                                 CODE OF VIRGINIA

GENERAL DEFINITIONS (§ 18.2-67.10)

As used in this article:

1. &#8220;Complaining witness&#8221; means the person alleged to have been
subjected to rape, forcible sodomy, inanimate or animate object sexual
penetration, marital sexual assault, aggravated sexual battery, or sexual
battery.

2. &#8220;Intimate parts&#8221; means the genitalia, anus, groin, breast, or
buttocks of any person, or the chest of a child under the age of 15.

3. &#8220;Mental incapacity&#8221; means that condition of the complaining
witness existing at the time of an offense under this article which prevents the
complaining witness from understanding the nature or consequences of the sexual
act involved in such offense and about which the accused knew or should have
known.

4. &#8220;Physical helplessness&#8221; means unconsciousness or any other
condition existing at the time of an offense under this article which otherwise
rendered the complaining witness physically unable to communicate an
unwillingness to act and about which the accused knew or should have known.

5. The complaining witness&#8217;s &#8220;prior sexual conduct&#8221; means any
sexual conduct on the part of the complaining witness which took place before
the conclusion of the trial, excluding the conduct involved in the offense
alleged under this article.

6. &#8220;Sexual abuse&#8221; means an act committed with the intent to sexually
molest, arouse, or gratify any person, where:
			a. The accused intentionally touches the complaining witness&#8217;s intimate
parts or material directly covering such intimate parts;
			b. The accused forces the complaining witness to touch the accused&#8217;s,
the witness&#8217;s own, or another person&#8217;s intimate parts or material
directly covering such intimate parts;
			c. If the complaining witness is under the age of 13, the accused causes or
assists the complaining witness to touch the accused&#8217;s, the
witness&#8217;s own, or another person&#8217;s intimate parts or material
directly covering such intimate parts; or
			d. The accused forces another person to touch the complaining witness&#8217;s
intimate parts or material directly covering such intimate parts.

HISTORY: 1981, c. 397; 1987, c. 277; 1993, c. 549; 1994, c. 568; 2004, c. 741;
2022, c. 645.