                                 CODE OF VIRGINIA

PUNISHMENT UPON CONVICTION OF CERTAIN SUBSEQUENT FELONY SEXUAL ASSAULT (§
18.2-67.5:2)

A. Any person convicted of (i) more than one offense specified in subsection B
or (ii) one of the offenses specified in subsection B of this section and one of
the offenses specified in subsection B of &#xA7; 18.2-67.5:3 when such offenses
were not part of a common act, transaction, or scheme and who has been at
liberty as defined in &#xA7; 53.1-151 between each conviction shall, upon
conviction of the second or subsequent such offense, be sentenced to the maximum
term authorized by statute for such offense and shall not have all or any part
of such sentence suspended, provided that it is admitted, or found by the jury
or judge before whom the person is tried, that he has been previously convicted
of at least one of the specified offenses.

B. The provisions of subsection A shall apply to felony convictions for:

   1. Carnal knowledge of a child between 13 and 15 years of age in violation of
   &#xA7; 18.2-63 when the offense is committed by a person over the age of 18;

   2. Carnal knowledge of certain minors in violation of &#xA7; 18.2-64.1;

   3. Aggravated sexual battery in violation of &#xA7; 18.2-67.3;

   4. Crimes against nature in violation of subsection B of &#xA7; 18.2-361;

   5. Sexual intercourse with one&#8217;s own child or grandchild in violation of
   &#xA7; 18.2-366;

   6. Taking indecent liberties with a child in violation of &#xA7; 18.2-370 or
   18.2-370.1; or

   7. Conspiracy to commit any offense listed in subdivisions 1 through 6
   pursuant to &#xA7; 18.2-22.

C. For purposes of this section, prior convictions shall include (i) adult
convictions for felonies under the laws of any state or the United States that
are substantially similar to those listed in subsection B and (ii) findings of
not innocent, adjudications, or convictions in the case of a juvenile if the
juvenile offense is substantially similar to those listed in subsection B, the
offense would be a felony if committed by an adult in the Commonwealth, and the
offense was committed less than 20 years before the second offense.
			The Commonwealth shall notify the defendant in writing, at least 30 days
prior to trial, of its intention to seek punishment pursuant to this section.

HISTORY: 1995, c. 834; 2000, c. 333; 2020, cc. 122, 900.