Aggravated sexual battery - Virginia Sexual Assault Laws
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In Virginia, the criminal charge of Aggravated sexual battery is classified as a Statutory Felony.
Aggravated sexual battery Crime & Punishment in Virginia :
The Virginia code § 18.2-67.3 defines one degrees of the crime aggravated sexual battery, 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 |
Aggravated sexual battery - Charge Description |
Punishment |
Felony
STATUTORY
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- An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and the act is accomplished against the will of the complaining witness by force, threat or intimidation, and the accused uses or threatens to use a dangerous weapon.
- An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and the act is accomplished against the will of the complaining witness by force, threat or intimidation, and he accused causes serious bodily or mental injury to the complaining witness.
- An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and the act is accomplished against the will of the complaining witness by force, threat or intimidation, and he complaining witness is at least 13 but less than 15 years of age.
- An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and he offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age.
- An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and the act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness.
- An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and the complaining witness is less than 13 years of age.
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1-20 years in prison, and/or a maximum fine of $100,000
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Virginia law allows aggravated sexual battery 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.
Aggravated sexual battery defined in other states :
Aggravated sexual battery is a charge in a total of three other state(s). The exact definition, charge type, and potential sentencing of this charge varying state to state. For further details please refer to the state page.
State | Charge Type(s) | Punishment(s) |
Georgia | Felony | Life in prison or a split sentence of 25- life, followed by probation for life; Minimum of 25 years |
Kansas | Severity 5, person felony | 32 months in prison |
Tennessee | Class B felony | Maximum of 30 years in prison and a maximum fine $25,000 |
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