HB5045: Inmate, parolee, probationer, detainee, or pretrial defendant, etc.; carnal knowledge.
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 a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, or pretrial defendant or posttrial offender; 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 a 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 the a
state or local correctional facility, a 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 a 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.
B. For the purposes of this section, “carnal:
"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.
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 1289 of the Acts of Assembly of 2020 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.
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 a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, or pretrial defendant or posttrial offender; 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 a 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 the
a state or local correctional facility, a 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 a 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.
B. For the purposes of this section,"carnal:
"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.
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 1289 of the Acts of Assembly of 2020 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.
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 a person in the custody of a law-enforcement officer or an inmate, parolee, probationer, detainee, or pretrial defendant or posttrial offender; penalty.
A. An accused is guilty of carnal knowledge of a
person in the custody of a law-enforcement officer or an inmate, parolee,
probationer, 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 in the custody of a law-enforcement
officer, inmate, probationer, parolee, detainee, or a pretrial
defendant or posttrial offender; knows that the person in the custody of a
law-enforcement officer, inmate, probationer, parolee, 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 the
a state or local correctional facility, a 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 in
the custody of a law-enforcement officer, probationer, parolee, detainee,
or a 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.
B. For the purposes of this section, a person is in the custody of a law-enforcement officer when due to physical force, words, or actions by the law-enforcement officer, such person reasonably believes he is not free to leave under the circumstances.
C. For the purposes of this section,"carnal:
"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.
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 1289 of the Acts of Assembly of 2020 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.
HOUSE BILL NO. 5045
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, arrestee detainee, or pretrial defendant or posttrial offender; penalty.
An accused is guilty of carnal knowledge of an inmate,
parolee, probationer, arrestee,
detainee, or pretrial defendant or posttrial offender if he is a law-enforcement officer as defined in § 9.1-101
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 inmate, probationer, parolee, arrestee, detainee, or a pretrial defendant or
posttrial offender; knows that the inmate, probationer, parolee, arrestee, 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 the a state or local correctional
facility, a 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 probationer, parolee, arrestee,
detainee, or a 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.
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.
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 1289 of the Acts of Assembly of 2020 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.