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.