Statutes of Limitations

Sexual Offense Statutes

Va. Code § 18.2-61 Rape

  • 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

Va. Code § 18.2-64.1 Carnal knowledge of certain minors

  • 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

  • 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

  • Felony

Va. Code § 18.2-67.2 Object sexual penetration

  • Felony

Va. Code § 18.2-67.3 Aggravated sexual battery

  • Felony

Va. Code § 18.2-67.4 Sexual battery

  • 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

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 (§ 18.2-371) 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; penalties

  • Class 4 felony if offender has previously been convicted under this section
  • Otherwise, class 5 felony

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 with lascivious intent

  • Class 1 misdemeanor



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



None Specified



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