Virginia Sex Crimes Maximum Punishments

Virginia law defines a number of different sex crimes.  Following is a non-exhaustive list of the most commonly charged sex crimes in Virginia, along with descriptions of the penalties for each: 

• Sexual Battery (Virginia Code § 18.2-67.4)
  • Class 1 Misdemeanor punishable by up to 12 months in jail and/or a fine of up to $2,500.
  • A third conviction for Sexual Battery within 10 years (Virginia Code § 18.2-67.5:1) is a Class 6 Felony punishable for 1 to 5 years in prison or jail for up to 12 months, and a fine of up to $2,500, either or both.
• Aggravated Sexual Battery (Virginia Code § 18.2-67.3)
  • Punishable by confinement in a state correctional facility for a term of not less than 1 nor more than 20 years and a fine of not more than $100,000.
• Rape (Virginia Code § 18.2-61)
  • Punishment in a state correctional facility for life or for any term not less than 5 years.
  • Can include a mandatory minimum of 25 years depending on the alleged conduct of the defendant.
  • Can include a suspended sentence of no less than 40 years depending on the nature of the charge.
• Carnal Knowledge of a child between thirteen and fifteen years of age (Virginia Code § 18.2-63)
  • The punishment under this Code Section depends on the age of the alleged victim.
  • If the alleged victim is 13 or 14, then conviction under this section is for a Class 4 Felony, punishable by imprisonment for 2 to 10 years and a fine of up to $100,000.
  • If the alleged victim is 13 or 14 years old, the defendant is a minor, and the alleged victim is 3 years or more younger than the defendant, then conviction under this section is for a Class 6 Felony punishable by 1 to 5 years imprisonment, or jail for up to 12 months and/or a fine of up to $2,500.
  • Note that carnal knowledge is defined to include sexual intercourse and other various sexual acts.
• Forcible Sodomy (Virginia Code § 18.2-67.1)
  • Punishable by confinement in a state prison for life or for any term not less than 5 years.
  • Can include a mandatory minimum of 25 years depending on the conduct alleged.
  • Can include a mandatory suspended sentence of no less than 40 years depending on the conduct alleged.
• Object Sexual Penetration (Virginia Code § 18.2-67.2)
  • Punishable by confinement in a state prison for 5 years to life.
  • Can include a mandatory minimum of 25 years depending on the conduct alleged.
  • Can include a mandatory suspended sentence of no less than 40 years depending on the conduct alleged.
• Attempted Rape, Attempted Forcible Sodomy, Attempted Object Sexual Penetration, Attempted Aggravated Sexual Battery, Attempted Sexual Battery (Virginia Code § 18.2-67.5)
  • Attempted Rape, Forcible Sodomy or Inanimate or Animate Object Sexual Penetration is a Class 4 Felony punishable by imprisonment for 2 to 10 years and a fine of up to $100,000.
  • Attempted Aggravated Sex Battery is a Class 6 Felony punishable by imprisonment for 1 to 5 years or jail for up to 12 months and a fine of up to $2,500, either or both.
  • Attempted Sex Battery is a Class 1 Misdemeanor punishable by confinement in jail for up to 12 months and fine of up to $1,200.00, either or both.
• Sexual Abuse of a Child (13 or 14 years of age) (Virginia Code § 18.2-67.4:2)
  • Class 1 misdemeanor punishable by confinement in jail for up to 12 months and fine of up to $1,200, either or both.

Ghislaine Storr Burks is the lead defense lawyer at Livesay & Myers for sex crimes cases throughout the Northern Virginia and Richmond areas, including Fairfax, Arlington, Alexandria, Manassas, Woodbridge, Prince William County, Henrico, Hanover, Richmond, Caroline, King George, Stafford, Spotsylvania & Fredericksburg, Virginia.

Ms. Storr Burks offers free initial consultations in sex crimes cases, felony and misdemeanor, including Indecent Liberties, Sexual Battery, Rape and Carnal Knowledge charges. Contact us to schedule your free consultation with an experienced Virginia sex crimes defense attorney today.

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IN THE NEWS

Criminal Law News (9/22/07). In a highly publicized case, Livesay & Myers criminal defense attorney Ghislaine Storr Burks represented a man accused of spitting on a deputy and urinating in a police cruiser following a hit-and-run incident in Stafford County. To read the newspaper coverage, click here.