18.2-67.3 - Aggravated sexual battery; penalty. - Virginia Statutes

§ 18.2-67.3. Aggravated sexual battery; penalty.

A. An accused shall be guilty of aggravated sexual battery if he or shesexually abuses the complaining witness, and

1. The complaining witness is less than 13 years of age, or

2. The act is accomplished through the use of the complaining witness'smental incapacity or physical helplessness, or

3. The offense is committed by a parent, step-parent, grandparent, orstep-grandparent and the complaining witness is at least 13 but less than 18years of age, or

4. The act is accomplished against the will of the complaining witness byforce, threat or intimidation, and

a. The complaining witness is at least 13 but less than 15 years of age, or

b. The accused causes serious bodily or mental injury to the complainingwitness, or

c. The accused uses or threatens to use a dangerous weapon.

B. Aggravated sexual battery is a felony punishable by confinement in a statecorrectional facility for a term of not less than one nor more than 20 yearsand by a fine of not more than $100,000.

(1981, c. 397; 1993, c. 590; 2004, c. 843; 2005, cc. 185, 406.)