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§ 18.2-361 Crimes against nature; penalty

A. If any person carnally knows in any manner any brute animal or voluntarily submits to such carnal knowledge, he is guilty of a Class 6 felony.

B. Any person who performs or causes to be performed cunnilingus, fellatio, anilingus, or anal intercourse upon or by his daughter or granddaughter, son or grandson, brother or sister, or father or mother is guilty of a Class 5 felony. However, if a parent or grandparent commits any such act with his child or grandchild and such child or grandchild is at least 13 but less than 18 years of age at the time of the offense, such parent or grandparent is guilty of a Class 3 felony.

C. For the purposes of this section, parent includes step-parent, grandparent includes step-grandparent, child includes step-child, and grandchild includes step-grandchild.

History

The record of this law’s original creation isn’t available online. It has been modified 8 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1968, chapter 427; in 1975, chapters 14 and 15; in 1977, chapter 285; in 1981, chapter 397; in 1993, chapter 450; in 2005, chapter 185; in 2014, chapter 794.

Code 1950, § 18.1-212; 1960, c. 358; 1968, c. 427; 1975, cc. 14, 15; 1977, c. 285; 1981, c. 397; 1993, c. 450; 2005, c. 185; 2014, c. 794.

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This is a law from the Code of Virginia. This is the actual, unchanged text of one of the many laws that govern Virginia.

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Court Decisions

Ashley Elizabeth Esposito v. Virginia State Police (COA, 01/11/22)
. . . COURT OF APPEALS OF VIRGINIA . . .
Arthur Anderson Warren v. Commonwealth of Virginia (COA, 01/15/19)
. . . COURT OF APPEALS OF VIRGINIA . . .
Adam Toghill v. Harold Clarke (Court of Appeals for the Fourth Circuit, 12/15/17)
. . . Affirmed by published opinion. Judge Traxler wrote the opinion in which Judge Wilkinson and Judge . . .
Toghill v. Commonwealth (SCV, 02/26/15)
. . . PRESENT: Lemons, C.J., Goodwyn, Millette, Mims, and . . .
W. Roy Tuthill v. Commonwealth of Virginia (COA, 10/04/22)
. . . COURT OF APPEALS OF VIRGINIA . . .
United States v. Terry White (Court of Appeals for the Fourth Circuit, 01/27/22)
. . . PUBLISHED . . .
Ronald Thomas Waller v. Commonwealth of Virginia (COA, 10/22/19)
. . . VIRGINIA: . . .
Michael Jonthan Garland Saunders v. Commonwealth of Virginia (COA, 02/04/14)
. . . HUFF, Judge. . . .
Tjan v. Commonwealth (COA, 11/08/05)
. . . 621 S.E.2d 669 (2005) . . .
Linnon v. Clarke (District Court, E.D. Virginia, 01/30/17)
. . . MEMORANDUM OPINION . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

SB1409: Sex offender registry; if person 18 must register if convicted of consensual sex with 15 year old. (failed)
SB14: Sodomy; crimes against nature, clarifies provisions of clause, penalty. (passed)
HB1714: Assault and battery; serious bodily injury; penalty. (failed)
HB2010: Children; admissibility of statements in certain cases. (failed)
HB2088: Va. Forensic Nursing Advisory Council; established. (passed)
HB2117: Experiencing or reporting an overdose or act of sexual violence; arrest and prosecution. (passed)
HB2224: Sex Offender and Crimes Against Minors Registry; offenses requiring registration, etc. (failed)
HB2301: Crimes against nature; taking indecent liberties with children, penalties. (failed)
HB2310: Use of communications system to expose sexual or genital parts to a child; penalty. (passed)
HB2456: Discretionary sentencing guideline midpoints; violent felony offenses. (failed)
HB2485: Cannabis control; establishes framework for creating retail market, penalties. (failed)
HB2491: Assault and battery; serious bodily injury, penalty. (failed)
HB2527: Sex offenses prohibiting proximity to children; state parks, penalty. (failed)
HB2556: Address Confidentiality Program; removal of Program participant, penalty. (failed)
HB2694: Criminal sexual assault against a minor; capital murder, death penalty, etc. (failed)
HB2763: Prostitution; increases penalties for a third or subsequent offense of solicitation from an adult. (failed)
SB970: Cannabis control; establishes framework for creating retail market, penalties. (failed)
SB1041: Va. Forensic Nursing Advisory Council; established. (passed)
SB1092: Address Confidentiality Program; removal of Program participant, penalty.
SB1108: Sex offenses prohibiting proximity to children; state parks, penalty.
HB244: Robbery; conforms certain provisions of Code to degrees of robbery offenses.
HB250: Sex offenses prohibiting proximity to children; Park Authorities Act, penalty. (passed)
HB251: Assault and battery; creates Class 6 felony for serious bodily injury. (failed)
HB258: Early childhood care and education; updates terminology. (passed)
HB266: Child abuse and neglect; creates centralized intake and validity determination.
HB559: Driver training school and driver training instructors; standards, discipline, report. (passed)
HB642: Cannabis control; establishes framework for creation of retail marijuana market, penalties, report. (failed)
HB863: Offenses, certain; elimination of mandatory minimum sentences. (failed)
HB1027: Children; use of communication systems to facilitate certain offenses, exception. (failed)
HB1432: Marijuana or marijuana products; underage possession, consequences, procedures.
HB1490: Child abuse or neglect; establishes centralized hotline for reports or complaints, report. (passed)
SB55: Sex offenses; prohibiting proximity to children on premises of state parks, penalty. (passed)
SB399: Driver training school and driver training instructors; standards, discipline, report. (passed)
SB542: Cannabis control; establishes framework for creation of retail marijuana market, penalties, report.
SB640: Child abuse or neglect; centralized hotline for reports or complaints, etc. (passed)
SB671: Cannabis control; retail market; penalties.
SB826: Marijuana; creates framework for retail sales.

Cross References

§ 16.1-272: Power of circuit court over juvenile offender
§ 17.1-275.13: Additional fee for offenses related to sex trafficking
§ 17.1-805: Adoption of initial discretionary sentencing guideline midpoints
§ 18.2-251.03: Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence
§ 18.2-346: Prostitution; commercial sexual conduct; penalties
§ 18.2-346.1: Testing of convicted prostitutes and injection drug users for sexually transmitted infection
§ 18.2-348: Aiding prostitution or illicit sexual intercourse, etc.; penalty
§ 18.2-356: Receiving money for procuring person; penalties
§ 18.2-359: Venue for criminal sexual assault or where any person transported for criminal sexual assault, attempted criminal sexual assault, or purposes of unlawful sexual intercourse, crimes against nature, and indecent liberties with children; venue for such crimes when coupled with a violent felony
§ 18.2-360: Competency of persons to testify in prosecutions under §§ 18.2-355 through 18.2-361
§ 18.2-370: Taking indecent liberties with children; penalties
§ 18.2-370.1: Taking indecent liberties with child by person in custodial or supervisory relationship; penalties
§ 18.2-370.2: Sex offenses prohibiting proximity to children; penalty
§ 18.2-374.3: Use of communications systems to facilitate certain offenses involving children; penalties
§ 18.2-61.1: Testing of certain persons for sexually transmitted infections
§ 18.2-67.5:2: Punishment upon conviction of certain subsequent felony sexual assault
§ 18.2-67.8: Closed preliminary hearings
§ 19.2-11.5: Definitions
§ 19.2-268.2: Recent complaint hearsay exception (Subdivision (23) of Supreme Court Rule 2:803 derived from this section)
§ 19.2-268.3: Admissibility of statements by children in certain cases
§ 19.2-271.2: Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)
§ 19.2-299: Investigations and reports by probation officers in certain cases
§ 19.2-392.02: National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled
§ 22.1-289.041: Sex offender or child abuser prohibited from operating or residing in family day home; penalty
§ 32.1-58: Persons convicted of certain crimes to be examined, tested and treated
§ 63.2-1530: Virginia Child Protection Accountability System
§ 9.1-902: Offenses requiring registration
§ 9.1-923: Supplement to the Sex Offender and Crimes Against Minors Registry established