Virginia Sex Crime Laws In the Commonwealth of Virginia, sexual crimes are dealt with generally in sections 18.2-61 through 18.2-67.10 in Title 18.2 (Crimes and Crimes in General), Chapter 4 (Crimes Against the Person).In essence, sex crimes in Virginia can be defined as a person who performs a sexual act with a person who does not or cannot give their consent. Although the majority of sexual crimes cover behaviors that involve physical contact with a victim, this is not always the case.
Other acts in which the perpetrator acts without the victim’s consent, such as improper exposure, are also considered sexual crimes and could justify contact with a sex crime lawyer in Virginia. Almost all sexual offenses are subject to the additional penalty for mandatory registration in the publicly accessible sex offender registry. Some offenses require a second sexual conviction before compulsory participation in the sex offender registry is required. For a list of sexual offenses that require the offender to be registered in the sex offender register, see the Virginia State Police website on the subject.
As sexual offenses are listed below, it is indicated for which sexual offenses registration in the sex offender register is required. In the state of Virginia, sex crimes are divided into two broad categories: sexual crimes and sexually violent crimes.
Sexually violent crimes are generally more serious and are punished with harsher punishments, including but not related to: immoral kidnapping, rape, violent sodomy, sexual penetration of objects, aggravated sexual battery, indecent liberties with minors and murder-related cases Offenses listed on this page.Sex offenses may be less serious than violent sex offenses, but state laws for all sex offenses still provide for severe punishments in the form of the sex offender registry.
Even a minor crime, such as unlawful photography of another (section 18.2-386.1), can result in mandatory lifelong registration in the sex offender registry. The laws on violent sex offenses are explained here. The laws on child sex offenses are explained here.
Definitions Section 18.2-67.10Sexual abuse is defined in section 18.2-67.10 (6) as when a person intends to sexually harass, excite, or satisfy someone: Intentionally touches the victim’s intimate parts (genitals, anus, groin, chest, or buttocks) or the material that directly covers the victim’s intimate parts.
Forces the victim to touch the intimate parts of the person, victim or other person, or the material that directly covers the intimate parts.
Causes or helps the victim touch the intimate parts or material of a person, victim or other person that directly covers the intimate parts and the victim is under 13 years of age. Forces another person to touch the intimate parts of the victim or the material that directly covers the intimate parts of the victim.
Mental disability is defined in section 18.2-67.10 (3) as the state of the victim at the time of the sexual offense, in which the victim cannot understand the sexual acts (their nature and consequences), and a state that the accused would have known must or knew existed.
Physical helplessness is defined in section 18.2-67.10 (4) as loss of consciousness or other condition at the time of the crime that the victim was unable to report an unwillingness to act that the accused should have known or should have known exist.