AgeOfConsent
Adultery and fornication by persons forbidden to marry - Virginia Sexual Assault Laws
Adultery and fornication by persons forbidden to marry Crime & Punishment in Virginia :
The Virginia code § 18.2-366 defines three degrees of the crime adultery and fornication by persons forbidden to marry, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.
| Severity | Adultery and fornication by persons forbidden to marry - Charge Description | Punishment |
|---|---|---|
|
Class 1 misdemeanor |
A maximum of 12 months in prison, and/or a maximum fine of $2,500 | |
|
Class 3 felony STATUTORY |
If offender commits incest with offender’s child or grandchild, and such child or grandchild is at least 13 but under 18. | 5-20 years in prison and/or a maximum fine of $100,000 |
|
Class 5 felony |
If offender commits incest with offender’s child, grandchild, or parent. | 1-10 years in prison and/or a maximum fine of $2,500 |
Virginia law allows adultery and fornication by persons forbidden to marry to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the Virginia Age of Consent, even if the victim willingly engages in sexual relations with the defendant.
Adultery and fornication by persons forbidden to marry is a charge that is unique to Virginia. Crimes that would be prosecuted as adultery and fornication by persons forbidden to marry in Virginia will be prosecuted under a different statute depending on the state in which the crime takes place.