                                 CODE OF VIRGINIA

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 (§ 18.2-64.2)

A. An accused is guilty of carnal knowledge of a person detained or arrested by
a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee,
or pretrial defendant or posttrial offender if he is a law-enforcement officer
or an employee or contractual employee of, or a volunteer with, a state or local
correctional facility or regional jail, the Department of Corrections, the
Department of Juvenile Justice, a secure facility or detention home as defined
in &#xA7; 16.1-228, a state or local court services unit as defined in &#xA7;
16.1-235, a local community-based probation services agency, or a pretrial
services agency; is in a position of authority over the person detained or
arrested by a law-enforcement officer, inmate, probationer, parolee, juvenile
detainee, or pretrial defendant or posttrial offender; knows that the person
detained or arrested by a law-enforcement officer, inmate, probationer, parolee,
juvenile detainee, or pretrial defendant or posttrial offender is in the custody
of a private, local, or state law-enforcement agency or under the jurisdiction
of a state or local correctional facility or regional jail, the Department of
Corrections, the Department of Juvenile Justice, a secure facility or detention
home as defined in &#xA7; 16.1-228, a state or local court services unit as
defined in &#xA7; 16.1-235, a local community-based probation services agency,
or a pretrial services agency; and carnally knows, without the use of force,
threat, or intimidation, (i) an inmate who has been committed to jail or
convicted and sentenced to confinement in a state or local correctional facility
or regional jail or (ii) a person detained or arrested by a law-enforcement
officer, probationer, parolee, juvenile detainee, or pretrial defendant or
posttrial offender in the custody of a private, local, or state law-enforcement
agency or under the jurisdiction of the Department of Corrections, the
Department of Juvenile Justice, a secure facility or detention home as defined
in &#xA7; 16.1-228, a state or local court services unit as defined in &#xA7;
16.1-235, 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 program or
agency. Such offense is a Class 6 felony.
			An accused is guilty of carnal knowledge of a pretrial defendant or posttrial
offender if he (a) is an owner or employee of the bail bond company that posted
the pretrial defendant&#8217;s or posttrial offender&#8217;s bond; (b) has the
authority to revoke the pretrial defendant&#8217;s or posttrial offender&#8217;s
bond; and (c) carnally knows, without use of force, threat, or intimidation, a
pretrial defendant or posttrial offender. Such offense is a Class 6 felony.
			An accused is guilty of carnal knowledge of a person serving as a
confidential informant if he (1) is a law-enforcement officer; (2) knows that
such person is serving as a confidential informant for the law-enforcement
agency where such officer is employed; and (3) carnally knows, without use of
force, threat, or intimidation, such confidential informant while such person is
serving as a confidential informant or is expected to testify in a criminal case
for which the confidential informant assisted the law-enforcement agency with
its investigation. Such offense is a Class 6 felony.

B. For the purposes of this section:
			&#8220;Carnal knowledge&#8221; includes the acts of sexual intercourse,
cunnilingus, fellatio, anilingus, anal intercourse, and animate or inanimate
object sexual penetration.
			&#8220;Confidential informant&#8221; means any person, other than an employee
of a law-enforcement agency, who engages in, or provides information about,
criminal activity for the purpose of assisting a law-enforcement agency in
investigating the criminal activity of another, in exchange for a benefit, the
promise of a benefit, or the hope or expectation thereof.
			&#8220;Law-enforcement officer&#8221; means the same as that term is defined
in &#xA7; 9.1-101.

HISTORY: 1999, c. 294; 2000, c. 1040; 2001, c. 385; 2007, c. 133; 2013, c. 602;
2020, c. 479; 2020, Sp. Sess. I, cc. 26, 37; 2024, c. 592.