Double your impact! Your donation today will be matched by a fellow supporter! Donate now. donate.rainn.org

Statutes of Limitations

Sexual Offense Statutes

Va. Code § 18.2-61 Rape

  • Sexual intercourse (regardless if victim is spouse) against victim’s will, by force, threat, or intimidation or through victim’s mental incapacity or physical helplessness; or
  • Sexual intercourse with a child under the age of 13
  • Felony—a violation of this section shall be punishable by confinement in a state correctional facility for life or for any term not less than 5 (including minimum sentences for rapes involving a child under 13)

Va. Code § 18.2-63 Carnal knowledge of child between 13 and 15

  • Class 4 felony
  • Any person who carnally knows, without the use of force, a child 13 or older but under 15, who consents to sexual intercourse and the accused is a minor and such consenting adult is 3 years or more the accused’s junior, the accused shall be guilty of a Class 6 felony
  • If such consenting child is less than 3 years the accused’s junior, the accused shall be guilty of Class 4 misdemeanor
  • For this section, a child under 13 shall not be considered a consenting child

Va. Code § 18.2-64.1 Carnal knowledge of certain minors without the use of force

  • Applies to minors at least 15 who have been confined or detained in jail, detained in any facility mentioned in Va. Code § 16.1-249, or committed to the custody of the State Department of Juvenile Justice
  • Class 6 felony

Va. Code § 18.2-64.2 Carnal knowledge of an inmate, parolee, probationer, detainee, or pre-trial or post-trial offender without the use of force, threat, or intimidation

  • Applies if offender is an employee of or volunteer with a state or local correctional facility or regional jail, the Department of Corrections, Department of Juvenile Justice, a secure facility or detention home, a state or local court services unit, or a community-based probation agency or pretrial services agency, and is in a position of authority over victim
  • Class 6 felony

Va. Code § 18.2-67.1 Forcible sodomy

  • Victim is less than 13 or act is accomplished against will of victim by force, threat, or intimidation or through victim’s mental incapacity or physical helplessness
  • Felony

Va. Code § 18.2-67.2 Object sexual penetration

  • Victim is less than 13 or act is accomplished against victim’s will by force, threat, or intimidation, or through victim’s mental incapacity or physical helplessness
  • Felony

Va. Code § 18.2-67.3 Aggravated sexual battery

  • Victim is sexually abused and victim is less than 13 or act is accomplished through the use of the victim’s mental incapacity or physical helplessness; or
  • Offense is committed by a parent, step-parent, grandparent, or step-grandparent and victim is 13 but less than 18; or
  • Act is accomplished against the will of victim by force, threat, or intimidation; and
  • Victim is at least 13 but less than 15
  • Felony

Va. Code § 18.2-67.4 Sexual battery

  • Accused is guilty of sexual battery if he sexually abuses:
  • (1) Victim against her will by force, threat, intimidation or ruse; or
  • (2) Victim is an inmate and accused has position of authority over inmate
  • Class 1 misdemeanor

Va. Code § 18.2-67.4:1 Infected sexual battery

  • the intent to transmit the infection - Class 6 Felony
  • Applies when offender is aware that offender is infected with HIV, syphilis, or hepatitis B, and engages in sexual penetration with victim without having previously disclosed the existence of his infection to the victim - Class 1 misdemeanor

Va. Code § 18.2-67.4:2  Sexual abuse of a child under 15; Class 1 misdemeanor

  • Any adult who commits an act of sexual abuse with any child 13 or older but under 15

Va. Code § 18.2-67.5 Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery

  • Attempted rape, attempted forcible sodomy, and attempted object sexual penetration are class 4 felonies
  • Attempted aggravated sexual battery is a class 6 felony
  • Attempted sexual battery is a class 1 misdemeanor

Va. Code § 18.2-67.5:1 Punishment upon conviction of third misdemeanor offense

  • When a person is convicted of sexual battery (§ 18.2-67.4), attempted sexual battery (§ 18.2-67.5(c)), consensual intercourse with a child (§ 18.2-387) and the person has been convicted within the 10-year period immediately preceding the offense charged of two or more of the offenses specified, each such offense occurring on a different date, he shall be guilty of a Class 6 felony

Va. Code § 18.2-366 Adultery and fornication by persons forbidden to marry; incest

  • Class 5 felony if offender commits incest with offender’s child, grandchild, or parent
  • Class 3 felony if offender commits incest with offender’s child or grandchild, and such child or grandchild is at least 13 but under 18
  • Otherwise, class 1 misdemeanor

Va. Code § 18.2-370 Taking indecent liberties with children under 15; penalties

  • Class 4 felony if offender has previously been convicted under this section
  • Otherwise, class 5 felony including for any person who with lascivious intent, knowingly and intentionally receives money for enticing any person under 18 to perform in or be subject of a sexually explicit visual material

Va. Code § 18.2-370.1 Taking indecent liberties with child by person in custodial or supervisory relationship

  • Class 5 felony if offender has previously been convicted under this section
  • Otherwise,  class 6 felony

Va. Code § 18.2-370.6 Penetration of mouth of child under 13 with lascivious intent

  • Class 1 misdemeanor

 

STATUTE OF LIMITATIONS

No statute of limitations for any felony

Va. Code Ann. § 19.2-8 Limitation of prosecutions

  • For any misdemeanor listed at left, within one year after commission of the offense
  • Does not apply to any person fleeing from justice or concealing himself within or without the Commonwealth

 

DNA EXCEPTION

None Specified

 

 


Legal Disclaimer
For reprint permission, please contact RAINN's Policy Manager, Rebecca O'Connor, at policy@rainn.org. Last updated: February 2014.
RAINN (Rape Abuse and Incest National Network) provides general information that is intended, but not guaranteed, to be correct and up-to-date. The information is not presented as a source of legal advice. You should not rely, for legal advice, on statements or representations made by RAINN. If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney. RAINN does not assume any responsibility for actions or non-actions taken by people who have used this information, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed. RAINN does not endorse, guarantee or warranty the accuracy, reliability or thoroughness of any referenced information, product or service.

National Sexual Assault Hotline | 1.800.656.HOPE(4673) | Free. Confidential. 24/7.

© RAINN 2009 | 1220 L Street NW, Suite 505, Washington, DC 20005 | 202-544-1034 | info@rainn.org
1.800.656.HOPE(4673) | CFC#10488 | Privacy Policy | Federal Funding Disclaimer