Virginia SB 42: Aggravated sexual battery; penalty.

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2020 SESSION

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CHAPTER 1003 

An Act to amend and reenact � 18.2-67.3 of the Code of 
Virginia, relating to aggravated sexual battery; penalty. 

[S 42] 

Approved April 9, 2020 

Be it enacted by the General Assembly of Virginia:

1. That � 18.2-67.3 of the Code of Virginia is amended and 
reenacted as follows:

� 18.2-67.3. Aggravated sexual battery; penalty.

A. An accused shall be 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'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 � 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 �� 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 � 
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.

2. That the provisions of this act may result in a net 
increase in periods of imprisonment or commitment. Pursuant to � 30-19.1:4 of 
the Code of Virginia, the estimated amount of the necessary appropriation 
cannot be determined for periods of imprisonment in state adult correctional 
facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the 
Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of 
$50,000. Pursuant to � 30-19.1:4 of the Code of Virginia, the estimated amount 
of the necessary appropriation cannot be determined for periods of commitment 
to the custody of the Department of Juvenile Justice.