Punishment upon conviction of third misdemeanor offense - Virginia Sexual Assault Laws

In Virginia, the criminal charge of Punishment upon conviction of third misdemeanor offense is classified as a Class 6 felony.

Punishment upon conviction of third misdemeanor offense Crime & Punishment in Virginia :

The Virginia code § 18.2-67.5:1 defines one degrees of the crime punishment upon conviction of third misdemeanor offense, 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 Punishment upon conviction of third misdemeanor offense - Charge Description Punishment
Class 6 felony
When a person is convicted of sexual battery (§ 18.2-67.4), attempted sexual battery (§ 18.2-67.5(c)), consensual intercourse with a child (§ 18.2-371) and the person has been convicted within the 10-year period immediately preceding the offense charged of two or more of the offenses specified, each such offense occurring on a different date, he shall be guilty of a Class 6 felony. A maximum of 5 years in prison, and/or a maximum fine of $2,500

Punishment upon conviction of third misdemeanor offense is a charge that is unique to Virginia. Crimes that would be prosecuted as punishment upon conviction of third misdemeanor offense in Virginia will be prosecuted under a different statute depending on the state in which the crime takes place.


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Source: http://www.ageofconsent.net/laws/virginia/punishment-upon-conviction-of-third-misdemeanor-offense