{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-67.5_3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-67.5_3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-67.5_3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-67.5_3.html"}],"law_id":68571,"edition_id":1,"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","history":"1995, c. 834; 2007, c. 506.","full_text":"A\n\nAny person convicted of more than one offense specified in subsection B, 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 life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury or judge before whom he 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 convictions for:1\n\nRape in violation of § 18.2-61;2\n\nForcible sodomy in violation of § 18.2-67.1;3\n\nObject sexual penetration in violation of § 18.2-67.2;4\n\nAbduction with intent to defile in violation of § 18.2-48; or5\n\nConspiracy to commit any offense listed in subdivisions 1 through 4 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 twenty years before the second offense.\n\t\t\tThe Commonwealth shall notify the defendant in the indictment, information, or warrant, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.","order_by":null,"text":{"0":{"id":248198,"text":"Any person convicted of more than one offense specified in subsection B, 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 life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury or judge before whom he 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":248199,"text":"The provisions of subsection A shall apply to convictions for:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":248200,"text":"Rape in violation of § 18.2-61;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":248201,"text":"Forcible sodomy in violation of § 18.2-67.1;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":248202,"text":"Object sexual penetration in violation of § 18.2-67.2;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":248203,"text":"Abduction with intent to defile in violation of § 18.2-48; or","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":248204,"text":"Conspiracy to commit any offense listed in subdivisions 1 through 4 pursuant to § 18.2-22.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":248205,"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 twenty years before the second offense.\n\t\t\tThe Commonwealth shall notify the defendant in the indictment, information, or warrant, at least thirty 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":"B5"}},"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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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 1 time. 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. That modification is as follows: in 2007, chapter 506<\/a>.<\/p>","references":[{"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":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":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":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":73623,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","order_by":null,"url":"\/18.2-67.1\/"},{"id":73072,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","order_by":null,"url":"\/18.2-67.2\/"},{"id":81762,"section_number":"53.1-151","catch_line":"Eligibility for parole","order_by":null,"url":"\/53.1-151\/"}],"permalink":{"id":165219,"object_type":"law","relational_id":68571,"identifier":"18.2-67.5:3","token":"18.2\/4\/7\/18.2-67.5_3","url":"\/18.2-67.5_3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-67.5_3\/","token":"18.2\/4\/7\/18.2-67.5_3","dublin_core":{"Title":"Punishment upon conviction of certain subsequent violent felony sexual assault","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-67.5:3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person convicted of more than one offense<\/span> specified in subsection B, 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 life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury<\/span> or judge<\/span> before whom he 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 convictions<\/span> for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Rape<\/span> in violation of § 18.2-61<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Forcible sodomy in violation of § 18.2-67.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Object<\/span> sexual penetration in violation of § 18.2-67.2<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Abduction with intent<\/span> to defile in violation of § 18.2-48<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Conspiracy to commit any offense<\/span> listed in subdivisions 1 through 4 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 twenty years before the second offense<\/span>.\n\t\t\tThe Commonwealth shall notify the defendant<\/span> in the indictment<\/span>, information, or warrant, at least thirty 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 VIOLENT FELONY SEXUAL ASSAULT\n(\u00a7 18.2-67.5:3)\n\nA. Any person convicted of more than one offense specified in subsection B, when\nsuch offenses were not part of a common act, transaction or scheme, and who has\nbeen at liberty as defined in § 53.1-151 between each conviction shall,\nupon conviction of the second or subsequent such offense, be sentenced to life\nimprisonment and shall not have all or any portion of the sentence suspended,\nprovided it is admitted, or found by the jury or judge before whom he is tried,\nthat he has been previously convicted of at least one of the specified offenses.\n\nB. The provisions of subsection A shall apply to convictions for:\n\n 1. Rape in violation of § 18.2-61;\n\n 2. Forcible sodomy in violation of § 18.2-67.1;\n\n 3. Object sexual penetration in violation of § 18.2-67.2;\n\n 4. Abduction with intent to defile in violation of § 18.2-48; or\n\n 5. Conspiracy to commit any offense listed in subdivisions 1 through 4\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 twenty years before the second offense.\n\t\t\tThe Commonwealth shall notify the defendant in the indictment, information,\nor warrant, at least thirty days prior to trial, of its intention to seek\npunishment pursuant to this section.\n\nHISTORY: 1995, c. 834; 2007, c. 506.","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}}