{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-67.5_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-67.5_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-67.5_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-67.5_2.html"}],"law_id":54441,"edition_id":1,"section_id":54441,"structure_id":13101,"section_number":"18.2-67.5:2","catch_line":"Punishment upon conviction of certain subsequent felony sexual assault","history":"1995, c. 834; 2000, c. 333; 2020, cc. 122, 900.","full_text":"A\n\nAny person convicted of (i) more than one offense specified in subsection B or (ii) one of the offenses specified in subsection B of this section and one of the offenses specified in subsection B of § 18.2-67.5:3 when such offenses were not part of a common act, transaction, or scheme and who has been at liberty as defined in § 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to the maximum term authorized by statute for such offense and shall not have all or any part of such sentence suspended, provided that it is admitted, or found by the jury or judge before whom the person is tried, that he has been previously convicted of at least one of the specified offenses.B\n\nThe provisions of subsection A shall apply to felony convictions for:1\n\nCarnal knowledge of a child between 13 and 15 years of age in violation of § 18.2-63 when the offense is committed by a person over the age of 18;2\n\nCarnal knowledge of certain minors in violation of § 18.2-64.1;3\n\nAggravated sexual battery in violation of § 18.2-67.3;4\n\nCrimes against nature in violation of subsection B of § 18.2-361;5\n\nSexual intercourse with one’s own child or grandchild in violation of § 18.2-366;6\n\nTaking indecent liberties with a child in violation of § 18.2-370 or 18.2-370.1; or7\n\nConspiracy to commit any offense listed in subdivisions 1 through 6 pursuant to § 18.2-22.C\n\nFor purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications, or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth, and the offense was committed less than 20 years before the second offense.\n\t\t\tThe Commonwealth shall notify the defendant in writing, at least 30 days prior to trial, of its intention to seek punishment pursuant to this section.","order_by":null,"text":{"0":{"id":199792,"text":"Any person convicted of (i) more than one offense specified in subsection B or (ii) one of the offenses specified in subsection B of this section and one of the offenses specified in subsection B of § 18.2-67.5:3 when such offenses were not part of a common act, transaction, or scheme and who has been at liberty as defined in § 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to the maximum term authorized by statute for such offense and shall not have all or any part of such sentence suspended, provided that it is admitted, or found by the jury or judge before whom the person is tried, that he has been previously convicted of at least one of the specified offenses.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199793,"text":"The provisions of subsection A shall apply to felony convictions for:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":199794,"text":"Carnal knowledge of a child between 13 and 15 years of age in violation of § 18.2-63 when the offense is committed by a person over the age of 18;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":199795,"text":"Carnal knowledge of certain minors in violation of § 18.2-64.1;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":199796,"text":"Aggravated sexual battery in violation of § 18.2-67.3;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":199797,"text":"Crimes against nature in violation of subsection B of § 18.2-361;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":199798,"text":"Sexual intercourse with one’s own child or grandchild in violation of § 18.2-366;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":199799,"text":"Taking indecent liberties with a child in violation of § 18.2-370 or 18.2-370.1; or","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":199800,"text":"Conspiracy to commit any offense listed in subdivisions 1 through 6 pursuant to § 18.2-22.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"9":{"id":199801,"text":"For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications, or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth, and the offense was committed less than 20 years before the second offense.\n\t\t\tThe Commonwealth shall notify the defendant in writing, at least 30 days prior to trial, of its intention to seek punishment pursuant to this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-67.5:2\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 834<\/a> 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. It has been modified 2 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 2000, chapter 333<\/a>; in 2020, chapters 122<\/a> and 900<\/a>.<\/p>","references":[{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"},{"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":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":69004,"section_number":"52-35","catch_line":"Witness protection program established","order_by":null,"url":"\/52-35\/"}],"refers_to":[{"id":55287,"section_number":"18.2-361","catch_line":"Crimes against nature; penalty","order_by":null,"url":"\/18.2-361\/"},{"id":76153,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","order_by":null,"url":"\/18.2-366\/"},{"id":60265,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","order_by":null,"url":"\/18.2-370\/"},{"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":76651,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","order_by":null,"url":"\/18.2-63\/"},{"id":67558,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","order_by":null,"url":"\/18.2-64.1\/"},{"id":85126,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","order_by":null,"url":"\/18.2-67.3\/"},{"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":81762,"section_number":"53.1-151","catch_line":"Eligibility for parole","order_by":null,"url":"\/53.1-151\/"}],"permalink":{"id":165215,"object_type":"law","relational_id":54441,"identifier":"18.2-67.5:2","token":"18.2\/4\/7\/18.2-67.5_2","url":"\/18.2-67.5_2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-67.5_2\/","token":"18.2\/4\/7\/18.2-67.5_2","dublin_core":{"Title":"Punishment upon conviction of certain subsequent felony sexual assault","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-67.5:2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person convicted of (i) more than one offense<\/span> specified in subsection B or (ii) one of the offenses<\/span> specified in subsection B of this section and one of the offenses<\/span> specified in subsection B of § 18.2-67.5:3<\/a> when such offenses<\/span> were not part of a common act, transaction, or scheme and who has been at liberty as defined in § 53.1-151<\/a> between each conviction<\/span> shall, upon conviction<\/span> of the second or subsequent such offense<\/span>, be sentenced to the maximum term authorized by statute<\/span> for such offense<\/span> and shall not have all or any part of such sentence suspended, provided that it is admitted, or found by the jury<\/span> or judge<\/span> before whom the person is tried, that he has been previously convicted of at least one of the specified offenses<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of subsection A shall apply to felony<\/span> convictions<\/span> for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Carnal knowledge of a child between 13 and 15 years of age in violation of § 18.2-63<\/a> when the offense<\/span> is committed by a person over the age of 18; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Carnal knowledge of certain minors<\/span> in violation of § 18.2-64.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Aggravated sexual battery<\/span> in violation of § 18.2-67.3<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Crimes<\/span> against nature in violation of subsection B of § 18.2-361<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Sexual intercourse with one’s own child or grandchild in violation of § 18.2-366<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Taking indecent liberties with a child in violation of § 18.2-370<\/a> or 18.2-370.1<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Conspiracy to commit any offense<\/span> listed in subdivisions 1 through 6 pursuant to § 18.2-22<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For purposes of this section, prior convictions<\/span> shall include (i) adult convictions<\/span> for felonies under the laws<\/span> of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings<\/span> of not innocent, adjudications, or convictions<\/span> in the case of a juvenile if the juvenile offense<\/span> is substantially similar to those listed in subsection B, the offense<\/span> would be a felony<\/span> if committed by an adult in the Commonwealth, and the offense<\/span> was committed less than 20 years before the second offense<\/span>.\n\t\t\tThe Commonwealth shall notify the defendant<\/span> in writing, at least 30 days prior to trial<\/span>, of its intention to seek punishment pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPUNISHMENT UPON CONVICTION OF CERTAIN SUBSEQUENT FELONY SEXUAL ASSAULT (\u00a7\n18.2-67.5:2)\n\nA. Any person convicted of (i) more than one offense specified in subsection B\nor (ii) one of the offenses specified in subsection B of this section and one of\nthe offenses specified in subsection B of § 18.2-67.5:3 when such offenses\nwere not part of a common act, transaction, or scheme and who has been at\nliberty as defined in § 53.1-151 between each conviction shall, upon\nconviction of the second or subsequent such offense, be sentenced to the maximum\nterm authorized by statute for such offense and shall not have all or any part\nof such sentence suspended, provided that it is admitted, or found by the jury\nor judge before whom the person is tried, that he has been previously convicted\nof at least one of the specified offenses.\n\nB. The provisions of subsection A shall apply to felony convictions for:\n\n 1. Carnal knowledge of a child between 13 and 15 years of age in violation of\n § 18.2-63 when the offense is committed by a person over the age of 18;\n\n 2. Carnal knowledge of certain minors in violation of § 18.2-64.1;\n\n 3. Aggravated sexual battery in violation of § 18.2-67.3;\n\n 4. Crimes against nature in violation of subsection B of § 18.2-361;\n\n 5. Sexual intercourse with one’s own child or grandchild in violation of\n § 18.2-366;\n\n 6. Taking indecent liberties with a child in violation of § 18.2-370 or\n 18.2-370.1; or\n\n 7. Conspiracy to commit any offense listed in subdivisions 1 through 6\n pursuant to § 18.2-22.\n\nC. For purposes of this section, prior convictions shall include (i) adult\nconvictions for felonies under the laws of any state or the United States that\nare substantially similar to those listed in subsection B and (ii) findings of\nnot innocent, adjudications, or convictions in the case of a juvenile if the\njuvenile offense is substantially similar to those listed in subsection B, the\noffense would be a felony if committed by an adult in the Commonwealth, and the\noffense was committed less than 20 years before the second offense.\n\t\t\tThe Commonwealth shall notify the defendant in writing, at least 30 days\nprior to trial, of its intention to seek punishment pursuant to this section.\n\nHISTORY: 1995, c. 834; 2000, c. 333; 2020, cc. 122, 900.","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}}