                                 CODE OF VIRGINIA

AGGRAVATED SEXUAL BATTERY; PENALTY (§ 18.2-67.3)

A. An accused is guilty of aggravated sexual battery if he or she sexually
abuses the complaining witness, and

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

   2. The act is accomplished through the use of the complaining witness&#8217;s
   mental incapacity or physical helplessness; or

   3. The offense is committed by a parent, step-parent, grandparent, or
   step-grandparent and the complaining witness is at least 13 but less than 18
   years of age; or

   4. The act is accomplished against the will of the complaining witness by
   force, threat or intimidation, and
   				a. The complaining witness is at least 13 but less than 15 years of age;
   or
   				b. The accused causes serious bodily or mental injury to the complaining
   witness; or
   				c. The accused uses or threatens to use a dangerous weapon; or

   5. The offense is not a recognized form of treatment in the profession, and is
   committed, without the express consent of the patient, by (i) a massage
   therapist, or a person purporting to be a massage therapist, during an actual
   or purported practice of massage therapy, as those terms are defined in &#xA7;
   54.1-3000; (ii) a person practicing or purporting to practice the healing
   arts, during an actual or purported practice of the healing arts, as those
   terms are defined in &#xA7;&#xA7; 54.1-2900 and 54.1-2903; or (iii) a physical
   therapist, or a person purporting to be a physical therapist, during an actual
   or purported practice of physical therapy, as those terms are defined in
   &#xA7; 54.1-3473.

B. Aggravated sexual battery is a felony punishable by confinement in a state
correctional facility for a term of not less than one nor more than 20 years and
by a fine of not more than $100,000.

HISTORY: 1981, c. 397; 1993, c. 590; 2004, c. 843; 2005, cc. 185, 406; 2020, c.
1003.