Virginia Sex Crimes Punishments

Punishments for Sex Crimes in Virginia

Following is a non-exhaustive list of the most commonly charged sex crimes in Virginia, along with descriptions of the penalties for each:

Sexual Battery (Virginia Code § 18.2-67.4)

Class 1 Misdemeanor, up to 12 months in jail and/or a fine of up to $2,500.
A third conviction for Sexual Battery within 10 years (Virginia Code § 18.2-67.5:1) is a Class 6 Felony punishable by imprisonment for 1 – 5 years or confinement in jail for up to 12 months, and/or a fine of up to $2,500.

Aggravated Sexual Battery (Virginia Code § 18.2-67.3)

Imprisonment for 1 – 20 years and a fine of not more than $100,000.

Rape (Virginia Code § 18.2-61)

Imprisonment for 5 years to life.
Possible mandatory minimum of 25 years depending on the alleged conduct of the defendant.
Can include a suspended sentence of no less than 40 years depending on the nature of the charge.

Carnal Knowledge of a Child Age 13 – 15 (Virginia Code § 18.2-63)

The punishment for this crime depends upon the age of the alleged victim.
If the alleged victim is 13 or 14, then conviction under this section is for a Class 4 Felony, punishable by imprisonment for 2 – 10 years and a fine of up to $100,000.
If the alleged victim is 13 or 14 years old, the defendant is a minor, and the alleged victim is 3 or more years younger than the defendant, then conviction under this section is for a Class 6 Felony punishable by 1 – 5 years imprisonment, or jail for up to 12 months and/or a fine of up to $2,500.
Carnal knowledge includes sexual intercourse and various other sexual acts.

Forcible Sodomy (Virginia Code § 18.2-67.1)

Imprisonment for 5 years to life.
Possible mandatory minimum of 25 years depending on the conduct alleged.
Possible mandatory suspended sentence of no less than 40 years depending on the conduct alleged.

Object Sexual Penetration (Virginia Code § 18.2-67.2)

Imprisonment for 5 years to life.
Possible mandatory minimum of 25 years depending on the conduct alleged.
Possible mandatory suspended sentence of no less than 40 years depending on the conduct alleged.

Attempted Sex Crimes (Virginia Code § 18.2-67.5)

Attempted Rape, Forcible Sodomy or Inanimate or Animate Object Sexual Penetration is a Class 4 Felony punishable by imprisonment for 2 – 10 years and a fine of up to $100,000.
Attempted Aggravated Sex Battery is a Class 6 Felony punishable by imprisonment for 1 – 5 years or jail for up to 12 months and a fine of up to $2,500, either or both.
Attempted Sex Battery is a Class 1 Misdemeanor punishable by confinement in jail for up to 12 months and fine of up to $1,200.00, either or both.

Sexual Abuse of a Child (Age 13 or 14) (Virginia Code § 18.2-67.4:2)

Class 1 Misdemeanor, up to 12 months in jail and/or a fine of up to $1,200.

Subsequent Convictions

If you are a defendant charged with a second or subsequent conviction for a felony sex offense, you should be aware that upon a conviction, you will be sentenced to the maximum term authorized by statute and will not be eligible to have any of the time suspended. Also, a subsequent conviction of a violent felony sex crime such as Rape will result in a sentence of life imprisonment with no eligibility for suspended time.

Our Sex Crimes Lawyers

Livesay & Myers has a team of criminal lawyers across offices in Fairfax, Manassas and Fredericksburg, defending clients on sex crimes charges throughout Northern Virginia. Contact us to schedule a free consultation today.