{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-67.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-67.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-67.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-67.1.html"}],"law_id":73623,"edition_id":1,"section_id":73623,"structure_id":13101,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","history":"1981, c. 397; 1986, c. 516; 1994, cc. 772, 794; 1999, c. 367; 2005, c. 631; 2006, cc. 853, 914; 2012, cc. 575, 605; 2013, cc. 761, 774.","full_text":"A\n\nAn accused shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anilingus, or anal intercourse with a complaining witness whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person, and1\n\nThe complaining witness is less than 13 years of age; or2\n\nThe act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness’s mental incapacity or physical helplessness.B\n\nForcible sodomy is a felony punishable by confinement in a state correctional facility for life or for any term not less than five years; and in addition:1\n\nFor a violation of subdivision A 1, where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) § 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years; or2\n\nFor a violation of subdivision A 1 where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life.\n\t\t\t\tThe mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence. If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life, subject to revocation by the court.\n\t\t\t\tIn any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant’s completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.C\n\nUpon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under § 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.","order_by":null,"text":{"0":{"id":264787,"text":"An accused shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anilingus, or anal intercourse with a complaining witness whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person, and","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":264788,"text":"The complaining witness is less than 13 years of age; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":264789,"text":"The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness’s mental incapacity or physical helplessness.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":264790,"text":"Forcible sodomy is a felony punishable by confinement in a state correctional facility for life or for any term not less than five years; and in addition:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":264791,"text":"For a violation of subdivision A 1, where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) § 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":264792,"text":"For a violation of subdivision A 1 where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life.\n\t\t\t\tThe mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence. If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life, subject to revocation by the court.\n\t\t\t\tIn any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant’s completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":264793,"text":"Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under § 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2"}},"ancestry":[{"id":13101,"edition_id":1,"name":"Criminal Sexual Assault","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":165125,"object_type":"structure","relational_id":13101,"identifier":"7","token":"18.2\/4\/7","url":"\/18.2\/4\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75662,"structure_id":13101,"section_number":"18.2-61","catch_line":"Rape","url":"\/18.2-61\/","token":"18.2\/4\/7\/18.2-61","metadata":false},{"id":78807,"structure_id":13101,"section_number":"18.2-61.1","catch_line":"Testing of certain persons for sexually transmitted infections","url":"\/18.2-61.1\/","token":"18.2\/4\/7\/18.2-61.1","metadata":false},{"id":67245,"structure_id":13101,"section_number":"18.2-62","catch_line":"Repealed","url":"\/18.2-62\/","token":"18.2\/4\/7\/18.2-62","metadata":false},{"id":76651,"structure_id":13101,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","url":"\/18.2-63\/","token":"18.2\/4\/7\/18.2-63","metadata":false},{"id":54142,"structure_id":13101,"section_number":"18.2-63.1","catch_line":"Death of victim","url":"\/18.2-63.1\/","token":"18.2\/4\/7\/18.2-63.1","metadata":false},{"id":61006,"structure_id":13101,"section_number":"18.2-64","catch_line":"Repealed","url":"\/18.2-64\/","token":"18.2\/4\/7\/18.2-64","metadata":false},{"id":67558,"structure_id":13101,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","url":"\/18.2-64.1\/","token":"18.2\/4\/7\/18.2-64.1","metadata":false},{"id":77968,"structure_id":13101,"section_number":"18.2-64.2","catch_line":"Carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, pretrial defendant or posttrial offender, or confidential informant; penalty","url":"\/18.2-64.2\/","token":"18.2\/4\/7\/18.2-64.2","metadata":false},{"id":75020,"structure_id":13101,"section_number":"18.2-65","catch_line":"Repealed","url":"\/18.2-65\/","token":"18.2\/4\/7\/18.2-65","metadata":false},{"id":86699,"structure_id":13101,"section_number":"18.2-66","catch_line":"Repealed","url":"\/18.2-66\/","token":"18.2\/4\/7\/18.2-66","metadata":false},{"id":76985,"structure_id":13101,"section_number":"18.2-67","catch_line":"Depositions of complaining witnesses in cases of criminal sexual assault and attempted criminal sexual assault","url":"\/18.2-67\/","token":"18.2\/4\/7\/18.2-67","metadata":false},{"id":61201,"structure_id":13101,"section_number":"18.2-67.01","catch_line":"Not in effect","url":"\/18.2-67.01\/","token":"18.2\/4\/7\/18.2-67.01","metadata":false},{"id":73623,"structure_id":13101,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","url":"\/18.2-67.1\/","token":"18.2\/4\/7\/18.2-67.1","metadata":false},{"id":77985,"structure_id":13101,"section_number":"18.2-67.10","catch_line":"General definitions","url":"\/18.2-67.10\/","token":"18.2\/4\/7\/18.2-67.10","metadata":false},{"id":73072,"structure_id":13101,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","url":"\/18.2-67.2\/","token":"18.2\/4\/7\/18.2-67.2","metadata":false},{"id":83215,"structure_id":13101,"section_number":"18.2-67.2:1","catch_line":"Repealed","url":"\/18.2-67.2_1\/","token":"18.2\/4\/7\/18.2-67.2_1","metadata":false},{"id":85126,"structure_id":13101,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","url":"\/18.2-67.3\/","token":"18.2\/4\/7\/18.2-67.3","metadata":false},{"id":67699,"structure_id":13101,"section_number":"18.2-67.4","catch_line":"Sexual battery","url":"\/18.2-67.4\/","token":"18.2\/4\/7\/18.2-67.4","metadata":false},{"id":64369,"structure_id":13101,"section_number":"18.2-67.4:1","catch_line":"Infected sexual battery; penalty","url":"\/18.2-67.4_1\/","token":"18.2\/4\/7\/18.2-67.4_1","metadata":false},{"id":70257,"structure_id":13101,"section_number":"18.2-67.4:2","catch_line":"Sexual abuse of a child under 15 years of age; penalty","url":"\/18.2-67.4_2\/","token":"18.2\/4\/7\/18.2-67.4_2","metadata":false},{"id":57731,"structure_id":13101,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","url":"\/18.2-67.5\/","token":"18.2\/4\/7\/18.2-67.5","metadata":false},{"id":73718,"structure_id":13101,"section_number":"18.2-67.5:1","catch_line":"Punishment upon conviction of third misdemeanor offense","url":"\/18.2-67.5_1\/","token":"18.2\/4\/7\/18.2-67.5_1","metadata":false},{"id":54441,"structure_id":13101,"section_number":"18.2-67.5:2","catch_line":"Punishment upon conviction of certain subsequent felony sexual assault","url":"\/18.2-67.5_2\/","token":"18.2\/4\/7\/18.2-67.5_2","metadata":false},{"id":68571,"structure_id":13101,"section_number":"18.2-67.5:3","catch_line":"Punishment upon conviction of certain subsequent violent felony sexual assault","url":"\/18.2-67.5_3\/","token":"18.2\/4\/7\/18.2-67.5_3","metadata":false},{"id":86022,"structure_id":13101,"section_number":"18.2-67.6","catch_line":"Proof of physical resistance not required","url":"\/18.2-67.6\/","token":"18.2\/4\/7\/18.2-67.6","metadata":false},{"id":78575,"structure_id":13101,"section_number":"18.2-67.7","catch_line":"Admission of evidence (Supreme Court Rule 2:412 derived from this section)","url":"\/18.2-67.7\/","token":"18.2\/4\/7\/18.2-67.7","metadata":false},{"id":71168,"structure_id":13101,"section_number":"18.2-67.7:1","catch_line":"Evidence of similar crimes in child sexual offense cases (Supreme Court Rule 2:413 derived from this section)","url":"\/18.2-67.7_1\/","token":"18.2\/4\/7\/18.2-67.7_1","metadata":false},{"id":71989,"structure_id":13101,"section_number":"18.2-67.8","catch_line":"Closed preliminary hearings","url":"\/18.2-67.8\/","token":"18.2\/4\/7\/18.2-67.8","metadata":false},{"id":83206,"structure_id":13101,"section_number":"18.2-67.9","catch_line":"Testimony by child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology","url":"\/18.2-67.9\/","token":"18.2\/4\/7\/18.2-67.9","metadata":false},{"id":57944,"structure_id":13101,"section_number":"18.2-67.9:1","catch_line":"Use of a certified facility dog for testimony in a criminal proceeding","url":"\/18.2-67.9_1\/","token":"18.2\/4\/7\/18.2-67.9_1","metadata":false}],"previous_section":{"id":61201,"structure_id":13101,"section_number":"18.2-67.01","catch_line":"Not in effect","url":"\/18.2-67.01\/","token":"18.2\/4\/7\/18.2-67.01","metadata":false},"next_section":{"id":77985,"structure_id":13101,"section_number":"18.2-67.10","catch_line":"General definitions","url":"\/18.2-67.10\/","token":"18.2\/4\/7\/18.2-67.10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-67.1\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 397 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 516; in 1994, chapters 772<\/a> and 794<\/a>; in 1999, chapter 367<\/a>; in 2005, chapter 631<\/a>; in 2006, chapters 853<\/a> and 914<\/a>; in 2012, chapters 575<\/a> and 605<\/a>; in 2013, chapters 761<\/a> and 774<\/a>.<\/p>","references":[{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":85077,"section_number":"16.1-272","catch_line":"Power of circuit court over juvenile offender","order_by":null,"url":"\/16.1-272\/"},{"id":61643,"section_number":"17.1-275.1","catch_line":"Fixed felony fee","order_by":null,"url":"\/17.1-275.1\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":86551,"section_number":"18.2-370.2","catch_line":"Sex offenses prohibiting proximity to children; penalty","order_by":null,"url":"\/18.2-370.2\/"},{"id":83105,"section_number":"18.2-370.3","catch_line":"Sex offenses prohibiting residing in proximity to children; penalty","order_by":null,"url":"\/18.2-370.3\/"},{"id":56106,"section_number":"18.2-370.4","catch_line":"Sex offenses prohibiting working on school property; penalty","order_by":null,"url":"\/18.2-370.4\/"},{"id":77889,"section_number":"18.2-50.3","catch_line":"Enticing, etc., another into a dwelling house with intent to commit certain felonies; penalty","order_by":null,"url":"\/18.2-50.3\/"},{"id":68571,"section_number":"18.2-67.5:3","catch_line":"Punishment upon conviction of certain subsequent violent felony sexual assault","order_by":null,"url":"\/18.2-67.5_3\/"},{"id":81843,"section_number":"19.2-218.1","catch_line":"Preliminary hearings involving certain sexual crimes against spouses","order_by":null,"url":"\/19.2-218.1\/"},{"id":69131,"section_number":"19.2-218.2","catch_line":"Hearing before juvenile and domestic relations district court required for persons accused of certain violations against their spouses","order_by":null,"url":"\/19.2-218.2\/"},{"id":64807,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","order_by":null,"url":"\/19.2-268.3\/"},{"id":75041,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","order_by":null,"url":"\/19.2-299\/"},{"id":63915,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","order_by":null,"url":"\/19.2-303\/"},{"id":63262,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","order_by":null,"url":"\/19.2-303.4\/"},{"id":61790,"section_number":"19.2-311","catch_line":"Indeterminate commitment to Department of Corrections in certain cases; duration and character of commitment; concurrence by Department","order_by":null,"url":"\/19.2-311\/"},{"id":65965,"section_number":"19.2-335","catch_line":"Judge of district court to certify to clerk of circuit court costs of proceedings in criminal cases before him","order_by":null,"url":"\/19.2-335\/"},{"id":77943,"section_number":"19.2-336","catch_line":"Clerk to make up statement of whole cost, and issue execution therefor","order_by":null,"url":"\/19.2-336\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":63732,"section_number":"2.2-515.2","catch_line":"Address confidentiality program established; victims of domestic violence, stalking, child abduction, sexual violence, or human trafficking; application; disclosure of records","order_by":null,"url":"\/2.2-515.2\/"},{"id":60670,"section_number":"22.1-289.041","catch_line":"Sex offender or child abuser prohibited from operating or residing in family day home; penalty","order_by":null,"url":"\/22.1-289.041\/"},{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":68891,"section_number":"40.1-28.01","catch_line":"Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment","order_by":null,"url":"\/40.1-28.01\/"},{"id":77539,"section_number":"53.1-165.1","catch_line":"Limitation on the application of parole statutes","order_by":null,"url":"\/53.1-165.1\/"},{"id":59659,"section_number":"63.2-1530","catch_line":"Virginia Child Protection Accountability System","order_by":null,"url":"\/63.2-1530\/"},{"id":67062,"section_number":"65.2-301","catch_line":"Victims of sexual assault","order_by":null,"url":"\/65.2-301\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"},{"id":69509,"section_number":"9.1-923","catch_line":"Supplement to the Sex Offender and Crimes Against Minors Registry established","order_by":null,"url":"\/9.1-923\/"}],"refers_to":[{"id":60862,"section_number":"18.2-47","catch_line":"Abduction and kidnapping defined; forced labor; punishment","order_by":null,"url":"\/18.2-47\/"},{"id":59389,"section_number":"18.2-48","catch_line":"Abduction with intent to extort money or for immoral purpose","order_by":null,"url":"\/18.2-48\/"},{"id":68812,"section_number":"18.2-51.2","catch_line":"Aggravated malicious wounding; penalty","order_by":null,"url":"\/18.2-51.2\/"},{"id":67235,"section_number":"18.2-89","catch_line":"Burglary; how punished","order_by":null,"url":"\/18.2-89\/"},{"id":60995,"section_number":"18.2-90","catch_line":"Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty","order_by":null,"url":"\/18.2-90\/"},{"id":55574,"section_number":"18.2-91","catch_line":"Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony","order_by":null,"url":"\/18.2-91\/"},{"id":81843,"section_number":"19.2-218.1","catch_line":"Preliminary hearings involving certain sexual crimes against spouses","order_by":null,"url":"\/19.2-218.1\/"}],"permalink":{"id":165175,"object_type":"law","relational_id":73623,"identifier":"18.2-67.1","token":"18.2\/4\/7\/18.2-67.1","url":"\/18.2-67.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-67.1\/","token":"18.2\/4\/7\/18.2-67.1","dublin_core":{"Title":"Forcible sodomy","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-67.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An accused<\/span> shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anilingus, or anal intercourse with a complaining witness<\/span> whether or not his or her spouse, or causes a complaining witness<\/span>, whether or not his or her spouse, to engage in such acts with any other person, and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The complaining witness<\/span> is less than 13 years of age; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The act is accomplished against the will of the complaining witness<\/span>, by force, threat or intimidation of or against the complaining witness<\/span> or another person, or through the use of the complaining witness<\/span>’s mental incapacity<\/span> or physical helplessness<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Forcible sodomy is a felony<\/span> punishable by confinement in a state correctional facility for life or for any term not less than five years; and in addition: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For a violation of subdivision A 1, where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47<\/a> or § 18.2-48<\/a>, (ii) § 18.2-89<\/a>, 18.2-90<\/a>, or 18.2-91<\/a>, or (iii) § 18.2-51.2<\/a>, the punishment shall include a mandatory minimum term of confinement of 25 years; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For a violation of subdivision A 1 where it is alleged in the indictment<\/span> that the offender was 18 years of age or older at the time of the offense<\/span>, the punishment shall include a mandatory minimum term of confinement for life.\n\t\t\t\tThe mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence. If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge<\/span> shall impose, in addition to any active sentence, a suspended sentence<\/span> of no less than 40 years. This suspended sentence<\/span> shall be suspended for the remainder of the defendant<\/span>’s life, subject to revocation<\/span> by the court<\/span>.\n\t\t\t\tIn any case deemed appropriate by the court<\/span>, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant<\/span>’s completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1<\/a> if, after consideration of the views of the complaining witness<\/span> and such other evidence<\/span> as may be relevant, the court<\/span> finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon a finding<\/span> of guilt under this section, when a spouse is the complaining witness<\/span> in any case tried by the court<\/span> without a jury<\/span>, the court<\/span>, without entering a judgment<\/span> of guilt, upon motion<\/span> of the defendant<\/span> who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness<\/span> and the attorney for the Commonwealth, may defer further proceedings and place the defendant<\/span> on probation<\/span> pending completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1<\/a>. If the defendant<\/span> fails to so complete such counseling or therapy, the court<\/span> may make final disposition<\/span> of the case and proceed as otherwise provided. If such counseling is completed as prescribed under § 19.2-218.1<\/a>, the court<\/span> may discharge the defendant<\/span> and dismiss the proceedings against him if, after consideration of the views of the complaining witness<\/span> and such other evidence<\/span> as may be relevant, the court<\/span> finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFORCIBLE SODOMY (\u00a7 18.2-67.1)\n\nA. An accused shall be guilty of forcible sodomy if he or she engages in\ncunnilingus, fellatio, anilingus, or anal intercourse with a complaining witness\nwhether or not his or her spouse, or causes a complaining witness, whether or\nnot his or her spouse, to engage in such acts with any other person, and\n\n 1. The complaining witness is less than 13 years of age; or\n\n 2. The act is accomplished against the will of the complaining witness, by\n force, threat or intimidation of or against the complaining witness or another\n person, or through the use of the complaining witness’s mental\n incapacity or physical helplessness.\n\nB. Forcible sodomy is a felony punishable by confinement in a state correctional\nfacility for life or for any term not less than five years; and in addition:\n\n 1. For a violation of subdivision A 1, where the offender is more than three\n years older than the victim, if done in the commission of, or as part of the\n same course of conduct as, or as part of a common scheme or plan as a\n violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) §\n 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2, the punishment shall\n include a mandatory minimum term of confinement of 25 years; or\n\n 2. For a violation of subdivision A 1 where it is alleged in the indictment\n that the offender was 18 years of age or older at the time of the offense, the\n punishment shall include a mandatory minimum term of confinement for life.\n \t\t\t\tThe mandatory minimum terms of confinement prescribed for violations of\n this section shall be served consecutively with any other sentence. If the\n term of confinement imposed for any violation of subdivision A 1, where the\n offender is more than three years older than the victim, is for a term less\n than life imprisonment, the judge shall impose, in addition to any active\n sentence, a suspended sentence of no less than 40 years. This suspended\n sentence shall be suspended for the remainder of the defendant’s life,\n subject to revocation by the court.\n \t\t\t\tIn any case deemed appropriate by the court, all or part of any sentence\n imposed for a violation under this section against a spouse may be suspended\n upon the defendant’s completion of counseling or therapy, if not already\n provided, in the manner prescribed under § 19.2-218.1 if, after\n consideration of the views of the complaining witness and such other evidence\n as may be relevant, the court finds such action will promote maintenance of\n the family unit and will be in the best interest of the complaining witness.\n\nC. Upon a finding of guilt under this section, when a spouse is the complaining\nwitness in any case tried by the court without a jury, the court, without\nentering a judgment of guilt, upon motion of the defendant who has not\npreviously had a proceeding against him for violation of this section dismissed\npursuant to this subsection and with the consent of the complaining witness and\nthe attorney for the Commonwealth, may defer further proceedings and place the\ndefendant on probation pending completion of counseling or therapy, if not\nalready provided, in the manner prescribed under § 19.2-218.1. If the\ndefendant fails to so complete such counseling or therapy, the court may make\nfinal disposition of the case and proceed as otherwise provided. If such\ncounseling is completed as prescribed under § 19.2-218.1, the court may\ndischarge the defendant and dismiss the proceedings against him if, after\nconsideration of the views of the complaining witness and such other evidence as\nmay be relevant, the court finds such action will promote maintenance of the\nfamily unit and be in the best interest of the complaining witness.\n\nHISTORY: 1981, c. 397; 1986, c. 516; 1994, cc. 772, 794; 1999, c. 367; 2005, c.\n631; 2006, cc. 853, 914; 2012, cc. 575, 605; 2013, cc. 761, 774.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}