{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-67.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-67.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-67.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-67.10.html"}],"law_id":77985,"edition_id":1,"section_id":77985,"structure_id":13101,"section_number":"18.2-67.10","catch_line":"General definitions","history":"1981, c. 397; 1987, c. 277; 1993, c. 549; 1994, c. 568; 2004, c. 741; 2022, c. 645.","full_text":"As used in this article:\n\n1\n\n“Complaining witness” means the person alleged to have been subjected to rape, forcible sodomy, inanimate or animate object sexual penetration, marital sexual assault, aggravated sexual battery, or sexual battery.2\n\n“Intimate parts” means the genitalia, anus, groin, breast, or buttocks of any person, or the chest of a child under the age of 15.3\n\n“Mental incapacity” means that condition of the complaining witness existing at the time of an offense under this article which prevents the complaining witness from understanding the nature or consequences of the sexual act involved in such offense and about which the accused knew or should have known.4\n\n“Physical helplessness” means unconsciousness or any other condition existing at the time of an offense under this article which otherwise rendered the complaining witness physically unable to communicate an unwillingness to act and about which the accused knew or should have known.5\n\nThe complaining witness’s “prior sexual conduct” means any sexual conduct on the part of the complaining witness which took place before the conclusion of the trial, excluding the conduct involved in the offense alleged under this article.6\n\n“Sexual abuse” means an act committed with the intent to sexually molest, arouse, or gratify any person, where:\n\t\t\ta. The accused intentionally touches the complaining witness’s intimate parts or material directly covering such intimate parts;\n\t\t\tb. The accused forces the complaining witness to touch the accused’s, the witness’s own, or another person’s intimate parts or material directly covering such intimate parts;\n\t\t\tc. If the complaining witness is under the age of 13, the accused causes or assists the complaining witness to touch the accused’s, the witness’s own, or another person’s intimate parts or material directly covering such intimate parts; or\n\t\t\td. The accused forces another person to touch the complaining witness’s intimate parts or material directly covering such intimate parts.","order_by":null,"text":{"0":{"id":279640,"text":"As used in this article:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":279641,"text":"“Complaining witness” means the person alleged to have been subjected to rape, forcible sodomy, inanimate or animate object sexual penetration, marital sexual assault, aggravated sexual battery, or sexual battery.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":279642,"text":"“Intimate parts” means the genitalia, anus, groin, breast, or buttocks of any person, or the chest of a child under the age of 15.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":279643,"text":"“Mental incapacity” means that condition of the complaining witness existing at the time of an offense under this article which prevents the complaining witness from understanding the nature or consequences of the sexual act involved in such offense and about which the accused knew or should have known.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":279644,"text":"“Physical helplessness” means unconsciousness or any other condition existing at the time of an offense under this article which otherwise rendered the complaining witness physically unable to communicate an unwillingness to act and about which the accused knew or should have known.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":279645,"text":"The complaining witness’s “prior sexual conduct” means any sexual conduct on the part of the complaining witness which took place before the conclusion of the trial, excluding the conduct involved in the offense alleged under this article.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":279646,"text":"“Sexual abuse” means an act committed with the intent to sexually molest, arouse, or gratify any person, where:\n\t\t\ta. The accused intentionally touches the complaining witness’s intimate parts or material directly covering such intimate parts;\n\t\t\tb. The accused forces the complaining witness to touch the accused’s, the witness’s own, or another person’s intimate parts or material directly covering such intimate parts;\n\t\t\tc. If the complaining witness is under the age of 13, the accused causes or assists the complaining witness to touch the accused’s, the witness’s own, or another person’s intimate parts or material directly covering such intimate parts; or\n\t\t\td. The accused forces another person to touch the complaining witness’s intimate parts or material directly covering such intimate parts.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5"}},"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; 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penalty","url":"\/18.2-67.2\/","token":"18.2\/4\/7\/18.2-67.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-67.10\/","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 5 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 1987, chapter 277; in 1993, chapter 549; in 1994, chapter 568<\/a>; in 2004, chapter 741<\/a>; in 2022, chapter 645<\/a>.<\/p>","references":[{"id":85077,"section_number":"16.1-272","catch_line":"Power of circuit court over juvenile offender","order_by":null,"url":"\/16.1-272\/"},{"id":80307,"section_number":"18.2-370.1","catch_line":"Taking indecent liberties with child by person in custodial or supervisory relationship; penalties","order_by":null,"url":"\/18.2-370.1\/"},{"id":59217,"section_number":"18.2-59.1","catch_line":"Sexual extortion; penalty","order_by":null,"url":"\/18.2-59.1\/"},{"id":67699,"section_number":"18.2-67.4","catch_line":"Sexual battery","order_by":null,"url":"\/18.2-67.4\/"},{"id":70257,"section_number":"18.2-67.4:2","catch_line":"Sexual abuse of a child under 15 years of age; penalty","order_by":null,"url":"\/18.2-67.4_2\/"},{"id":66486,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","order_by":null,"url":"\/19.2-271.2\/"},{"id":69386,"section_number":"19.2-368.2","catch_line":"Definitions","order_by":null,"url":"\/19.2-368.2\/"},{"id":69157,"section_number":"54.1-2400.1","catch_line":"Mental health service providers; duty to protect third parties; immunity","order_by":null,"url":"\/54.1-2400.1\/"},{"id":68972,"section_number":"55.1-1236","catch_line":"Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking","order_by":null,"url":"\/55.1-1236\/"},{"id":84089,"section_number":"63.2-1605","catch_line":"Protective services for adults by local departments","order_by":null,"url":"\/63.2-1605\/"},{"id":87200,"section_number":"8.01-249","catch_line":"When cause of action shall be deemed to accrue in certain personal actions","order_by":null,"url":"\/8.01-249\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"}],"refers_to":false,"permalink":{"id":165179,"object_type":"law","relational_id":77985,"identifier":"18.2-67.10","token":"18.2\/4\/7\/18.2-67.10","url":"\/18.2-67.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-67.10\/","token":"18.2\/4\/7\/18.2-67.10","dublin_core":{"Title":"General definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-67.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> “Complaining witness<\/span>” means the person alleged to have been subjected to rape<\/span>, forcible sodomy, inanimate or animate object<\/span> sexual penetration, marital sexual assault<\/span>, aggravated sexual battery<\/span>, or sexual battery<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> “Intimate parts<\/span>” means the genitalia, anus, groin, breast, or buttocks of any person, or the chest of a child under the age of 15. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> “Mental incapacity<\/span>” means that condition of the complaining witness<\/span> existing at the time of an offense<\/span> under this article which prevents the complaining witness<\/span> from understanding the nature or consequences of the sexual act involved in such offense<\/span> and about which the accused<\/span> knew or should have known. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> “Physical helplessness<\/span>” means unconsciousness or any other condition existing at the time of an offense<\/span> under this article which otherwise rendered the complaining witness<\/span> physically unable to communicate an unwillingness to act and about which the accused<\/span> knew or should have known. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The complaining witness<\/span>’s “prior sexual conduct<\/span>” means any sexual conduct on the part of the complaining witness<\/span> which took place before the conclusion of the trial<\/span>, excluding the conduct involved in the offense<\/span> alleged under this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> “Sexual abuse<\/span>” means an act committed with the intent<\/span> to sexually molest, arouse, or gratify any person, where:\n\t\t\ta. The accused<\/span> intentionally touches the complaining witness<\/span>’s intimate parts<\/span> or material<\/span> directly covering such intimate parts<\/span>;\n\t\t\tb. The accused<\/span> forces the complaining witness<\/span> to touch the accused<\/span>’s, the witness’s own, or another person’s intimate parts<\/span> or material<\/span> directly covering such intimate parts<\/span>;\n\t\t\tc. If the complaining witness<\/span> is under the age of 13, the accused<\/span> causes or assists the complaining witness<\/span> to touch the accused<\/span>’s, the witness’s own, or another person’s intimate parts<\/span> or material<\/span> directly covering such intimate parts<\/span>; or\n\t\t\td. The accused<\/span> forces another person to touch the complaining witness<\/span>’s intimate parts<\/span> or material<\/span> directly covering such intimate parts<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGENERAL DEFINITIONS (\u00a7 18.2-67.10)\n\nAs used in this article:\n\n1. “Complaining witness” means the person alleged to have been\nsubjected to rape, forcible sodomy, inanimate or animate object sexual\npenetration, marital sexual assault, aggravated sexual battery, or sexual\nbattery.\n\n2. “Intimate parts” means the genitalia, anus, groin, breast, or\nbuttocks of any person, or the chest of a child under the age of 15.\n\n3. “Mental incapacity” means that condition of the complaining\nwitness existing at the time of an offense under this article which prevents the\ncomplaining witness from understanding the nature or consequences of the sexual\nact involved in such offense and about which the accused knew or should have\nknown.\n\n4. “Physical helplessness” means unconsciousness or any other\ncondition existing at the time of an offense under this article which otherwise\nrendered the complaining witness physically unable to communicate an\nunwillingness to act and about which the accused knew or should have known.\n\n5. The complaining witness’s “prior sexual conduct” means any\nsexual conduct on the part of the complaining witness which took place before\nthe conclusion of the trial, excluding the conduct involved in the offense\nalleged under this article.\n\n6. “Sexual abuse” means an act committed with the intent to sexually\nmolest, arouse, or gratify any person, where:\n\t\t\ta. The accused intentionally touches the complaining witness’s intimate\nparts or material directly covering such intimate parts;\n\t\t\tb. The accused forces the complaining witness to touch the accused’s,\nthe witness’s own, or another person’s intimate parts or material\ndirectly covering such intimate parts;\n\t\t\tc. If the complaining witness is under the age of 13, the accused causes or\nassists the complaining witness to touch the accused’s, the\nwitness’s own, or another person’s intimate parts or material\ndirectly covering such intimate parts; or\n\t\t\td. The accused forces another person to touch the complaining witness’s\nintimate parts or material directly covering such intimate parts.\n\nHISTORY: 1981, c. 397; 1987, c. 277; 1993, c. 549; 1994, c. 568; 2004, c. 741;\n2022, c. 645.","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}}