not accomplished by force, threat or intimidation or through the use of the complaining witness's mental incapacity or physical helplessness, provided that the sexual conduct occurred within a period of time reasonably proximate to the offense charged under the circumstances of this case; or
3. Evidence offered to rebut evidence of the complaining witness's prior sexual conduct introduced by the prosecution.
B. Nothing contained in this section shall prohibit the accused from presenting evidence relevant to show that the complaining witness had a motive to fabricate the charge against the accused. If such evidence relates to the past sexual conduct of the complaining witness with a person other than the accused, it shall not be admitted and may not be referred to at any preliminary hearing or trial unless the party offering same files a written notice generally describing the evidence prior to the introduction of any evidence, or the opening statement of either counsel, whichever first occurs, at the preliminary hearing or trial at which the admission of the evidence may be sought.
C. Evidence described in subsections A and B of this section shall not be admitted and may not be referred to at any preliminary hearing or trial until the court first determines the admissibility of that evidence at an evidentiary hearing to be held before the evidence is introduced at such preliminary hearing or trial. The court shall exclude from the evidentiary hearing all persons except the accused, the complaining witness, other necessary witnesses, and required court personnel. If the court determines that the evidence meets the requirements of subsections A and B of this section, it shall be admissible before the judge or jury trying the case in the ordinary course of the preliminary hearing or trial. If the court initially determines that the evidence is inadmissible, but new information is discovered during the course of the preliminary hearing or trial which may make such evidence admissible, the court shall determine in an evidentiary hearing whether such evidence is admissible.
§ 18.2-356. Receiving money for procuring person.
Any person who shall receive receives any money
or other valuable thing for or on account of (i) procuring for or
placing in a house of prostitution or elsewhere any person for the purpose of
causing such person to engage in unlawful sexual intercourse or any act in
violation of § 18.2-361 or (ii) causing any person to engage in forced labor
or services, concubinage, prostitution, or the manufacture of any obscene
material or child pornography shall be guilty of a Class 4 felony.
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 874 of the Acts of Assembly of 2010 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.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-48, 18.2-67.7, and 18.2-356 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-48. Abduction with intent to extort money or for immoral purpose.
Abduction (i) with the intent to extort money or pecuniary
benefit, (ii) of any person with intent to defile such person, or (iii)
of any child under sixteen years of age for the purpose of concubinage or
prostitution, or (iv) of any minor for the purpose of manufacturing child
pornography, shall be punishable as a Class 2 felony. If the
sentence imposed for a violation of (ii) or, (iii), or (iv) includes
a term of confinement less than life imprisonment, the judge shall impose, in
addition to any active sentence, a suspended sentence of no less than 40 years.
This suspended sentence shall be suspended for the remainder of the defendant's
life subject to revocation by the court.
§ 18.2-67.7. Admission of evidence.
A. In prosecutions under this article, or under clause (iii) or (iv) of § 18.2-48, § 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion evidence of the complaining witness's unchaste character or prior sexual conduct shall not be admitted. Unless the complaining witness voluntarily agrees otherwise, evidence of specific instances of his or her prior sexual conduct shall be admitted only if it is relevant and is:
1. Evidence offered to provide an alternative explanation for physical evidence of the offense charged which is introduced by the prosecution, limited to evidence designed to explain the presence of semen, pregnancy, disease, or physical injury to the complaining witness's intimate parts; or
2. Evidence of sexual conduct between the complaining witness and the accused offered to support a contention that the alleged offense was not accomplished by force, threat or intimidation or through the use of the complaining witness's mental incapacity or physical helplessness, provided that the sexual conduct occurred within a period of time reasonably proximate to the offense charged under the circumstances of this case; or
3. Evidence offered to rebut evidence of the complaining witness's prior sexual conduct introduced by the prosecution.
B. Nothing contained in this section shall prohibit the accused from presenting evidence relevant to show that the complaining witness had a motive to fabricate the charge against the accused. If such evidence relates to the past sexual conduct of the complaining witness with a person other than the accused, it shall not be admitted and may not be referred to at any preliminary hearing or trial unless the party offering same files a written notice generally describing the evidence prior to the introduction of any evidence, or the opening statement of either counsel, whichever first occurs, at the preliminary hearing or trial at which the admission of the evidence may be sought.
C. Evidence described in subsections A and B of this section shall not be admitted and may not be referred to at any preliminary hearing or trial until the court first determines the admissibility of that evidence at an evidentiary hearing to be held before the evidence is introduced at such preliminary hearing or trial. The court shall exclude from the evidentiary hearing all persons except the accused, the complaining witness, other necessary witnesses, and required court personnel. If the court determines that the evidence meets the requirements of subsections A and B of this section, it shall be admissible before the judge or jury trying the case in the ordinary course of the preliminary hearing or trial. If the court initially determines that the evidence is inadmissible, but new information is discovered during the course of the preliminary hearing or trial which may make such evidence admissible, the court shall determine in an evidentiary hearing whether such evidence is admissible.
§ 18.2-356. Receiving money for procuring person.
Any person who shall receive receives any money
or other valuable thing for or on account of (i) procuring for or
placing in a house of prostitution or elsewhere any person for the purpose of
causing such person to engage in unlawful sexual intercourse or any act in
violation of § 18.2-361, or (ii) causing any person to engage in forced
labor or services, concubinage, prostitution, or the manufacture of any obscene
material or child pornography shall be guilty of a Class 4 felony.
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 874 of the Acts of Assembly of 2010 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.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-48, 18.2-67.7, and 18.2-356 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-48. Abduction with intent to extort money or for immoral purpose.
Abduction (i) with the intent to extort money or pecuniary
benefit, (ii) of any person with intent to defile such person, or (iii) of any child
under sixteen years of age minor for the purpose of concubinage,
or prostitution, or the manufacture of any obscene material or child
pornography shall be punishable as a Class 2 felony. For any
prosecution pursuant to this section, consent of the victim to the sexual act
shall not be a defense. Abduction of any adult for the purpose of concubinage
or prostitution is punishable as a Class 4 felony. If the sentence imposed
for a violation of clause (ii) or (iii) includes a term of confinement
less than life imprisonment, the judge shall impose, in addition to any active
sentence, a suspended sentence of no less than 40 years. This suspended
sentence shall be suspended for the remainder of the defendant's life subject
to revocation by the court.
§ 18.2-67.7. Admission of evidence.
A. In prosecutions under this article, or under clause (iii) of § 18.2-48, § 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion evidence of the complaining witness's unchaste character or prior sexual conduct shall not be admitted. Unless the complaining witness voluntarily agrees otherwise, evidence of specific instances of his or her prior sexual conduct shall be admitted only if it is relevant and is:
1. Evidence offered to provide an alternative explanation for physical evidence of the offense charged which is introduced by the prosecution, limited to evidence designed to explain the presence of semen, pregnancy, disease, or physical injury to the complaining witness's intimate parts; or
2. Evidence of sexual conduct between the complaining witness and the accused offered to support a contention that the alleged offense was not accomplished by force, threat or intimidation or through the use of the complaining witness's mental incapacity or physical helplessness, provided that the sexual conduct occurred within a period of time reasonably proximate to the offense charged under the circumstances of this case; or
3. Evidence offered to rebut evidence of the complaining witness's prior sexual conduct introduced by the prosecution.
B. Nothing contained in this section shall prohibit the accused from presenting evidence relevant to show that the complaining witness had a motive to fabricate the charge against the accused. If such evidence relates to the past sexual conduct of the complaining witness with a person other than the accused, it shall not be admitted and may not be referred to at any preliminary hearing or trial unless the party offering same files a written notice generally describing the evidence prior to the introduction of any evidence, or the opening statement of either counsel, whichever first occurs, at the preliminary hearing or trial at which the admission of the evidence may be sought.
C. Evidence described in subsections A and B of this section shall not be admitted and may not be referred to at any preliminary hearing or trial until the court first determines the admissibility of that evidence at an evidentiary hearing to be held before the evidence is introduced at such preliminary hearing or trial. The court shall exclude from the evidentiary hearing all persons except the accused, the complaining witness, other necessary witnesses, and required court personnel. If the court determines that the evidence meets the requirements of subsections A and B of this section, it shall be admissible before the judge or jury trying the case in the ordinary course of the preliminary hearing or trial. If the court initially determines that the evidence is inadmissible, but new information is discovered during the course of the preliminary hearing or trial which may make such evidence admissible, the court shall determine in an evidentiary hearing whether such evidence is admissible.
§ 18.2-356. Receiving money for procuring person.
Any person who shall receive receives any money
or other valuable thing for or on account of (I) procuring for or
placing in a house of prostitution or elsewhere any person for the purpose of
causing such person to engage in unlawful sexual intercourse or any act in
violation of § 18.2-361, or (ii) causing any person to engage in forced
labor or services, concubinage, prostitution, or the manufacture of any obscene
material or child pornography shall be guilty of a Class 4 felony.
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 874 of the Acts of Assembly of 2010 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.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-48, 18.2-67.7, and 18.2-356 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-48. Abduction with intent to extort money or for immoral purpose.
Abduction (i) with the intent to extort money or pecuniary
benefit, (ii) of any person with intent to defile such person, or (iii) of any child
under sixteen years of age minor for the purpose of concubinage,
or prostitution, or the manufacture of pornography shall be
punishable as a Class 2 felony. For any prosecution pursuant to
clause (iii), consent of the minor to the sexual act shall not be a defense.
Abduction of any adult for the purpose of concubinage or prostitution is
punishable as a Class 4 felony. If the sentence imposed for a violation of clause
(ii) or (iii) includes a term of confinement less than life imprisonment,
the judge shall impose, in addition to any active sentence, a suspended
sentence of no less than 40 years. This suspended sentence shall be suspended
for the remainder of the defendant's life subject to revocation by the court.
§ 18.2-67.7. Admission of evidence.
A. In prosecutions under this article, or under clause (iii) of § 18.2-48, § 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion evidence of the complaining witness's unchaste character or prior sexual conduct shall not be admitted. Unless the complaining witness voluntarily agrees otherwise, evidence of specific instances of his or her prior sexual conduct shall be admitted only if it is relevant and is:
1. Evidence offered to provide an alternative explanation for physical evidence of the offense charged which is introduced by the prosecution, limited to evidence designed to explain the presence of semen, pregnancy, disease, or physical injury to the complaining witness's intimate parts; or
2. Evidence of sexual conduct between the complaining witness and the accused offered to support a contention that the alleged offense was not accomplished by force, threat or intimidation or through the use of the complaining witness's mental incapacity or physical helplessness, provided that the sexual conduct occurred within a period of time reasonably proximate to the offense charged under the circumstances of this case; or
3. Evidence offered to rebut evidence of the complaining witness's prior sexual conduct introduced by the prosecution.
B. Nothing contained in this section shall prohibit the accused from presenting evidence relevant to show that the complaining witness had a motive to fabricate the charge against the accused. If such evidence relates to the past sexual conduct of the complaining witness with a person other than the accused, it shall not be admitted and may not be referred to at any preliminary hearing or trial unless the party offering same files a written notice generally describing the evidence prior to the introduction of any evidence, or the opening statement of either counsel, whichever first occurs, at the preliminary hearing or trial at which the admission of the evidence may be sought.
C. Evidence described in subsections A and B of this section shall not be admitted and may not be referred to at any preliminary hearing or trial until the court first determines the admissibility of that evidence at an evidentiary hearing to be held before the evidence is introduced at such preliminary hearing or trial. The court shall exclude from the evidentiary hearing all persons except the accused, the complaining witness, other necessary witnesses, and required court personnel. If the court determines that the evidence meets the requirements of subsections A and B of this section, it shall be admissible before the judge or jury trying the case in the ordinary course of the preliminary hearing or trial. If the court initially determines that the evidence is inadmissible, but new information is discovered during the course of the preliminary hearing or trial which may make such evidence admissible, the court shall determine in an evidentiary hearing whether such evidence is admissible.
§ 18.2-356. Receiving money for procuring person.
Any person who shall receive receives any money
or other valuable thing for or on account of (I) procuring for or
placing in a house of prostitution or elsewhere any person for the purpose of
causing such person to engage in unlawful sexual intercourse or any act in
violation of § 18.2-361, or (ii) causing any person to engage in forced
labor or services, concubinage, prostitution, or the manufacture of pornography
shall be guilty of a Class 4 felony.
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 874 of the Acts of Assembly of 2010 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.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-47, 18.2-48, 18.2-49, 18.2-67.7, and 18.2-382 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-47. Abduction and kidnapping defined; punishment.
A. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of "abduction."
B. Any person who, (i) by force, intimidation or
deception, and without legal justification or excuse, seizes, takes, transports,
detains or, secretes,
recruits, entices, harbors, transports, provides,
purchases, or obtains by any means, or attempts to recruit, entice, harbor,
provide, purchase, or obtain by any means another person
with the intent to subject him to forced labor or services or (ii) seizes, takes, transports, detains, secretes, recruits, entices,
harbors, provides, purchases, or obtains by any means, or attempts to recruit,
entice, harbor, provide, purchase, or obtain by any means a minor for purposes
of prostitution, pornography or sexual performance by the minor shall be deemed guilty of
"abduction." For purposes of this subsection, the term
"intimidation" shall include destroying, concealing, confiscating,
withholding, or threatening to withhold a passport, immigration document, or
other governmental identification or threatening to report another as being
illegally present in the United States.
C. The provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms "abduction" and "kidnapping" shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.
D. If an offense under subsection A is committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending, the offense shall be a Class 1 misdemeanor in addition to being punishable as contempt of court. However, such offense, if committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending and the person abducted is removed from the Commonwealth by the abducting parent, shall be a Class 6 felony in addition to being punishable as contempt of court.
§ 18.2-48. Abduction with intent to extort money or for immoral purpose.
Abduction (i) with the intent to extort money or pecuniary
benefit, (ii) of any person with intent to defile such person, or (iii) of any child under sixteen years of age minor for the purpose of
concubinage,
or prostitution, pornography or sexual performance by the minor shall
be punishable as a Class 2 felony.
For any prosecution pursuant to clause (iii), (a)
lack of knowledge of the minor victim's age shall not be a defense and (b)
consent of the minor
to the sexual act shall not be a defense. If
the sentence imposed for a violation of clause (ii)
or (iii) includes a term of confinement less than life imprisonment, the judge
shall impose, in addition to any active sentence, a suspended sentence of no
less than 40 years. This suspended sentence shall be suspended for the
remainder of the defendant's life subject to revocation by the court.
§ 18.2-49. Threatening, attempting or assisting in such abduction.
Any person who (1) threatens, or attempts, to abduct any other
person with intent to extort money, or pecuniary benefit, or (2) assists or
aids in the abduction of, or threatens to abduct, any person with the intent to
defile such person, or (3) assists or aids in the abduction of, or threatens to
abduct, any minor female under
sixteen years of age for the purpose of concubinage, or prostitution, shall be pornography or sexual performance by the minor is guilty
of a Class 5 felony.
§ 18.2-67.7. Admission of evidence.
A. In prosecutions under this article, or under subsection B of § 18.2-47, clause (iii) of § 18.2-48, § 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion evidence of the complaining witness's unchaste character or prior sexual conduct shall not be admitted. Unless the complaining witness voluntarily agrees otherwise, evidence of specific instances of his or her prior sexual conduct shall be admitted only if it is relevant and is:
1. Evidence offered to provide an alternative explanation for physical evidence of the offense charged which is introduced by the prosecution, limited to evidence designed to explain the presence of semen, pregnancy, disease, or physical injury to the complaining witness's intimate parts; or
2. Evidence of sexual conduct between the complaining witness and the accused offered to support a contention that the alleged offense was not accomplished by force, threat or intimidation or through the use of the complaining witness's mental incapacity or physical helplessness, provided that the sexual conduct occurred within a period of time reasonably proximate to the offense charged under the circumstances of this case; or
3. Evidence offered to rebut evidence of the complaining witness's prior sexual conduct introduced by the prosecution.
B. Nothing contained in this section shall prohibit the accused from presenting evidence relevant to show that the complaining witness had a motive to fabricate the charge against the accused. If such evidence relates to the past sexual conduct of the complaining witness with a person other than the accused, it shall not be admitted and may not be referred to at any preliminary hearing or trial unless the party offering same files a written notice generally describing the evidence prior to the introduction of any evidence, or the opening statement of either counsel, whichever first occurs, at the preliminary hearing or trial at which the admission of the evidence may be sought.
C. Evidence described in subsections A and B of this section shall not be admitted and may not be referred to at any preliminary hearing or trial until the court first determines the admissibility of that evidence at an evidentiary hearing to be held before the evidence is introduced at such preliminary hearing or trial. The court shall exclude from the evidentiary hearing all persons except the accused, the complaining witness, other necessary witnesses, and required court personnel. If the court determines that the evidence meets the requirements of subsections A and B of this section, it shall be admissible before the judge or jury trying the case in the ordinary course of the preliminary hearing or trial. If the court initially determines that the evidence is inadmissible, but new information is discovered during the course of the preliminary hearing or trial which may make such evidence admissible, the court shall determine in an evidentiary hearing whether such evidence is admissible.
§ 18.2-382. Photographs, slides and motion pictures.
Every person who knowingly:
(1)1. Photographs himself or any
other person, for purposes of preparing an obscene film, photograph, negative,
slide or motion picture for purposes of sale or distribution; or
(2)2. Models, poses, acts, or
otherwise assists in the preparation of any obscene film, photograph, negative,
slide or motion picture for purposes of sale or distribution; shall be guilty
of a Class 3 misdemeanor, except that a
minor cannot consent to such act and the use of a minor in the preparation is a
crime of abduction for purposes of prostitution pursuant to subsection
B of § 18.2-47 and clause (iii) of § 18.2-48.
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 874 of the Acts of Assembly of 2010 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.