Sex In Public Charges Va

Sex In Public Charges Va
Virginia Sex Crime Laws
Understand the charges, your rights and how to protect your freedom

Rape

Rape is defined under Virginia law as having sexual intercourse with an individual or causing someone to have sex with another person under one of their following circumstances:
• Against the victim's will by force, threat or intimidation of themselves or another person
• Through the mental incapacitation or physical disability of the defendant
• If the victim is under 13 years old

Having Carnal Knowledge of Minors

This offense can include sexual intercourse, oral sex, sodomy or sexual abuse through object penetration. The age of the minor and the defendant affect how the crime is charged. If the minor is between age 13 to 15 and consents and the defendant is also a minor but is three years or more older than the victim, the crime is considered a Class 4 felony. However, if the consenting minor is less than three years younger than the defendant, the crime is considered a Class 4 misdemeanor.

If a minor is detained in a juvenile facility or otherwise confined and is age 15 or older, the crime is charged as a Class 6 felony. This can occur if the defendant is an employee or volunteer of a correctional facility, detention home, probation services unit or similar entity.

Taking Indecent Liberties with a Child

Taking indecent liberties with a child involves any of the following criminal acts:

Exposing one's genitals or sexual organs to a child when that person is not married to the victim
Asking a child to expose his or her genitals or sexual organs
Asking a child to fondle his or her sexual organs or genitals
Defendant asking to fondle the sexual organs or genitals of the child
Asking a child to perform a sexual act or commit sodomy

These acts are considered a class 5 felony if the defendant is 18 or older and the victim is under 15 years of age.

Forcible Sodomy

Forcible sodomy includes oral or anal intercourse without the victim's consent.

Object Sexual Penetration

This offense is defined under Virginia law as penetrating, however slightly, the genital or anal opening of a victim with an inanimate or animate object or causing the victim to perform such action against themselves.

Aggravated Sexual Battery

Aggravated sexual battery involves the sexual abuse of someone under any of these situations:

The victim is under 13 years of age
The victim is mentally or physically incapacitated
The defendant is a parent, stepparent, grandparent or step-grandparent and the victim is between 13 and 18 years of age
The act was committed against the victim by force, threat or intimidation and the defendant causes serious injury to the victim, used or threatened to use a dangerous weapon, or the victim was between 13 and 15 years of age

Sexual Battery

The crime of sexual battery is defined as the sexual abuse of another by force, threat, intimidation or trick without the victim's consent. This crime can also be charged if the defendant sexually abuses an inmate or person on probation.

Forcible Fondling

This offense describes the touching of the private body parts of a victim for the purpose of gratification in a forcible manner or against the victim's will.

Incest

Incest involves sexual intercourse between related people who are not legally able to wed each other because of the familial relationship.

Statutory Rape

This offense involves non-forcible sexual intercourse with a person under the statutory age of consent. Even though the victim may verbally consent, the law considers the person too young to be able to make this decision, so having sexual intercourse with the person is considered criminal behavior.

Child Pornography

Possessing or distributing sexual images of children is considered a crime in Virginia.

Infected Sexual Battery

This crime involves having sexual or anal intercourse with another person when the defendant knows that he or she is infected with HIV, hepatitis B or syphilis. If the person intended to infect the victim, it can be charged as a felony. If the act is performed without this intent, it is classified as a class 1 misdemeanor.

Prostitution or Solicitation

Prostitution or solicitation of prostitution is charged as Class 1 misdemeanor offense. This crime involves trading sexual favors for money or something of value or asking someone to enter into a transaction of this nature.

Attempted Sex Crimes

Attempts at committing a sex crime such as sexual penetration with an object, rape or forcible sodomy is considered a Class 4 felony. Attempted sexual battery is a Class 6 felony. Attempted sexual battery is a Class 1 misdemeanor.

Consent

Many sex crimes are based on the victim not consenting to the sexual interaction. If the victim did consent, a crime may not have been committed. However, this offense may not apply in certain situations, such as sex crimes involving minors or incapacitated persons.

No Resistance

Sex crimes in Virginia do not require that the victim physically resisted or cried out against the defendant for the crime to have occurred. However, a lack of resistance may demonstrate that the victim consented or that the defendant reasonably believed that the victim consented.

Age

If the defendant did not know the victim's age and reasonably believed the victim was of an age to consent, this defense may arise. For example, if the defendant met the victim in an adult setting like a bar, he or she may have believed the person was over the legal age to consent.

False Allegations

In some instances, a "victim" simply makes up a story about a sex crime that did not occur. Victims may lie for various reasons, such as feeling ashamed about cheating, having consensual sex at a young age against a person's parents' values, seeking revenge after a difficult breakup or trying to gain an upper hand in a child custody case.

Misidentification

Some sex crimes allegations are due to the victim's misidentification of the defendant. A sex crime may have occurred, but the victim may allege that the wrong person did it. The two people in question may look or sound alike. If the victim was drunk at the time of the accident, he or she may not remember what happened.

False Memory

In some situations, a victim may have a false memory about a sexual encounter. Through therapy, a victim may remember an assault or sexual encounter differently than it happened in real life.

Frequently, prosecutors stack 2 or more charges against a person accused of this crime. Do not take this charge lightly.
Conviction for an aggravated sexual battery in Virginia can land you in jail for a long time.
If you have been charged with violating a child pornography law in Virginia, finding the right lawyer can make the difference between a lengthy jail sentence and avoiding a conviction entirely. Don't trust you life on not finding the right attorney for you.
Virginia indecent exposure laws can result in you going to jail for a long time as a punishment. Understanding how these laws may apply to you and learning about the defenses may help you avoid the punishments.
Virginia possession of child pornography charges are serious. You can be prosecuted in the Federal Court under federal charges or in state court under Virginia state charges.
Possession Of Child Pornography In Virginia is prosecuted by the state and federal government. Often, depending on the severity of the charge, it can result in substantial jail time.
If you have been charged with violating one of the the Virginia prostitution laws, speak to a criminal attorney right away.
This article tries to give you some insight into what a Virginia sex crimes lawyer does to help you resolve your situation.
In Virginia, sexual assault is a very serious crime. You need a the help of an experienced Virginia sexual assault lawyer to defend you.

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| Last updated March 30, 2018
State laws prohibiting certain types of consensual sexual activity typically reflect the social norms of the state, and are thus subject to change as society changes. Some of these laws include sodomy, indecent exposure, and statutory rape.
For example, most states had laws criminalizing sodomy , even though this is considered a strictly private matter between consenting adults. However, the Supreme Court ruled in Lawrence v. Texas in 2003 that it is unconstitutional to bar consensual sex between adults, calling it a violation of the 14th Amendment .
It took a while for the Commonwealth to catch on. Lawmakers finally invalidated state sodomy laws in 2014. While sodomy laws are no longer considered valid, other types of sexual activities are considered illegal in Virginia.
Another class of consensual sexual activity that Virginia prohibits is indecent exposure . It is considered indecent exposure when an individual exposes his or her private parts in a public space, or in a place where other people are present.
This excludes breastfeeding, but can include acts such as masturbation, sexual intercourse, and exhibitionism.
Keep in mind, intentional exposure of private parts to any child under 15 years old or attempting to encourage that child to expose his or her private parts is considered a felony and can lead to fines as well as up to 10 years in prison.
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While the Commonwealth doesn't use the phrase " statutory rape ," the criminal act is essentially the same. There are two separate "statutory rape" crimes in Virginia.
The first statute deals with carnal knowledge of a child between 13 and 15 years of age. Essentially if you are 18 years of age or older and have sex with a 13 or 14 year old minor, it's a Class 4 felony and punishable by 2-10 years and up to $100,000 fine.
The second statute deals with someone 18 years old or older having sex with someone age 15, 16, or 17 years of age. That's a class one misdemeanor and punishable with up to one year in jail and a $2,500.00 fine.
Virginia's prohibited consensual sexual activity laws are itemized below. See FindLaw's Sex Crimes section for related topics.
18.2-62 Testing for HIV may be requested following arrest for crime involving sexual assault or §§18.2-361 , 18.2-366 , 18.2-370 , et seq.
Indecent Exposure: §18.2-387 , Class 1 misdemeanor
Statutory Rape: §18.2-63 , §18.2-371
Note: Virginia laws regarding sex crimes are constantly changing. The laws are complex, and not something you want to try to defend yourself against on your own. Contact a Virginia sex crimes lawyer or conduct your own legal research to verify the state law(s) you are researching.
While consensual sex is by definition not an act of assault against another, states do have certain laws protecting minors and the public. If you've been charged with violating Virginia prohibited consensual sexual activity laws, or any other sex-related crime, it's in your best interest to contact an experienced sex crime attorney near you today.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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HIV Exposure and Compelled Testing for Offenders
Other Crimes Relating to Consensual Sex Acts

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