18.2-67.5:3 - Punishment upon conviction of certain subsequent violent felony sexual assault - Virginia Statutes

§ 18.2-67.5:3. Punishment upon conviction of certain subsequent violentfelony sexual assault.

A. Any person convicted of more than one offense specified in subsection B,when such offenses were not part of a common act, transaction or scheme, andwho has been at liberty as defined in § 53.1-151 between each convictionshall, upon conviction of the second or subsequent such offense, be sentencedto life imprisonment and shall not have all or any portion of the sentencesuspended, provided it is admitted, or found by the jury or judge before whomhe is tried, that he has been previously convicted of at least one of thespecified offenses.

B. The provisions of subsection A shall apply to convictions for:

1. Rape in violation of § 18.2-61;

2. Forcible sodomy in violation of § 18.2-67.1;

3. Object sexual penetration in violation of § 18.2-67.2;

4. Abduction with intent to defile in violation of § 18.2-48; or

5. Conspiracy to commit any offense listed in subdivisions 1 through 4pursuant to § 18.2-22.

C. For purposes of this section, prior convictions shall include (i) adultconvictions for felonies under the laws of any state or the United Statesthat are substantially similar to those listed in subsection B and (ii)findings of not innocent, adjudications or convictions in the case of ajuvenile if the juvenile offense is substantially similar to those listed insubsection B, the offense would be a felony if committed by an adult in theCommonwealth and the offense was committed less than twenty years before thesecond offense.

The Commonwealth shall notify the defendant in the indictment, information,or warrant, at least thirty days prior to trial, of its intention to seekpunishment pursuant to this section.

(1995, c. 834; 2007, c. 506.)