{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-67.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-67.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-67.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-67.3.html"}],"law_id":85126,"edition_id":1,"section_id":85126,"structure_id":13101,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","history":"1981, c. 397; 1993, c. 590; 2004, c. 843; 2005, cc. 185, 406; 2020, c. 1003.","full_text":"A\n\nAn accused is guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and1\n\nThe complaining witness is less than 13 years of age; or2\n\nThe act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness; or3\n\nThe offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age; or4\n\nThe act is accomplished against the will of the complaining witness by force, threat or intimidation, and\n\t\t\t\ta. The complaining witness is at least 13 but less than 15 years of age; or\n\t\t\t\tb. The accused causes serious bodily or mental injury to the complaining witness; or\n\t\t\t\tc. The accused uses or threatens to use a dangerous weapon; or5\n\nThe offense is not a recognized form of treatment in the profession, and is committed, without the express consent of the patient, by (i) a massage therapist, or a person purporting to be a massage therapist, during an actual or purported practice of massage therapy, as those terms are defined in § 54.1-3000; (ii) a person practicing or purporting to practice the healing arts, during an actual or purported practice of the healing arts, as those terms are defined in §§ 54.1-2900 and 54.1-2903; or (iii) a physical therapist, or a person purporting to be a physical therapist, during an actual or purported practice of physical therapy, as those terms are defined in § 54.1-3473.B\n\nAggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.","order_by":null,"text":{"0":{"id":305055,"text":"An accused is guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":305056,"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":305057,"text":"The act is accomplished through the use of the complaining witness’s mental incapacity or physical helplessness; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":305058,"text":"The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":305059,"text":"The act is accomplished against the will of the complaining witness by force, threat or intimidation, and\n\t\t\t\ta. The complaining witness is at least 13 but less than 15 years of age; or\n\t\t\t\tb. The accused causes serious bodily or mental injury to the complaining witness; or\n\t\t\t\tc. The accused uses or threatens to use a dangerous weapon; or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":305060,"text":"The offense is not a recognized form of treatment in the profession, and is committed, without the express consent of the patient, by (i) a massage therapist, or a person purporting to be a massage therapist, during an actual or purported practice of massage therapy, as those terms are defined in § 54.1-3000; (ii) a person practicing or purporting to practice the healing arts, during an actual or purported practice of the healing arts, as those terms are defined in §§ 54.1-2900 and 54.1-2903; or (iii) a physical therapist, or a person purporting to be a physical therapist, during an actual or purported practice of physical therapy, as those terms are defined in § 54.1-3473.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":305061,"text":"Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-67.3\/","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 4 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 1993, chapter 590; in 2004, chapter 843<\/a>; in 2005, chapters 185<\/a> and 406<\/a>; in 2020, chapter 1003<\/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":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":54441,"section_number":"18.2-67.5:2","catch_line":"Punishment upon conviction of certain subsequent felony sexual assault","order_by":null,"url":"\/18.2-67.5_2\/"},{"id":80860,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","order_by":null,"url":"\/19.2-163\/"},{"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":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":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":58640,"section_number":"53.1-40.02","catch_line":"Conditional release of terminally ill prisoners","order_by":null,"url":"\/53.1-40.02\/"},{"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":63078,"section_number":"54.1-2900","catch_line":"Definitions","order_by":null,"url":"\/54.1-2900\/"},{"id":64698,"section_number":"54.1-2903","catch_line":"What constitutes practice; advertising in connection with medical practice","order_by":null,"url":"\/54.1-2903\/"},{"id":54819,"section_number":"54.1-3000","catch_line":"Definitions","order_by":null,"url":"\/54.1-3000\/"}],"permalink":{"id":165191,"object_type":"law","relational_id":85126,"identifier":"18.2-67.3","token":"18.2\/4\/7\/18.2-67.3","url":"\/18.2-67.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-67.3\/","token":"18.2\/4\/7\/18.2-67.3","dublin_core":{"Title":"Aggravated sexual battery; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-67.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An accused<\/span> is guilty of aggravated sexual battery<\/span> if he or she sexually abuses the complaining witness<\/span>, 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 through the use of the complaining witness<\/span>’s mental incapacity<\/span> or physical helplessness<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The offense<\/span> is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness<\/span> is at least 13 but less than 18 years of age; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The act is accomplished against the will of the complaining witness<\/span> by force, threat or intimidation, and\n\t\t\t\ta. The complaining witness<\/span> is at least 13 but less than 15 years of age; or\n\t\t\t\tb. The accused<\/span> causes serious bodily or mental injury to the complaining witness<\/span>; or\n\t\t\t\tc. The accused<\/span> uses or threatens to use a dangerous weapon; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The offense<\/span> is not a recognized form of treatment in the profession, and is committed, without the express consent of the patient, by (i) a massage therapist, or a person purporting to be a massage therapist, during an actual or purported practice of massage therapy, as those terms are defined in § 54.1-3000<\/a>; (ii) a person practicing or purporting to practice the healing arts, during an actual or purported practice of the healing arts, as those terms are defined in §§ 54.1-2900<\/a> and 54.1-2903<\/a>; or (iii) a physical therapist, or a person purporting to be a physical therapist, during an actual or purported practice of physical therapy, as those terms are defined in § 54.1-3473<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Aggravated sexual battery<\/span> is a felony<\/span> punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAGGRAVATED SEXUAL BATTERY; PENALTY (\u00a7 18.2-67.3)\n\nA. An accused is guilty of aggravated sexual battery if he or she sexually\nabuses the complaining witness, and\n\n 1. The complaining witness is less than 13 years of age; or\n\n 2. The act is accomplished through the use of the complaining witness’s\n mental incapacity or physical helplessness; or\n\n 3. The offense is committed by a parent, step-parent, grandparent, or\n step-grandparent and the complaining witness is at least 13 but less than 18\n years of age; or\n\n 4. The act is accomplished against the will of the complaining witness by\n force, threat or intimidation, and\n \t\t\t\ta. The complaining witness is at least 13 but less than 15 years of age;\n or\n \t\t\t\tb. The accused causes serious bodily or mental injury to the complaining\n witness; or\n \t\t\t\tc. The accused uses or threatens to use a dangerous weapon; or\n\n 5. The offense is not a recognized form of treatment in the profession, and is\n committed, without the express consent of the patient, by (i) a massage\n therapist, or a person purporting to be a massage therapist, during an actual\n or purported practice of massage therapy, as those terms are defined in §\n 54.1-3000; (ii) a person practicing or purporting to practice the healing\n arts, during an actual or purported practice of the healing arts, as those\n terms are defined in §§ 54.1-2900 and 54.1-2903; or (iii) a physical\n therapist, or a person purporting to be a physical therapist, during an actual\n or purported practice of physical therapy, as those terms are defined in\n § 54.1-3473.\n\nB. Aggravated sexual battery is a felony punishable by confinement in a state\ncorrectional facility for a term of not less than one nor more than 20 years and\nby a fine of not more than $100,000.\n\nHISTORY: 1981, c. 397; 1993, c. 590; 2004, c. 843; 2005, cc. 185, 406; 2020, c.\n1003.","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}}