18.2-64.2 - Carnal knowledge of an inmate, parolee, probationer, detainee or pretrial or posttrial offender; penalty. - Virginia Statutes

§ 18.2-64.2. Carnal knowledge of an inmate, parolee, probationer, detainee orpretrial or posttrial offender; penalty.

An accused shall be guilty of carnal knowledge of an inmate, parolee,probationer, detainee, or pretrial defendant or posttrial offender if he orshe is an employee or contractual employee of, or a volunteer with, a stateor local correctional facility or regional jail, the Department ofCorrections, the Department of Juvenile Justice, a secure facility ordetention home, as defined in § 16.1-228, a state or local court servicesunit, as defined in § 16.1-235, a local community-based probation servicesagency or a pretrial services agency; is in a position of authority over theinmate, probationer, parolee, detainee, or a pretrial defendant or posttrialoffender; knows that the inmate, probationer, parolee, detainee, or pretrialdefendant or posttrial offender is under the jurisdiction of the state orlocal correctional facility, a regional jail, the Department of Corrections,the Department of Juvenile Justice, a secure facility or detention home, asdefined 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 pretrialservices agency; and carnally knows, without the use of force, threat orintimidation (i) an inmate who has been committed to jail or convicted andsentenced to confinement in a state or local correctional facility orregional jail or (ii) a probationer, parolee, detainee, or a pretrialdefendant or posttrial offender under the jurisdiction of the Department ofCorrections, the Department of Juvenile Justice, a secure facility ordetention home, as defined in § 16.1-228, a state or local court servicesunit, as defined in § 16.1-235, a local community-based probation servicesagency, a pretrial services agency, a local or regional jail for the purposesof imprisonment, a work program or any other parole/probationary or pretrialservices program or agency. Such offense is a Class 6 felony.

For the purposes of this section, "carnal knowledge" includes the acts ofsexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse andanimate or inanimate object sexual penetration.

(1999, c. 294; 2000, c. 1040; 2001, c. 385; 2007, c. 133.)