                                 CODE OF VIRGINIA

SEXUAL BATTERY (§ 18.2-67.4)

A. An accused is guilty of sexual battery if he sexually abuses, as defined in
&#xA7; 18.2-67.10, (i) the complaining witness against the will of the
complaining witness, by force, threat, intimidation, or ruse; (ii) within a
two-year period, more than one complaining witness or one complaining witness on
more than one occasion intentionally and without the consent of the complaining
witness; (iii) an inmate who has been committed to jail or convicted and
sentenced to confinement in a state or local correctional facility or regional
jail, and the accused is an employee or contractual employee of, or a volunteer
with, the state or local correctional facility or regional jail; is in a
position of authority over the inmate; and knows that the inmate is under the
jurisdiction of the state or local correctional facility or regional jail; (iv)
a probationer, parolee, or a pretrial defendant or posttrial offender under the
jurisdiction of the Department of Corrections, a local community-based probation
services agency, a pretrial services agency, a local or regional jail for the
purposes of imprisonment, a work program or any other parole/probationary or
pretrial services or agency and the accused is an employee or contractual
employee of, or a volunteer with, the Department of Corrections, a local
community-based probation services agency, a pretrial services agency or a local
or regional jail; is in a position of authority over an offender; and knows that
the offender is under the jurisdiction of the Department of Corrections, a local
community-based probation services agency, a pretrial services agency or a local
or regional jail; (v) a person detained or arrested by a law-enforcement officer
and the accused is a law-enforcement officer; is in a position of authority over
the person detained or arrested; and knows that the person detained or arrested
by a law-enforcement officer is in the custody of a private, local, or state
law-enforcement agency; (vi) a pretrial defendant or posttrial offender and the
accused is an owner or employee of the bail company that posted the pretrial
defendant&#8217;s or posttrial offender&#8217;s bond and has the authority to
revoke the pretrial defendant&#8217;s or posttrial offender&#8217;s bond; or
(vii) a person serving as a confidential informant and the accused is a
law-enforcement officer; knows that such person is serving as a confidential
informant for the law-enforcement agency where such officer is employed; and
such person is serving as a confidential informant or is expected to testify in
a criminal case for which he assisted the law-enforcement agency with its
investigation.

B. Sexual battery is a Class 1 misdemeanor.

C. For the purposes of this section, &#8220;confidential informant&#8221; means
the same as that term is defined in &#xA7; 18.2-64.2.

HISTORY: 1981, c. 397; 1997, c. 643; 1999, c. 294; 2000, cc. 832, 1040; 2006, c.
284; 2007, c. 133; 2014, c. 656; 2024, c. 592.