                                 CODE OF VIRGINIA

OBJECT SEXUAL PENETRATION; PENALTY (§ 18.2-67.2)

A. An accused shall be guilty of inanimate or animate object sexual penetration
if he or she penetrates the labia majora or anus of a complaining witness,
whether or not his or her spouse, other than for a bona fide medical purpose, or
causes such complaining witness to so penetrate his or her own body with an
object or causes a complaining witness, whether or not his or her spouse, to
engage in such acts with any other person or to penetrate, or to be penetrated
by, an animal, and

   1. The complaining witness is less than 13 years of age; or

   2. The act is accomplished against the will of the complaining witness, by
   force, threat or intimidation of or against the complaining witness or another
   person, or through the use of the complaining witness&#8217;s mental
   incapacity or physical helplessness.

B. Inanimate or animate object sexual penetration is a felony punishable by
confinement in the state correctional facility for life or for any term not less
than five years; and in addition:

   1. For a violation of subdivision A 1, where the offender is more than three
   years older than the victim, if done in the commission of, or as part of the
   same course of conduct as, or as part of a common scheme or plan as a
   violation of (i) subsection A of &#xA7; 18.2-47 or &#xA7; 18.2-48, (ii) &#xA7;
   18.2-89, 18.2-90, or 18.2-91, or (iii) &#xA7; 18.2-51.2, the punishment shall
   include a mandatory minimum term of confinement of 25 years; or

   2. For a violation of subdivision A 1 where it is alleged in the indictment
   that the offender was 18 years of age or older at the time of the offense, the
   punishment shall include a mandatory minimum term of confinement for life.
   				The mandatory minimum terms of confinement prescribed for violations of
   this section shall be served consecutively with any other sentence. If the
   term of confinement imposed for any violation of subdivision A 1, where the
   offender is more than three years older than the victim, is for a term less
   than life imprisonment, the judge shall impose, in addition to any active
   sentence, a suspended sentence of no less than 40 years. This suspended
   sentence shall be suspended for the remainder of the defendant&#8217;s life,
   subject to revocation by the court.
   				In any case deemed appropriate by the court, all or part of any sentence
   imposed for a violation under this section against a spouse may be suspended
   upon the defendant&#8217;s completion of counseling or therapy, if not already
   provided, in the manner prescribed under &#xA7; 19.2-218.1 if, after
   consideration of the views of the complaining witness and such other evidence
   as may be relevant, the court finds such action will promote maintenance of
   the family unit and will be in the best interest of the complaining witness.

C. Upon a finding of guilt under this section, when a spouse is the complaining
witness in any case tried by the court without a jury, the court, without
entering a judgment of guilt, upon motion of the defendant who has not
previously had a proceeding against him for violation of this section dismissed
pursuant to this subsection and with the consent of the complaining witness and
the attorney for the Commonwealth, may defer further proceedings and place the
defendant on probation pending completion of counseling or therapy, if not
already provided, in the manner prescribed under &#xA7; 19.2-218.1. If the
defendant fails to so complete such counseling or therapy, the court may make
final disposition of the case and proceed as otherwise provided. If such
counseling is completed as prescribed under &#xA7; 19.2-218.1, the court may
discharge the defendant and dismiss the proceedings against him if, after
consideration of the views of the complaining witness and such other evidence as
may be relevant, the court finds such action will promote maintenance of the
family unit and be in the best interest of the complaining witness.

HISTORY: 1981, c. 397; 1982, c. 508; 1986, c. 516; 1988, c. 437; 1993, c. 549;
1994, cc. 772, 794; 1999, c. 367; 2005, c. 631; 2006, cc. 853, 914; 2012, cc.
575, 605; 2013, cc. 761, 774.