Bill Text: VA HB1893 | 2011 | Regular Session | Introduced
Bill Title: Abduction; penalty when person recruits, etc., child under 16 years of age for prostitution.
Spectrum: Slight Partisan Bill (Democrat 11-5)
Status: (Introduced - Dead) 2011-01-31 - House: Incorporated by Courts of Justice (HB1898-Hugo) by voice vote [HB1893 Detail]
Download: Virginia-2011-HB1893-Introduced.html
11102440D Patrons-- Watts, Abbott, Albo, Bulova, Cole, Comstock, Ebbin, Englin, Filler-Corn, Herring, Hugo, Keam, Kory, Plum, Rust and Sickles; Senators: Howell, Marsden and Puller Be it enacted by the General Assembly of Virginia: 1. That §§ 18.2-47, 18.2-48, 18.2-49, and 18.2-356 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, recruits, entices, solicits, 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, by force, intimidation or deception, and without legal justification or excuse, recruits, entices, solicits, seizes, takes, transports, detains or secretes another person with the intent to subject him to forced labor or services 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 of another with intent to extort money or for immoral purpose; solicitation or recruitment for concubinage or prostitution; penalty. A. Abduction
(i) with the intent to extort money or pecuniary benefit, or (ii)
of any person with intent to defile such person, is punishable
as a Class 2 felony. B. Any
person who, without legal justification or excuse, recruits, entices, solicits,
seizes, takes, transports, detains or secretes a child
under C. Abduction of any person 16 years of age or older for the purpose of concubinage or prostitution is punishable as a Class 4 felony. D. If
the sentence imposed for a violation of § 18.2-49. Threatening, attempting or assisting in abduction. Any person who (1) § 18.2-356. Receiving money for procuring person. Any person who 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. |