Be it enacted by the General Assembly of Virginia: 1. That §18.2-67.4 of the Code of Virginia is amended and reenacted as follows: §18.2-67.4. Sexual battery. A. An accused is guilty of sexual battery if he sexually
abuses, as defined in §18.2-67.10, (i) the complaining witness against the
will of the complaining witness, by force, threat, intimidation, or ruse, (ii)
within a two-year period, more than one complaining witness or one complaining
witness on more than one occasion intentionally and without the consent of the
complaining witness, (iii) an inmate who has been committed to jail or
convicted and sentenced to confinement in a state or local correctional
facility or regional jail, and the accused is an employee or contractual
employee of, or a volunteer with, the state or local correctional facility or
regional jail; is in a position of authority over the inmate; and knows that
the inmate is under the jurisdiction of the state or local correctional
facility or regional jail, or B. Sexual battery is a Class 1 misdemeanor. 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 806 of the Acts of Assembly of 2013 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. |