18.2-370.1 - Taking indecent liberties with child by person in custodial or supervisory relationship; penalties. - Virginia Statutes

§ 18.2-370.1. Taking indecent liberties with child by person in custodial orsupervisory relationship; penalties.

A. Any person 18 years of age or older who, except as provided in § 18.2-370,maintains a custodial or supervisory relationship over a child under the ageof 18 and is not legally married to such child and such child is notemancipated who, with lascivious intent, knowingly and intentionally (i)proposes that any such child feel or fondle the sexual or genital parts ofsuch person or that such person feel or handle the sexual or genital parts ofthe child; or (ii) proposes to such child the performance of an act of sexualintercourse or any act constituting an offense under § 18.2-361; or (iii)exposes his or her sexual or genital parts to such child; or (iv) proposesthat any such child expose his or her sexual or genital parts to such person;or (v) proposes to the child that the child engage in sexual intercourse,sodomy or fondling of sexual or genital parts with another person; or (vi)sexually abuses the child as defined in § 18.2-67.10 (6), shall be guilty ofa Class 6 felony.

B. Any person who is convicted of a second or subsequent violation of thissection shall be guilty of a Class 5 felony; provided that (i) the offenseswere not part of a common act, transaction or scheme; (ii) the accused was atliberty as defined in § 53.1-151 between each conviction; and (iii) it isadmitted, or found by the jury or judge before whom the person is tried, thatthe accused was previously convicted of a violation of this section.

(1982, c. 521; 1986, c. 503; 1991, c. 517; 2001, c. 840; 2005, c. 185.)