HB2294: Inmates; carnal knowledge, expansion to include defendants on bond, penalty is Class 1 misdemeanor.
Be 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 an inmate, parolee, probationer, detainee, or pretrial or posttrial offender; penalty.
An accused shall be is guilty of carnal
knowledge of an inmate, parolee, probationer, detainee, or pretrial defendant
or posttrial offender if he or she is 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 inmate, probationer, parolee, detainee, or a pretrial
defendant or posttrial offender; knows that the inmate, probationer, parolee,
detainee, or pretrial defendant or posttrial offender is under the jurisdiction
of the state or local correctional facility, a 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 probationer, parolee, detainee, or a pretrial defendant or
posttrial offender 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 (i) is an owner or employee of the bail bond company that posted the pretrial defendant's or posttrial offender's bond, (ii) has the authority to revoke the pretrial defendant's or posttrial offender's bond, and (iii) carnally knows, without use of force, threat, or intimidation, a pretrial defendant or posttrial offender. Such offense is a Class 1 misdemeanor.
For the purposes of this section, "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse and animate or inanimate object sexual penetration.
HOUSE BILL NO. 2294
Be 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 an inmate, parolee, probationer, detainee or pretrial or posttrial offender; penalty.
An accused shall be is guilty of carnal knowledge
of an inmate, parolee, probationer, detainee, or pretrial defendant or
posttrial offender if he or she
is 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, or a bail bond company; is in
a position of authority over the inmate, probationer, parolee, detainee, or a
pretrial defendant or posttrial offender; knows that the inmate, probationer,
parolee, detainee, or pretrial defendant or posttrial offender is under the
jurisdiction of the state or local correctional facility, a 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, or the bail bond company
that posted the pretrial defendant's or posttrial offender's
bond; 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 probationer, parolee,
detainee, or a pretrial defendant or posttrial offender 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 bail
bond company that is surety on the
defendant's bond, 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.
For the purposes of this section, "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse and animate or inanimate object sexual penetration.
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 3 of the Acts of Assembly of 2012, 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.