13104905D
HOUSE BILL NO. 2294
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 1, 2013)
(Patron Prior to Substitute--Delegate Wilt)
A BILL to amend and reenact §18.2-64.2 of the Code of
Virginia, relating to carnal knowledge of an inmate; expansion to include
defendants on bond.
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.
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