{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-67.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-67.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-67.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-67.html"}],"law_id":76985,"edition_id":1,"section_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","history":"Code 1950, \u00a7 18.1-47; 1960, c. 358; 1975, cc. 14, 15, 606; 1981, c. 397.","full_text":"Before or during the trial for an offense or attempted offense under this article, the judge of the court in which the case is pending, with the consent of the accused first obtained in open court, by an order of record, may direct that the deposition of the complaining witness be taken at a time and place designated in the order, and the judge may adjourn the taking thereof to such other time and places as he may deem necessary. Such deposition shall be taken before a judge of a circuit court in the county or city in which the offense was committed or the trial is had, and the judge shall rule upon all questions of evidence, and otherwise control the taking of the same as though it were taken in open court. At the taking of such deposition the attorney for the Commonwealth, as well as the accused and his attorneys, shall be present and they shall have the same rights in regard to the examination of such witness as if he or she were testifying in open court. No other person shall be present unless expressly permitted by the judge. Such deposition shall be read to the jury at the time such witness might have testified if such deposition had not been taken, and shall be considered by them, and shall have the same force and effect as though such testimony had been given orally in court. The judge may, in like manner, direct other depositions of the complaining witness, in rebuttal or otherwise, which shall be taken and read in the manner and under the conditions herein prescribed as to the first deposition. The cost of taking such depositions shall be paid by the Commonwealth.","order_by":null,"text":{"0":{"id":276283,"text":"Before or during the trial for an offense or attempted offense under this article, the judge of the court in which the case is pending, with the consent of the accused first obtained in open court, by an order of record, may direct that the deposition of the complaining witness be taken at a time and place designated in the order, and the judge may adjourn the taking thereof to such other time and places as he may deem necessary. Such deposition shall be taken before a judge of a circuit court in the county or city in which the offense was committed or the trial is had, and the judge shall rule upon all questions of evidence, and otherwise control the taking of the same as though it were taken in open court. At the taking of such deposition the attorney for the Commonwealth, as well as the accused and his attorneys, shall be present and they shall have the same rights in regard to the examination of such witness as if he or she were testifying in open court. No other person shall be present unless expressly permitted by the judge. Such deposition shall be read to the jury at the time such witness might have testified if such deposition had not been taken, and shall be considered by them, and shall have the same force and effect as though such testimony had been given orally in court. The judge may, in like manner, direct other depositions of the complaining witness, in rebuttal or otherwise, which shall be taken and read in the manner and under the conditions herein prescribed as to the first deposition. The cost of taking such depositions shall be paid by the Commonwealth.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-67\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 1960, chapter 358; in 1975, chapters 14, 15, and 606; in 1981, chapter 397.<\/p>","references":false,"refers_to":false,"permalink":{"id":165167,"object_type":"law","relational_id":76985,"identifier":"18.2-67","token":"18.2\/4\/7\/18.2-67","url":"\/18.2-67\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-67\/","token":"18.2\/4\/7\/18.2-67","dublin_core":{"Title":"Depositions of complaining witnesses in cases of criminal sexual assault and attempted criminal sexual assault","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-67","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Before or during the <span class=\"dictionary\">trial<\/span> for an <span class=\"dictionary\">offense<\/span> or attempted <span class=\"dictionary\">offense<\/span> under this article, the <span class=\"dictionary\">judge<\/span> of the <span class=\"dictionary\">court<\/span> in which the case is pending, with the consent of the <span class=\"dictionary\">accused<\/span> first obtained in open <span class=\"dictionary\">court<\/span>, by an <span class=\"dictionary\">order<\/span> of record, may direct that the <span class=\"dictionary\">deposition<\/span> of the <span class=\"dictionary\">complaining witness<\/span> be taken at a time and place designated in the <span class=\"dictionary\">order<\/span>, and the <span class=\"dictionary\">judge<\/span> may adjourn the taking thereof to such other time and places as he may deem necessary. Such <span class=\"dictionary\">deposition<\/span> shall be taken before a <span class=\"dictionary\">judge<\/span> of a <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> in the county or city in which the <span class=\"dictionary\">offense<\/span> was committed or the <span class=\"dictionary\">trial<\/span> is had, and the <span class=\"dictionary\">judge<\/span> shall rule upon all questions of <span class=\"dictionary\">evidence<\/span>, and otherwise control the taking of the same as though it were taken in open <span class=\"dictionary\">court<\/span>. At the taking of such <span class=\"dictionary\">deposition<\/span> the attorney for the Commonwealth, as well as the <span class=\"dictionary\">accused<\/span> and his attorneys, shall be present and they shall have the same rights in regard to the examination of such witness as if he or she were testifying in open <span class=\"dictionary\">court<\/span>. No other person shall be present unless expressly permitted by the <span class=\"dictionary\">judge<\/span>. Such <span class=\"dictionary\">deposition<\/span> shall be read to the <span class=\"dictionary\">jury<\/span> at the time such witness might have testified if such <span class=\"dictionary\">deposition<\/span> had not been taken, and shall be considered by them, and shall have the same force and effect as though such <span class=\"dictionary\">testimony<\/span> had been given orally in <span class=\"dictionary\">court<\/span>. The <span class=\"dictionary\">judge<\/span> may, in like manner, direct other <span class=\"dictionary\">depositions<\/span> of the <span class=\"dictionary\">complaining witness<\/span>, in <span class=\"dictionary\">rebuttal<\/span> or otherwise, which shall be taken and read in the manner and under the conditions herein prescribed as to the first <span class=\"dictionary\">deposition<\/span>. The cost of taking such <span class=\"dictionary\">depositions<\/span> shall be paid by the Commonwealth.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEPOSITIONS OF COMPLAINING WITNESSES IN CASES OF CRIMINAL SEXUAL ASSAULT AND\nATTEMPTED CRIMINAL SEXUAL ASSAULT (\u00a7 18.2-67)\n\nBefore or during the trial for an offense or attempted offense under this\narticle, the judge of the court in which the case is pending, with the consent\nof the accused first obtained in open court, by an order of record, may direct\nthat the deposition of the complaining witness be taken at a time and place\ndesignated in the order, and the judge may adjourn the taking thereof to such\nother time and places as he may deem necessary. Such deposition shall be taken\nbefore a judge of a circuit court in the county or city in which the offense was\ncommitted or the trial is had, and the judge shall rule upon all questions of\nevidence, and otherwise control the taking of the same as though it were taken\nin open court. At the taking of such deposition the attorney for the\nCommonwealth, as well as the accused and his attorneys, shall be present and\nthey shall have the same rights in regard to the examination of such witness as\nif he or she were testifying in open court. No other person shall be present\nunless expressly permitted by the judge. Such deposition shall be read to the\njury at the time such witness might have testified if such deposition had not\nbeen taken, and shall be considered by them, and shall have the same force and\neffect as though such testimony had been given orally in court. The judge may,\nin like manner, direct other depositions of the complaining witness, in rebuttal\nor otherwise, which shall be taken and read in the manner and under the\nconditions herein prescribed as to the first deposition. The cost of taking such\ndepositions shall be paid by the Commonwealth.\n\nHISTORY: Code 1950, \u00a7 18.1-47; 1960, c. 358; 1975, cc. 14, 15, 606; 1981, c.\n397.","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}}