18.2-67.4 - Sexual battery. - Virginia Statutes

§ 18.2-67.4. Sexual battery.

A. An accused is guilty of sexual battery if he sexually abuses, as definedin § 18.2-67.10, (i) the complaining witness against the will of thecomplaining witness, by force, threat, intimidation, or ruse, (ii) an inmatewho has been committed to jail or convicted and sentenced to confinement in astate or local correctional facility or regional jail, and the accused is anemployee or contractual employee of, or a volunteer with, the state or localcorrectional facility or regional jail; is in a position of authority overthe inmate; and knows that the inmate is under the jurisdiction of the stateor local correctional facility or regional jail, or (iii) a probationer,parolee, or a pretrial defendant or posttrial offender under the jurisdictionof the Department of Corrections, 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 or agency and the accused is an employee or contractual employee of,or a volunteer with, the Department of Corrections, a local community-basedprobation services agency, a pretrial services agency or a local or regionaljail; is in a position of authority over an offender; and knows that theoffender is under the jurisdiction of the Department of Corrections, a localcommunity-based probation services agency, a pretrial services agency or alocal or regional jail.

B. Sexual battery is a Class 1 misdemeanor.

(1981, c. 397; 1997, c. 643; 1999, c. 294; 2000, cc. 832, 1040; 2006, c. 284;2007, c. 133.)