Virginia
Virginia Age of Consent Laws: Statutes, Penalties and Reporting
Independently fact-checked against primary sources (last audited September 30, 2026). · 32 primary sources cited on this page. How we verify our legal content

Virginia's general age-based sexual offenses protect a child under 18 against a person 18 or older (Va. Code 18.2-371(ii)), and the structure is tiered by age: rape and aggravated sexual battery for a child under 13 (18.2-61, 18.2-67.3), carnal knowledge of a child 13 or 14 (18.2-63) and taking indecent liberties with a child under 15 (18.2-370), with separate offenses for family and custodial relationships up to age 18.
To report a concern: if a child is in immediate danger, call 911. The Virginia Department of Social Services lists a 24-hour, toll-free CPS Hotline at (800) 552-7096 on its official page. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.
Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.
This page covers Virginia's criminal statutes on sexual offenses involving minors, mainly Title 18.2 of the Code of Virginia (chapter 4 on crimes against the person, chapter 8 on crimes involving morals and decency) and the sex offender registry provisions of Title 9.1. Federal law is summarized on the age of consent laws by state hub. The text was read on the official Virginia Legislative Information System (law.lis.virginia.gov) on 2026-09-30.
This page describes the main age-based sexual offense statutes. Other Virginia statutes also protect minors, and one of them can apply even where none of the offenses described here does.
How Virginia law protects minors by age
Virginia sets several age lines: 13, 15 and 18. The table summarizes the main provisions.
| Person protected | Actor | Offense | Provision and grade |
|---|---|---|---|
| Under 13 | Any person | Rape | 18.2-61(A)(iii), life or not less than five years |
| Under 13 | Any person | Aggravated sexual battery | 18.2-67.3(A)(1), felony, 1 to 20 years |
| 13 or 14 | Any person; without force | Carnal knowledge | 18.2-63(A), Class 4 felony |
| 13 or 14 | Accused is a minor; consenting child three years or more junior, or less than three years junior | Carnal knowledge | 18.2-63(B), Class 6 felony or Class 4 misdemeanor (grading only; the offense remains) |
| Under 15 | Person 18 or over, with lascivious intent | Taking indecent liberties | 18.2-370(A), Class 5 felony |
| 13 or 14 | Adult, with lascivious intent | Sexual abuse of a child under 15 | 18.2-67.4:2, Class 1 misdemeanor |
| 15 to 17 | Person 18 or older; child who is not the actor's child or grandchild | Consensual sexual intercourse or listed acts | 18.2-371(ii), Class 1 misdemeanor |
| 13 to 17 | Parent, step-parent, grandparent or step-grandparent | Aggravated sexual battery | 18.2-67.3(A)(3), felony, 1 to 20 years |
| Under 18 (not emancipated) | Person 18 or older in a custodial or supervisory relationship | Taking indecent liberties | 18.2-370.1, Class 6 felony |
Under 13
Section 18.2-61(A)(iii) provides that a person who has sexual intercourse "with a child under age 13 as the victim" is guilty of rape. Section 18.2-67.3(A)(1) provides that an accused is guilty of aggravated sexual battery if he or she sexually abuses the complaining witness and "The complaining witness is less than 13 years of age." Forcible sodomy under 18.2-67.1(A)(1) and inanimate or animate object sexual penetration under 18.2-67.2(A)(1) apply where "The complaining witness is less than 13 years of age." Sexual abuse is defined in 18.2-67.10.
Ages 13 and 14
Section 18.2-63(A) provides: "If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony." Sexual abuse of a child in that age range by an adult with lascivious intent is a Class 1 misdemeanor under 18.2-67.4:2.
Under 15: taking indecent liberties
Section 18.2-370(A) provides that "Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony," followed by the acts the section lists, which include exposure, proposals and enticement. A second or subsequent conviction is a Class 4 felony on the conditions in subsection C. Section 18.2-370.6 separately makes it a Class 1 misdemeanor for a person 18 or older to kiss a child under 13 on the mouth with lascivious intent while knowingly and intentionally penetrating the child's mouth with the tongue.
Ages 15 to 17
Section 18.2-371(ii) provides that an adult who "engages in consensual sexual intercourse or anal intercourse with or performs cunnilingus, fellatio, or anilingus upon or by a child 15 or older" who is not the actor's child or grandchild is guilty of a Class 1 misdemeanor. The section applies to "Any person 18 years of age or older," and a child in this context is a person younger than 18 (see the definitions section, 16.1-228). The section was amended by 2026 c. 873, effective July 1, 2026, in clause (i); the enrolled text shows clause (ii) unchanged.
Family and custodial relationships up to age 18
- Parents, step-parents, grandparents and step-grandparents. Section 18.2-67.3(A)(3) makes it aggravated sexual battery where "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." Under 18.2-370(D), a parent, step-parent, grandparent or step-grandparent who violates 18.2-370 or 18.2-370.1(A)(v) or (vi) upon his or her child, step-child, grandchild or step-grandchild who is at least 15 but less than 18 is guilty of a Class 5 felony, and where the child is under 15 a Class 4 felony.
- Incest and related sexual conduct. Section 18.2-366(B) makes sexual intercourse with a daughter, granddaughter, son, grandson, father or mother a Class 5 felony, and provides that where "a parent or grandparent engages in sexual intercourse with his child or grandchild, and such child or grandchild is at least 13 years of age but less than 18 years of age at the time of the offense, such parent or grandparent is guilty of a Class 3 felony." Under subsection C, parent includes stepparent, grandparent includes step-grandparent, child includes a stepchild and grandchild includes a step-grandchild. Section 18.2-361(B) applies the same Class 3 grade to the listed acts by a parent or grandparent with a child or grandchild at least 13 but less than 18.
- Custodial or supervisory relationship. Section 18.2-370.1(A) applies to "Any person 18 years of age or older who, except as provided in § 18.2-370, maintains a custodial or supervisory relationship over a child under the age of 18" who is not emancipated, and who, with lascivious intent, knowingly and intentionally commits the acts the section lists, including sexually abusing the child as defined in subdivision 6 of 18.2-67.10. It is a Class 6 felony, and a second or subsequent conviction is a Class 5 felony.
- Persons providing services to juveniles. Section 18.2-64.1 makes it a Class 6 felony for a person providing services, paid or unpaid, to juveniles to carnally know, without the use of force, a minor 15 or older who is confined or detained in jail, is detained in a facility listed in 16.1-249 or has been committed to the custody of the Department of Juvenile Justice, knowing or having good reason to believe that the minor is in that status, is a ward of the Department, or is on probation, furlough or leave from, or has escaped or absconded from, that confinement, detention or custody.
How the age-gap provisions work
Virginia's three-year provision is a grading rule. Section 18.2-63(B) applies where the accused is a minor and the child is 13 or 14 and consents: "the accused shall be guilty of a Class 6 felony" if the child is three years or more the accused's junior, and "a Class 4 misdemeanor" if the child is less than three years junior. The statute directs that the actual dates of birth be used. The offense remains in both cases; the subsection lowers the grade from the Class 4 felony that applies to other accused persons. It is not a defense.

Other provisions use age differences as an element or as a penalty tier. Section 18.2-374.1(C1) imposes a five-year mandatory minimum where the person is at least seven years older than a subject under 15, and 18.2-374.3(D) applies to soliciting a child 15 to under 18 where the person is at least seven years older. Sections 18.2-370(A) and 18.2-371(ii) apply to an actor 18 or older. A separate offense, 18.2-370.01, makes it a Class 1 misdemeanor for a child over 13 but under 18 to knowingly expose sexual or genital parts, with lascivious intent, to a child under 14 who is five or more years younger by actual dates of birth.
Other Virginia statutes that protect minors
The following additional statutes apply to minors and can apply even where none of the offenses above does.
- Commercial sex and trafficking. Section 18.2-346.01 makes soliciting prostitution from a minor 16 or older a Class 6 felony and from a minor younger than 16 a Class 5 felony. Section 18.2-357.1(C) makes it a Class 3 felony for an adult to violate subsection A with a person under 18. Section 18.2-355(4) (pandering, taking a minor into or causing a minor to enter a bawdy place for purposes of prostitution) is a Class 3 felony. Section 18.2-356.1 (purchasing or selling of minors) is a Class 5 felony. Section 18.2-48(iii) and (v) (abduction of a child under 16 for concubinage or prostitution, or of any minor for the purpose of manufacturing child pornography) is a Class 2 felony.
- Child sexual abuse material. Section 18.2-374.1 covers accosting, enticing or soliciting a person under 18 to perform in or be the subject of child pornography and related production and distribution: not less than five nor more than 30 years where the subject is under 15, and not less than one nor more than 20 years where the subject is at least 15 but under 18. Section 18.2-374.1:1 covers possession (a Class 6 felony; a Class 5 felony for a second or subsequent possession) and reproduction or distribution (5 to 20 years).
- Electronic solicitation. Section 18.2-374.3 applies where a person 18 or older uses a communications system to solicit, with lascivious intent, a child the person knows or has reason to believe is younger than 15 (Class 5 felony; five to 30 years with a five-year mandatory minimum where the person is at least seven years older), or a child 15 to under 18 where the person is at least seven years older (Class 5 felony under subsection D).
- Grooming materials and obscene material. Section 18.2-374.4 makes it a Class 6 felony for a person 18 or older to display obscene material, child pornography or a grooming video or materials to a child younger than 13 with lascivious intent.
- Sexual extortion. Section 18.2-59.1 is a Class 5 felony generally; an adult who violates subsection A (threats involving nude or obscene images) with a person under 18, or subsection B (threats of eviction, loss of housing, property damage or financial loss) with a person under 15, is guilty of a felony punishable by 1 to 20 years and a fine of not more than $100,000.
Penalties
Virginia grades most of these offenses by felony or misdemeanor class. The class ranges come from 18.2-10 and 18.2-11.
| Offense | Penalty as stated |
|---|---|
| Rape, child under 13 (18.2-61(B)) | Confinement for life or any term not less than five years. Mandatory minimum of life where the indictment alleges the offender was 18 or older; mandatory minimum of 25 years where the offender is more than three years older and the offense is part of a specified course of conduct; a suspended sentence of no less than 40 years is added where the offender is more than three years older and the term is less than life |
| Forcible sodomy or object penetration, victim under 13 (18.2-67.1(B), 18.2-67.2(B)) | Life or any term not less than five years; mandatory minimum of life where the indictment alleges the offender was 18 or older |
| Aggravated sexual battery (18.2-67.3(B)) | Felony, not less than one nor more than 20 years and a fine of not more than $100,000 |
| Carnal knowledge, 13 or 14 (18.2-63(A)) | Class 4 felony: 2 to 10 years and a fine of not more than $100,000 |
| Carnal knowledge, accused a minor (18.2-63(B)) | Class 6 felony (1 to 5 years, or jail up to 12 months and a fine up to $2,500, either or both) where the child is three years or more junior; Class 4 misdemeanor (fine of not more than $250) where less than three years junior |
| Indecent liberties, child under 15 (18.2-370(A)) | Class 5 felony: 1 to 10 years, or jail up to 12 months and a fine up to $2,500, either or both; Class 4 felony for a second or subsequent conviction on the conditions in subsection C; Class 4 felony where a parent, step-parent, grandparent or step-grandparent acts on a child under 15 (370(D)) |
| Custodial or supervisory relationship (18.2-370.1) | Class 6 felony; Class 5 felony for a second or subsequent conviction |
| Adult with a child 15 or older (18.2-371(ii)) | Class 1 misdemeanor: jail up to 12 months and a fine up to $2,500, either or both |
| Incest and 18.2-361(B), parent or grandparent, child 13 to under 18 | Class 3 felony: 5 to 20 years and a fine of not more than $100,000 |
| Sexual abuse of a child 13 or 14 by an adult (18.2-67.4:2) | Class 1 misdemeanor |
| Commercial sex trafficking, adult with a person under 18 (18.2-357.1(C)) | Class 3 felony |
The felony classes stated in 18.2-10 are: Class 2, life or not less than 20 years and a fine of not more than $100,000; Class 3, 5 to 20 years and a fine of not more than $100,000; Class 4, 2 to 10 years and a fine of not more than $100,000; Class 5, 1 to 10 years, or jail up to 12 months and a fine up to $2,500; Class 6, 1 to 5 years, or jail up to 12 months and a fine up to $2,500.
Sex offender registration
Registration is governed by Title 9.1. Section 9.1-902 sorts offenses into tiers, and the tier decides the registration duty under 9.1-908 and the right to petition for removal under 9.1-910.
- Tier III includes 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, 18.2-370.1 and 18.2-374.1, and clauses (ii) and (iii) of 18.2-48. Section 9.1-902 also lists "subsection A of § 18.2-63 where the perpetrator is more than five years older than the victim" as a Tier III offense. A person convicted of any Tier III offense has "a continuing duty to reregister or verify his registration information for life."
- Tier II includes 18.2-64.1, subsection C of 18.2-374.1:1 and subsections C, D and E of 18.2-374.3.
- Tier I includes 18.2-63 "unless registration is required pursuant to subdivision 1 of the definition of Tier III offense," subsections A and B of 18.2-374.1:1, 18.2-370.6, any felony violation of 18.2-346.01, 18.2-357.1(C), 18.2-355(4), subsection B of 18.2-374.3, and clause (i) of 18.2-48 where the victim is a minor. Section 18.2-67.4:2 is listed only as a third or subsequent conviction. Where the victim is a minor, 18.2-366 and 18.2-361 are Tier I. Under subdivision 2 of the Tier III definition, 18.2-63, 18.2-64.1, subsection C of 18.2-374.1:1 and, where the victim is a minor, 18.2-361 and 18.2-366 become Tier III offenses where the person has been convicted or adjudicated delinquent of two or more of the listed offenses and was at liberty between them.
- Relief. Under 9.1-910, a person required to register for a single Tier I offense may petition the court no earlier than 15 years from the later of initial registration or the date of the last conviction for a violation of 18.2-472.1 or any felony, and a person required to register for a single Tier II offense no earlier than 25 years. A person convicted of a Tier III offense, of two or more offenses for which registration is required, of former 18.2-67.2:1 or of murder may not petition.
- Juveniles. Under 9.1-902(D), "Juveniles adjudicated delinquent shall not be required to register," except that where the offender is a juvenile over 13 at the time of the offense who is adjudicated delinquent on or after July 1, 2005, of an offense for which registration is required, the court may, on motion of the attorney for the Commonwealth, find that the circumstances of the offense require registration, considering the factors the section lists including the difference in ages.
Recent changes
The history line of each cited section was read on 2026-09-30. According to the Legislative Information System bill pages, 2026 chapters 873 (SB 18), 348 (SB 778) and 539 (HB 629) were approved by the Governor with an effective date of July 1, 2026.
- 2026, c. 873 (SB 18): amended 18.2-371 by adding clause (i)(a) (causing a child younger than 11 to commit an act that would be delinquent if committed by a child 11 or older) and clause (i)(c) (causing a child to participate in or become a member of a criminal street gang), and amended related juvenile delinquency provisions. The enrolled chapter text shows clause (ii) unchanged.
- 2026, c. 348 (SB 778): amended 18.2-374.4 so that it covers the display of any obscene item or material, not only child pornography or a grooming video or materials, by a person 18 or older to a child younger than 13 with lascivious intent (Class 6 felony).
- 2026, c. 539 (HB 629): amended 18.2-59.1 (sexual extortion); a threat under the section that does not result in the sexual act is attempted sexual extortion, punished as prescribed in 18.2-26.
- 2025, c. 261: the latest history entry of 18.2-374.3. The current text has the age elements described above.
How to report
If a child is in immediate danger, call 911. The Virginia Department of Social Services child protective services page lists a 24-hour, toll-free CPS Hotline at (800) 552-7096. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.
Disclaimer
This page is general legal information about Virginia criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Virginia.
Related articles
Frequently Asked Questions
Does Virginia use an age difference between the two people?
In one main provision. Section 18.2-63(B) applies where the accused is a minor and the consenting child is 13 or 14: three years or more the accused's junior is a Class 6 felony and less than three years is a Class 4 misdemeanor, calculated from actual dates of birth. It changes the grade of the offense and does not remove the offense. Other provisions use a set actor age (18 or older in 18.2-370(A) and 18.2-371(ii)) or a seven-year difference (18.2-374.1 and 18.2-374.3).
What does 'custodial or supervisory relationship' cover in Virginia?
Section 18.2-370.1(A) applies to a person 18 or older who maintains a custodial or supervisory relationship over a child under 18 who is not emancipated and who, with lascivious intent, knowingly and intentionally commits one of the acts the section lists.
Where can the Virginia statute text be found?
The Code of Virginia is published by the Virginia Legislative Information System at law.lis.virginia.gov. Title 18.2, chapter 4 contains the sexual assault offenses, chapter 8 the offenses involving prostitution, family offenses and obscenity, and Title 9.1 the registry provisions.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Virginia, Title 18.2: Crimes and Offenses Generally
§ 18.2-63Carnal knowledge of child between thirteen and fifteen years of ageIn forcecited in 3 of our articles
A. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony. B. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age who consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be guilty of a Class 4 misdemeanor. In calculating whether such child is three years or more a junior of the accused minor, the actual dates of birth of the child and the accused, respectively, shall be used. C. For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 30 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- John Wilkes Trent, Sr. v. Commonwealth of Virginia (Court of Appeals of Virginia 2017)“…im 13-14, in violation of Va. Code § 18.2-63 because the…”
- Doe v. Virginia Department of State Police (Court of Appeals for the Fourth Circuit 2013, 713 F.3d 745)“…ithout the use of force” on the part of the offender. See Va.Code § 18.2-63. Not long ago, we determined that this…”
- United States v. Vann (Court of Appeals for the Fourth Circuit 2011, 660 F.3d 771)“…443, 444 (4th Cir. 2009) (alteration in original) (quoting Va. Code Ann. § 18.2-63). In Thornton, the government maintaine…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Age of Consent Laws by State: Statutes, Protections and Reporting, Virginia Sexting Laws: Legal Consequences and Penalties
§ 18.2-61RapeIn forcecited in 2 of our articles
A. If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness's mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape. B. A violation of this section shall be punishable, in the discretion of the court or jury, by confinement in a state correctional facility for life or for any term not less than five years; and in addition: 1.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Marshall v. Commonwealth (Court of Appeals of Virginia 1987, 5 Va. App. 248)“…niously and unlawfully rape ... [the victim], age thirteen. Va.Code § 18.2-61. [14] At that jury trial the Commonw…”
- KEELEY (Board of Immigration Appeals 2017, 27 I. & N. Dec. 146)“…Utah Code Ann. §§ 76-5-402, -402.1, -402.2, -402.3 (1996); Va. Code Ann. § 18.2-61 (Michie 1996); Wash. Rev. Code §§ 9A.44…”
- Brzonkala v. Virginia Polytechnic Institute & State University (Court of Appeals for the Fourth Circuit 1999, 169 F.3d 820)“…se prosecution might cover the attacks on her. See, e.g., Va.Code Ann. § 18.2-61 (rape); Va.Code Ann. § 18.2-67.3 (aggra…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-67.3Aggravated sexual battery; penaltyIn forcecited in 2 of our articles
A. An accused 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Savage v. County of Stafford, Va. (District Court, E.D. Virginia 2010, 754 F. Supp. 2d 809)“…was aggravated sexual battery — a felony. See Va. Code § 18.2-67.3 (“[a]n accused shall be guilty of aggra…”
- Christy Brzonkala v. Virginia Polytechnic Institute and State University Antonio J. Morrison James Landale Crawford, and Cornell D. Brown William E. Landsidle, in His Capacity as Comptroller of the Commonwealth, Law Professors Virginians Aligned Against Sexual Assault the Antidefamation League Center for Women Policy Studies the Dc Rape Crisis Center Equal Rights Advocates the Georgetown University Law Center Sex Discrimination Clinic Jewish Women International the National Alliance of Sexual Assault Coalitions the National Coalition Against Domestic Violence the National Coalition Against Sexual Assault the National Network to End Domestic Violence National Organization for Women Northwest Women's Law Center the Pennsylvania Coalition Against Domestic Violence, Incorporated Virginia National Organization for Women Virginia Now Legal Defense and Education Fund, Incorporated Women Employed Women's Law Project Women's Legal Defense Fund Independent Women's Forum Women's Freedom Network, Amici Curiae. United States of America, Intervenor-Appellant, and Christy Brzonkala v. Antonio J. Morrison James Landale Crawford, and Virginia Polytechnic Institute and State University Cornell D. Brown William E. Landsidle, in His Capacity as Comptroller of the Commonwealth, Law Professors Virginians Aligned Against Sexual Assault the Antidefamation League Center for Women Policy Studies 2 the Dc Rape Crisis Center Equal Rights Advocates the Georgetown University Law Center Sex Discrimination Clinic Jewish Women International the National Alliance of Sexual Assault Coalitions the National Coalition Against Domestic Violence the National Coalition Against Sexual Assault the National Network to End Domestic Violence National Organization for Women Northwest Women's Law Center the Pennsylvania Coalition Against Domestic Violence, Incorporated Virginia National Organization for Women Virginia Now Legal Defense and Education Fund, Incorporated Women Employed Women's Law Project Women's Legal Defense Fund Independent Women's Forum Women's Freedom Network, Amici Curiae (Court of Appeals for the Fourth Circuit 1999, 169 F.3d 820)“…attacks on her. See, e.g., Va.Code Ann. § 18.2-61 (rape); Va.Code Ann. § 18.2-67.3 (aggravated sexual battery); Va.Code A…”
- United States v. Akeem Al-Muwwakkil (Court of Appeals for the Fourth Circuit 2020, 983 F.3d 748)“…The accused uses or threatens to use a dangerous weapon. Va. Code Ann. § 18.2-67.3(A) (Repl. Vol. 2006). Over Davi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-371Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infantIn forcecited in 2 of our articles
Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition that (a) causes a child younger than 11 years of age to commit an act that would be delinquent if committed by a child 11 years of age or older; (b) renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in § 16.1-228; or (c) causes any child to participate in or become a member of a criminal street gang in violation of Article 2.1 (§ 18.2-46.1 et seq.) of Chapter 4 or (ii) engages in consensual sexual intercourse or anal intercourse with or performs cunnilingus, fellatio, or anilingus upon or by a child 15 or older not his spouse, child, or grandchild is guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting §§ 18.2-18 and 18.2-19, Article 2.1 (§ 18.2-46.1 et seq.) of Chapter 4, and §§ 18.2-61, 18.2-63, and 18.2-347.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- United States v. Rodriguez-Guzman (Court of Appeals for the Ninth Circuit 2007)“…entices or coerces vic- tim to participate); Virginia (18), Va. Code Ann. § 18.2-371; Wisconsin (18), Wis. Stat. Ann. § 948.…”
- Ricardo Prudencio v. Eric Holder, Jr. (Court of Appeals for the Fourth Circuit 2012, 669 F.3d 472)“…ndchild, shall be guilty of a Class 1 misdemeanor. Va. Code § 18.2-371. In considering DHS’s request for re…”
- Amanda Smith v. R. Ray (Court of Appeals for the Fourth Circuit 2015, 781 F.3d 95)“…emeanor of contributing to the delinquency of a minor, see Va. Code § 18.2-371; Smith, 409 Fed. App’x at 648, 2011 WL…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-10Punishment for conviction of felony; penaltyIn forcecited in 10 of our articles
The authorized punishments for conviction of a felony are: (a) For Class 1 felonies, imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. Any person who was 18 years of age or older at the time of the offense and who is sentenced to imprisonment for life upon conviction of a Class 1 felony shall not be eligible for (i) parole, (ii) any good conduct allowance or any earned sentence credits under Chapter 6 (§ 53.1-186 et seq.) of Title 53.1, or (iii) conditional release pursuant to § 53.1-40.01 or 53.1-40.02. (b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000. (c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000. (d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 46 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Roper v. Simmons (Supreme Court of the United States 2005, 543 U.S. 551)“…minimum age) *580 Virginia Va. Code Ann. § 18.2-10 (a) (Lexis 2004) (minimum age…”
- Coker v. Georgia (Supreme Court of the United States 1977, 433 U.S. 584)“…5); Tenn. Code Ann. §§ 39-2402 , 39-2406, 39-3702 (1975); Va. Code Ann. §§ 18.2-10 , 18.2-31 (1975). Brief for Respondent…”
- Sumner v. Shuman (Supreme Court of the United States 1987, 483 U.S. 66)“…Tit. 21, §§ 701.7, 701.9 to 701.15 (1981 and Supp. 1986); Va. Code §§ 18.2-10(a) and 18.2-31(c) (1975), amended and c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Audio Recording Laws: One-Party Consent Rules and Penalties, Hit and Run Laws in the United States (2026 Guide), Virginia Smart Glasses Recording Laws
§ 18.2-11Punishment for conviction of misdemeanorIn forcecited in 13 of our articles
The authorized punishments for conviction of a misdemeanor are: (a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. (b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both. (c) For Class 3 misdemeanors, a fine of not more than $500. (d) For Class 4 misdemeanors, a fine of not more than $250. For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Commonwealth v. White (Virginia Circuit Court 2002, 58 Va. Cir. 154)“…meanors carry a possible sentence of twelve months in jail. Va. Code § 18.2-11(a). Upon discovery of this violation…”
- Virginia v. Moore (Supreme Court of the United States 2008, 553 U.S. 164)“…le under Virginia law by a year in jail and a $2,500 fine, Va. Code Ann. §§18.2-11 (Lexis 2004), 18.2-272 (Supp. 2007), 4…”
- Richard Weidman v. Exxon Mobil Corporation (Court of Appeals for the Fourth Circuit 2015, 776 F.3d 214)“…months and a fine of not more than $2,500, either or both.” Va. Code Ann. § 18.2-11(a).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026), Virginia Surveillance Camera Laws (2026 Guide), Virginia Window Tint Laws (2026): Legal VLT Limits
§ 18.2-346.01Prostitution; solicitation; commercial exploitation of a minor; penaltiesIn force
Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts enumerated in § 18.2-346 and thereafter does any substantial act in furtherance thereof is guilty of solicitation of prostitution, which is punishable as a Class 1 misdemeanor. However, any person who solicits prostitution from a minor (i) 16 years of age or older is guilty of a Class 6 felony or (ii) younger than 16 years of age is guilty of a Class 5 felony. 2021, Sp. Sess. I, c. 188.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 18.2-355Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human traffickingIn forcecited in 2 of our articles
Any person who: (1) For purposes of prostitution or unlawful sexual intercourse, takes any person into, or persuades, encourages or causes any person to enter, a bawdy place, or takes or causes such person to be taken to any place against his or her will for such purposes; or (2) Takes or detains a person against his or her will with the intent to compel such person, by force, threats, persuasions, menace or duress, to marry him or her or to marry any other person, or to be defiled; or (3) Being parent, guardian, legal custodian or one standing in loco parentis of a person, consents to such person being taken or detained by any person for the purpose of prostitution or unlawful sexual intercourse; or (4) For purposes of prostitution, takes any minor into, or persuades, encourages, or causes any minor to enter, a bawdy place, or takes or causes such person to be taken to any place for such purposes; is guilty of pandering. A violation of subdivision (1), (2), or (3) is punishable as a Class 4 felony. A violation of subdivision (4) is punishable as a Class 3 felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 18.2-356.1Purchasing or selling of minors; exceptions; penaltiesIn force
A. Any person who offers money or other valuable thing to another for the purpose of purchasing or otherwise obtaining custody or control of a minor and thereafter does any substantial act in furtherance thereof is guilty of a Class 5 felony. B. Any parent, legal guardian, or other person having custody or control of a minor who receives any money or other valuable thing for or on account of selling or otherwise transferring custody or control of such minor, or offers to sell or otherwise transfer custody or control of such minor, is guilty of a Class 5 felony. C. The provisions of this section shall not apply to any person (i) entering into a surrogacy contract pursuant to the provisions of Chapter 9 (§ 20-156 et seq.) of Title 20, (ii) seeking to adopt a child or place his child for adoption pursuant to the provisions of Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2, or (iii) who is a person with a legitimate interest as defined in § 20-124.1 in such minor. D. A violation of this section shall constitute a separate and distinct offense.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 18.2-357.1Commercial sex trafficking; penaltiesIn force
A. Any person who, with the intent to receive money or other valuable thing or to assist another in receiving money or other valuable thing from the earnings of a person from prostitution or unlawful sexual intercourse in violation of § 18.2-346, solicits, invites, recruits, encourages, or otherwise causes or attempts to cause a person to violate § 18.2-346 is guilty of a Class 5 felony. B. Any person who violates subsection A through the use of force, intimidation, or deception is guilty of a Class 4 felony. C. Any adult who violates subsection A with a person under 18 years of age is guilty of a Class 3 felony. D. Each violation of this section constitutes a separate and distinct felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 18.2-361Crimes against nature; penaltyIn force
A. If any person carnally knows in any manner any brute animal or voluntarily submits to such carnal knowledge, he is guilty of a Class 6 felony. B. Any person who performs or causes to be performed cunnilingus, fellatio, anilingus, or anal intercourse upon or by his daughter or granddaughter, son or grandson, brother or sister, or father or mother is guilty of a Class 5 felony. However, if a parent or grandparent commits any such act with his child or grandchild and such child or grandchild is at least 13 but less than 18 years of age at the time of the offense, such parent or grandparent is guilty of a Class 3 felony. C. For the purposes of this section, parent includes step-parent, grandparent includes step-grandparent, child includes step-child, and grandchild includes step-grandchild.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Martin v. Warden, Virginia State Penitentiary (Court of Appeals of Virginia 1986, 2 Va. App. 6)“…tempt to carnally know [the alleged victim] by the mouth. Va. Code Section 18.2-361; 18.2-10. (emphasis and clarification a…”
- William MacDonald v. Tim Moose (Court of Appeals for the Fourth Circuit 2013, 710 F.3d 154)“…ther by the anus or mouth, an act commonly known as sodomy. Va.Code § 18.2-361(A). MacDonald was sentenced to ten year…”
- Adam Toghill v. Harold Clarke (Court of Appeals for the Fourth Circuit 2017, 877 F.3d 547)“…ituting an offense under § 18.2-361. Id. (emphasis added). Va. Code Ann. § 18.2-361(A) (2005), in turn, prohibited “carnall…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-366Sexual intercourse by persons forbidden to marry; incest; penaltiesIn force
A. Any person who engages in sexual intercourse with any person whom he is forbidden by law to marry is guilty of a Class 1 misdemeanor except as provided by subsection B. B. Any person who engages in sexual intercourse with his daughter or granddaughter, son or grandson, or father or mother is guilty of a Class 5 felony. However, if a parent or grandparent engages in sexual intercourse with his child or grandchild, and such child or grandchild is at least 13 years of age but less than 18 years of age at the time of the offense, such parent or grandparent is guilty of a Class 3 felony. C. For the purposes of this section, parent includes stepparent, grandparent includes step-grandparent, child includes a stepchild, and grandchild includes a step-grandchild.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2010
Opinions citing this section in our collection:
- Couch v. Jabe (District Court, W.D. Virginia 2010, 737 F. Supp. 2d 561)“…rape, 6 attempted rape, 7 incest (Va. Code § 18.2-366), 8 adultery (Va. Code § 1…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-370Taking indecent liberties with children; penaltiesIn forcecited in 3 of our articles
A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony: (1) Expose his or her sexual or genital parts to any child to whom such person is not legally married or propose that any such child expose his or her sexual or genital parts to such person; or (2) [Repealed.] (3) Propose that any such child feel or fondle his own sexual or genital parts or the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of any such child; or (4) Propose to such child the performance of an act of sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus or any act constituting an offense under § 18.2-361; or (5) Entice, allure, persuade, or invite any such child to enter any vehicle, room, house, or other place, for any of the purposes set forth in the preceding subdivisions of this subsection. B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 17 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Michael David Bailey v. Commonwealth of Virginia (Court of Appeals of Virginia 2017)“…complaining witness with lascivious intent as required by Va. Code Sec. 18.2-370, where the proposition Bailey made to “…”
- William MacDonald v. Tim Moose (Court of Appeals for the Fourth Circuit 2013, 710 F.3d 154)“…carnal knowledge of a child between thirteen and fifteen); Va.Code § 18.2-370 (prohibiting persons over eighteen from…”
- United States v. Luther Amos Beahm (Court of Appeals for the Fourth Circuit 1981, 664 F.2d 414)“…Beahm was found to have twice violated Virginia state law, Va.Code § 18.2-370(2). Those same acts become federal cri…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-370.01Indecent liberties by children; penaltyIn force
Any child over the age of thirteen years but under the age of eighteen who, with lascivious intent, knowingly and intentionally exposes his or her sexual or genital parts to any other child under the age of fourteen years who, measured by actual dates of birth, is five or more years the accused's junior, or proposes that any such child expose his or her sexual or genital parts to such person, shall be guilty of a Class 1 misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 18.2-370.1Taking indecent liberties with child by person in custodial or supervisory relationship; penaltiesIn forcecited in 2 of our articles
A. Any person 18 years of age or older who, except as provided in § 18.2-370, maintains a custodial or supervisory relationship over a child under the age of 18 and is not legally married to such child and such child is not emancipated who, with lascivious intent, knowingly and intentionally (i) proposes that any such child feel or fondle the sexual or genital parts of such person or that such person feel or handle the sexual or genital parts of the child; or (ii) proposes to such child the performance of an act of sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus or any act constituting an offense under § 18.2-361; or (iii) exposes his or her sexual or genital parts to such child; or (iv) proposes that any such child expose his or her sexual or genital parts to such person; or (v) proposes to the child that the child engage in sexual intercourse, sodomy or fondling of sexual or genital parts with another person; or (vi) sexually abuses the child as defined in subdivision 6 of § 18.2-67.10 is guilty of a Class 6 felony. B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Omar Thompson v. William Barr (Court of Appeals for the Fourth Circuit 2019, 922 F.3d 528)“…ent liberties with a child, a crime under Virginia law, see Va. Code § 18.2-370.1(A). The INA lists “sexual abuse of a m…”
- Linnon v. Clarke (District Court, E.D. Virginia 2017, 232 F. Supp. 3d 850)“…onviction here. Rather, petitioner’s convictions were under Va. Code §§ 18.2-370.1 and 18.2-370.1 (conspiring to take inde…”
- Adam Toghill v. Harold Clarke (Court of Appeals for the Fourth Circuit 2017, 877 F.3d 547)“…ere clearly enacted for that purpose. 11 Va. Code § 18.2-370.1, like the statutes of conviction in Moo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-370.6Penetration of mouth of child with lascivious intent; penaltyIn force
Any person 18 years of age or older who, with lascivious intent, kisses a child under the age of 13 on the mouth while knowingly and intentionally penetrating the mouth of such child with his tongue is guilty of a Class 1 misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 18.2-374.1Production, publication, sale, financing, etc., of child pornography; presumption as to ageIn forcecited in 4 of our articles
A. For purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, "child pornography" means sexually explicit visual material that (i) utilizes or has as a subject an identifiable minor or (ii) depicts a minor in a state of nudity or engaged in sexual conduct, as those terms are defined in § 18.2-390, where such depiction is obscene as defined in § 18.2-372. An identifiable minor is a person who was a minor at the time the visual depiction was created, adapted, or modified; or whose image as a minor was used in creating, adapting or modifying the visual depiction; and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and shall not be construed to require proof of the actual identity of the identifiable minor. For the purposes of clause (ii), the minor depicted does not have to actually exist.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- United States v. Doyle (Court of Appeals for the Fourth Circuit 2011, 650 F.3d 460)“…ld pornography as that term is defined by Virginia law. See Va. Code Ann. § 18.2-374.1(A) (2004). Instead, the picture must co…”
- United States v. Ronald Colson (Court of Appeals for the Fourth Circuit 2012, 683 F.3d 507)“…or Possession, etc. of Obscene Items Involving Children," Va. Code Ann. § 18.2-374.1(B)(2) (1984). Colson appeals his se…”
- United States v. King (District Court, District of Columbia 2023)“…ld pornography to include the “lewd exhibition of nudity,” Va. Code § 18.2-374.1(A), whereas the federal definition of c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), Virginia Pornography Laws (2026): Legal for Adults, AV Required for Sites
§ 18.2-374.1:1Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penaltyIn forcecited in 4 of our articles
A. Any person who knowingly possesses child pornography is guilty of a Class 6 felony. B. Any person who commits a second or subsequent violation of subsection A is guilty of a Class 5 felony. C. Any person who knowingly (i) reproduces by any means, including by computer, sells, gives away, distributes, electronically transmits, displays, purchases, or possesses with intent to sell, give away, distribute, transmit, or display child pornography or (ii) commands, entreats, or otherwise attempts to persuade another person to send, submit, transfer or provide to him any child pornography in order to gain entry into a group, association, or assembly of persons engaged in trading or sharing child pornography shall be punished by not less than five years nor more than 20 years in a state correctional facility. Any person who commits a second or subsequent violation under this subsection shall be punished by a term of imprisonment of not less than five years nor more than 20 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Federal courts apply Va. Code 18.2-374.1:1 through its child pornography definition. United States v. Doyle (2011) held a search warrant lacked probable cause because mere child nudity is not a lewd exhibition, and United States v. King (2023) held a conviction under the section triggers the 18 U.S.C. 2252(b)(2) mandatory minimum.
Opinions citing this section in our collection:
- United States v. Doyle (Court of Appeals for the Fourth Circuit 2011, 650 F.3d 460)✓A warrant to search Doyle's home for child pornography rested on an undated report he showed a boy pictures of nude children; the Fourth Circuit held nudity alone is not child pornography under Virginia law, and with no date for them no officer could reasonably rely on it.
- United States v. King (District Court, District of Columbia 2023)✓Indicted in 2015 on five Virginia counts under section 18.2-374.1:1, King pleaded guilty to all; a federal court held the conviction "relates to" possession of child pornography under 18 U.S.C. 2252(b)(2) despite Virginia's broader definition, so the 10-year minimum applied.
- United States v. Dallen Mauck, Jr. (Court of Appeals for the Sixth Circuit 2012, 469 F. App'x 424)✓Sentenced for transporting child pornography, Mauck argued his 2004 Virginia conviction under section 18.2-374.1:1(A) could not raise his federal mandatory minimum; the Sixth Circuit called the question serious but declined to decide it, holding any error harmless.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-374.3Use of communications systems to facilitate certain offenses involving children; penaltiesIn forcecited in 2 of our articles
A. As used in this section, "use a communications system" means making personal contact or direct contact through any agent or agency, any print medium, the United States mail, any common carrier or communication common carrier, any electronic communications system, the Internet, or any telecommunications, wire, computer network, or radio communications system. B. It is unlawful for any person to use a communications system, including computers or computer networks or bulletin boards, or any other electronic means for the purposes of procuring or promoting the use of a minor for any activity in violation of § 18.2-370 or 18.2-374.1. A violation of this subsection is a Class 6 felony. C. It is unlawful for any person 18 years of age or older to use a communications system, including computers or computer networks or bulletin boards, or any other electronic means, for the purposes of soliciting, with lascivious intent, any person he knows or has reason to believe is a child younger than 15 years of age to knowingly and intentionally: 1.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Adam Toghill v. Harold Clarke (Court of Appeals for the Fourth Circuit 2017, 877 F.3d 547)“…f sodomy from a minor under the age of 15, in violation of Va. Code Ann. § 18.2-374.3(C)(3) (2007). He argues that his convic…”
- Carlos Gomez-Ruotolo v. Merrick Garland (Court of Appeals for the Fourth Circuit 2024, 96 F.4th 670)“…h in the preceding subdivisions. Va. Code § 18.2-374.3(c) (emphasis added). Go…”
- Linnon v. Clarke (District Court, E.D. Virginia 2017, 232 F. Supp. 3d 850)“…370.1 (conspiring to take indecent liberties with a minor), Va. Code § 18.2-374.3 (using a communications system to propo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-374.4Display of obscene material, child pornography, or grooming video or materials to a child unlawful; penaltyIn force
A. Any person 18 years of age or older who displays any obscene item or material, including child pornography or a grooming video or materials to a child younger than 13 years of age with lascivious intent to entice, solicit, or encourage the child to engage in the touching or fondling of his own sexual or genital parts, the touching or fondling of the sexual or genital parts of another, or the touching or fondling of his sexual or genital parts by another, or masturbation, sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, or object sexual penetration is guilty of a Class 6 felony. B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 18.2-48Abduction with intent to extort money or for immoral purposeIn force
Abduction (i) of any person with the intent to extort money or pecuniary benefit, (ii) of any person with intent to defile such person, (iii) of any child under sixteen years of age for the purpose of concubinage or prostitution, (iv) of any person for the purpose of prostitution, or (v) of any minor for the purpose of manufacturing child pornography shall be punishable as a Class 2 felony. If the sentence imposed for a violation of (ii), (iii), (iv), or (v) includes a term of confinement less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life subject to revocation by the court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Vanegas v. Commonwealth (Court of Appeals of Virginia 1993, 17 Va. App. 451)“…st the peace and dignity of the Commonwealth of Virginia. Va. Code § 18.2-48, 18.2-61 At trial, appellant argued t…”
- United States v. Jorge Torrez (Court of Appeals for the Fourth Circuit 2017, 869 F.3d 291)“…8.2-58 and abduction with nefarious intent in violation of Va. Code § 18.2-48 on February 10, 2010, in connection wi…”
- Powell v. Kelly (District Court, E.D. Virginia 2008, 531 F. Supp. 2d 695)“…e, and attempted capital murder of Kristie, in violation of Va.Code §§ 18.2-48, -61, -31(5), -26; (iv) grand larceny,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-59.1Sexual extortion; penaltyIn force
A. Any person who maliciously threatens in writing, including an electronically transmitted communication producing a visual or electronic message, (i) to disseminate, sell, or publish a videographic or still image, created by any means whatsoever, or (ii) to not delete, remove, or take back a previously disseminated, sold, or published videographic or still image, created by any means whatsoever, (a) that depicts the complaining witness or such complaining witness's family or household member, as defined in § 16.1-228, as totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast or (b) in which the genitals, pubic area, buttocks, or female breast of such complaining witness or such complaining witness's family or household member is not exposed but such videographic or still image is obscene, as defined in § 18.2-372, with the intent to cause the complaining witness to engage in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10, and thereby engages in sexual intercourse, cunnilingus, fellatio, anilingus, anal…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 18.2-64.1Carnal knowledge of certain minorsIn force
If any person providing services, paid or unpaid, to juveniles under the purview of the Juvenile and Domestic Relations District Court Law, or to juveniles who have been committed to the custody of the State Department of Juvenile Justice, carnally knows, without the use of force, any minor fifteen years of age or older, when such minor is confined or detained in jail, is detained in any facility mentioned in § 16.1-249, or has been committed to the custody of the Department of Juvenile Justice pursuant to § 16.1-278.8, knowing or having good reason to believe that (i) such minor is in such confinement or detention status, (ii) such minor is a ward of the Department of Juvenile Justice, or (iii) such minor is on probation, furlough, or leave from or has escaped or absconded from such confinement, detention, or custody, he shall be guilty of a Class 6 felony. For the purposes of this section, "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 18.2-67.1Forcible sodomyIn force
A. An accused shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anilingus, or anal intercourse with a complaining witness whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person, and 1. The complaining witness is less than 13 years of age; or 2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness. B. Forcible sodomy is a felony punishable by confinement in a state correctional facility for life or for any term not less than five years; and in addition: 1.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Brandon Wayne Hedrick v. William Page True, Warden, Sussex I State Prison (Court of Appeals for the Fourth Circuit 2006, 443 F.3d 342)“…ilingus, fellatio, anilingus or anal intercourse" by force. Va. Code Ann. 18.2-67.1. Hedrick argues that counsel should hav…”
- Christy Brzonkala v. Virginia Polytechnic Institute and State University Antonio J. Morrison James Landale Crawford, and Cornell D. Brown William E. Landsidle, in His Capacity as Comptroller of the Commonwealth, Law Professors Virginians Aligned Against Sexual Assault the Antidefamation League Center for Women Policy Studies the Dc Rape Crisis Center Equal Rights Advocates the Georgetown University Law Center Sex Discrimination Clinic Jewish Women International the National Alliance of Sexual Assault Coalitions the National Coalition Against Domestic Violence the National Coalition Against Sexual Assault the National Network to End Domestic Violence National Organization for Women Northwest Women's Law Center the Pennsylvania Coalition Against Domestic Violence, Incorporated Virginia National Organization for Women Virginia Now Legal Defense and Education Fund, Incorporated Women Employed Women's Law Project Women's Legal Defense Fund Independent Women's Forum Women's Freedom Network, Amici Curiae. United States of America, Intervenor-Appellant, and Christy Brzonkala v. Antonio J. Morrison James Landale Crawford, and Virginia Polytechnic Institute and State University Cornell D. Brown William E. Landsidle, in His Capacity as Comptroller of the Commonwealth, Law Professors Virginians Aligned Against Sexual Assault the Antidefamation League Center for Women Policy Studies 2 the Dc Rape Crisis Center Equal Rights Advocates the Georgetown University Law Center Sex Discrimination Clinic Jewish Women International the National Alliance of Sexual Assault Coalitions the National Coalition Against Domestic Violence the National Coalition Against Sexual Assault the National Network to End Domestic Violence National Organization for Women Northwest Women's Law Center the Pennsylvania Coalition Against Domestic Violence, Incorporated Virginia National Organization for Women Virginia Now Legal Defense and Education Fund, Incorporated Women Employed Women's Law Project Women's Legal Defense Fund Independent Women's Forum Women's Freedom Network, Amici Curiae (Court of Appeals for the Fourth Circuit 1999, 169 F.3d 820)“…e); Va.Code Ann. § 18.2-67.3 (aggravated sexual battery); Va.Code Ann. § 18.2-67.1 (forcible sodomy); Va. Code Ann. § 18…”
- United States v. Akeem Al-Muwwakkil (Court of Appeals for the Fourth Circuit 2020, 983 F.3d 748)“…whether the jury was properly instructed on the elements of Va. Code Ann. § 18.2-67.1 (forcible sodomy) and Va. Code Ann. § 1…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-67.10General definitionsIn force
As used in this article: 1. "Complaining witness" means the person alleged to have been subjected to rape, forcible sodomy, inanimate or animate object sexual penetration, marital sexual assault, aggravated sexual battery, or sexual battery. 2. "Intimate parts" means the genitalia, anus, groin, breast, or buttocks of any person, or the chest of a child under the age of 15. 3. "Mental incapacity" means that condition of the complaining witness existing at the time of an offense under this article which prevents the complaining witness from understanding the nature or consequences of the sexual act involved in such offense and about which the accused knew or should have known. 4. "Physical helplessness" means unconsciousness or any other condition existing at the time of an offense under this article which otherwise rendered the complaining witness physically unable to communicate an unwillingness to act and about which the accused knew or should have known. 5.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Lewis v. Long (In re Long) (United States Bankruptcy Court, W.D. Virginia 2014, 504 B.R. 424)“…intent to sexually molest, arouse, or gratify any person. Va. Code Ann. § 18.2-67.10 (2013). A cause of action in tort for…”
- Doe 1 v. Roanoke County School Board (District Court, W.D. Virginia 2023)“…r material directly covering such intimate parts . . . .” Va. Code § 18.2-67.10(6). even for claims involving sexual…”
- Duncan v. Lee (District Court, W.D. Virginia 2020)“…8.01-249(6), incorporating definition of sexual abuse from Va. Code Ann. § 18.2-67.10—does not trigger the ten-year limitatio…”
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§ 18.2-67.2Object sexual penetration; penaltyIn force
A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and 1. The complaining witness is less than 13 years of age; or 2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness. B. Inanimate or animate object sexual penetration is a felony punishable by confinement in the state correctional facility for life or for any term not less than five years; and in addition: 1.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United States v. Akeem Al-Muwwakkil (Court of Appeals for the Fourth Circuit 2020, 983 F.3d 748)“…lements of Va. Code Ann. § 18.2-67.1 (forcible sodomy) and Va. Code Ann. § 18.2-67.2 (aggravated sexual battery). Like Al-M…”
- Haas v. Trammell (In Re Trammell) (United States Bankruptcy Court, E.D. Virginia 2008, 388 B.R. 182)“…r violating Va.Code § 18.2-371.1 (child abuse and neglect), Va.Code § 18.2-67.2 (object sexual penetration), and Va.Cod…”
- DiCaprio-Cuozzo v. Johnson (District Court, E.D. Virginia 2010, 744 F. Supp. 2d 548)“…ng witness’s mental incapacity or physical helplessness.”); Va.Code § 18.2-67.2(A) ("An accused shall be guilty of inan…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 18.2-67.4:2Sexual abuse of a child under 15 years of age; penaltyIn force
Any adult who, with lascivious intent, commits an act of sexual abuse, as defined in § 18.2-67.10, with any child 13 years of age or older but under 15 years of age is guilty of a Class 1 misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2013
Opinions citing this section in our collection:
- United States v. Carlos Perez-Perez (Court of Appeals for the Fourth Circuit 2013, 737 F.3d 950)“…ious act upon or with the body, or its parts, of a child”); Va. Code § 18.2-67.4:2 and 18.2-67.10(6) (defining “sexual abu…”
- Estrada-Espinoza v. Mukasey (Court of Appeals for the Ninth Circuit 2008)“…Utah Code Ann. § 76-5-401.1 ("Sexual abuse of a minor”); Va.Code Ann. § 18.2-67.4:2 ("Sexual abuse of a child”); Wash. Rev.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Code of Virginia, Title 16.1: Courts Not of Record
§ 16.1-228DefinitionsIn forcecited in 3 of our articles
As used in this chapter, unless the context requires a different meaning: "Abused or neglected child" means any child: 1. Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental functions, including, but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child's parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of § 18.2-248; 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Gregory Allen Marlowe v. Southwest Virginia Regional Jail Authority (Court of Appeals of Virginia 2024)“…activities of children held in lawful custody.” Va. Code Ann. § 16.1-228 (emphasis added). Id. at *19-20. The c…”
- In re McBride (Virginia Circuit Court 2002, 60 Va. Cir. 261)“…Bride is an abused or neglected child within the meaning of Va. Code § 16.1-228. With regard to Diamond, Va. Code § 16.…”
- Ashley Craig Karnes v. Campbell County Department of Social Services (Court of Appeals of Virginia 2020)“…hat father had “neglected or refused to provide care under Va. Code § 16.1-228(2) and that he abandoned [the child] un…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Child Custody Laws: 10 Best-Interests Factors and Your Rights, Virginia Restraining Order Laws (2026): How to Get a Protective Order
Code of Virginia, Title 9.1: Commonwealth Public Safety
§ 9.1-902Offenses requiring registrationIn forcecited in 2 of our articles
A. For purposes of this chapter: "Murder" means a violation of, attempted violation of, or conspiracy to violate § 18.2-31 or 18.2-32 where the victim is (i) under 15 years of age or (ii) where the victim is at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section or a violation of former § 18.1-21 where the victim is (a) under 15 years of age or (b) at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section. "Offense for which registration is required" includes: 1. Any Tier I, Tier II, or Tier III offense; 2. Murder; 3. Any offense similar to a Tier I, Tier II, or Tier III offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof; and 4. Any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Doe v. Virginia Department of State Police (Court of Appeals for the Fourth Circuit 2013, 713 F.3d 745)“…1993 conviction as one for a “[sjexually violent offense.” Va.Code § 9.1-902(E)(1). On June 25, 2010, Ms. Doe file…”
- Jane Doe v. Virginia Dep't of State Police (Court of Appeals for the Fourth Circuit 2013)“…fender and Crimes Against Minors Registry (the "Registry"), Va. Code section 9.1-902 (formerly Va. Code section 19.2-298.1),…”
- James Desper v. Harold Clarke (Court of Appeals for the Fourth Circuit 2021, 1 F.4th 236)“…obligation to register as a sex offender in Virginia. See Va. Code Ann. § 9.1-902. While on probation for that of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 9.1-908Duration of registration requirementIn force
Any person required to register, reregister, or verify his registration information shall be required to register until the duty to register, reregister, or verify his registration information is terminated by a court order as set forth in § 9.1-910, except that any person who has been convicted of (i) any Tier III offense, (ii) murder or (iii) former § 18.2-67.2:1 shall have a continuing duty to reregister or verify his registration information for life. Any period of confinement in a federal, state, or local correctional facility, hospital, or any other institution or facility during the otherwise applicable period shall toll the registration or verification period and the duty to reregister or verify his registration information shall be extended. Persons confined in a federal, state, or local correctional facility shall not be required to reregister or verify his registration information until released from custody. Persons civilly committed pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 shall not be required to reregister or verify his registration information until released from custody.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Mumford v. Bostic (District Court, W.D. Virginia 2022)“…ier III offense has a continuing duty to register for life. Va. Code § 9.1-908. In the Report and Recommendation,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 9.1-910Removal of name and information from RegistryIn force
A. Any person required to register, other than a person who has been convicted of any (i) Tier III offense, (ii) two or more offenses for which registration is required, (iii) a violation of former § 18.2-67.2:1, or (iv) murder, may petition the circuit court in which he was convicted or the circuit court in the jurisdiction where he then resides for removal of his name and all identifying information from the Registry. A person who is required to register for a single Tier I offense may petition the court no earlier than 15 years from the later of the date of initial registration or the date of his last conviction for (a) a violation of § 18.2-472.1 or (b) any felony. A person who is required to register for a single Tier II offense may petition the court no earlier than 25 years from the later of the date of initial registration or the date of his last conviction for (1) a violation of § 18.2-472.1 or (2) any felony. B. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2013
Opinions citing this section in our collection:
- Doe v. Virginia Department of State Police (Court of Appeals for the Fourth Circuit 2013, 713 F.3d 745)“…a circuit court to have her name removed from the Registry, Va.Code section 9.1-910. However, a 2008 amendment reclassified…”
- Jane Doe v. Virginia Dep't of State Police (Court of Appeals for the Fourth Circuit 2013)“…e Registry, Doe must now remain on the Reg- istry for life, Va. Code section 9.1-910(A). As an individual classified as a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Va. Code 18.2-61 (Rape)(law.lis.virginia.gov).gov
- Va. Code 18.2-63 (Carnal knowledge of child 13 to 15)(law.lis.virginia.gov).gov
- Va. Code 18.2-64.1 (Carnal knowledge of certain minors)(law.lis.virginia.gov).gov
- Va. Code 18.2-67.1 (Forcible sodomy)(law.lis.virginia.gov).gov
- Va. Code 18.2-67.2 (Object sexual penetration)(law.lis.virginia.gov).gov
- Va. Code 18.2-67.3 (Aggravated sexual battery)(law.lis.virginia.gov).gov
- Va. Code 18.2-67.4:2 (Sexual abuse of a child under 15)(law.lis.virginia.gov).gov
- Va. Code 18.2-67.10 (Sexual abuse definitions)(law.lis.virginia.gov).gov
- Va. Code 18.2-59.1 (Sexual extortion)(law.lis.virginia.gov).gov
- Va. Code 18.2-48 (Abduction)(law.lis.virginia.gov).gov
- Va. Code 18.2-346.01 (Solicitation; commercial exploitation of a minor)(law.lis.virginia.gov).gov
- Va. Code 18.2-355 (Pandering)(law.lis.virginia.gov).gov
- Va. Code 18.2-356.1 (Purchasing or selling of minors)(law.lis.virginia.gov).gov
- Va. Code 18.2-357.1 (Commercial sex trafficking)(law.lis.virginia.gov).gov
- Va. Code 18.2-361 (Crimes against nature)(law.lis.virginia.gov).gov
- Va. Code 18.2-366 (Incest)(law.lis.virginia.gov).gov
- Va. Code 18.2-370 (Taking indecent liberties with children)(law.lis.virginia.gov).gov
- Va. Code 18.2-370.01 (Indecent liberties by children)(law.lis.virginia.gov).gov
- Va. Code 18.2-370.1 (Custodial or supervisory relationship)(law.lis.virginia.gov).gov
- Va. Code 18.2-370.6 (Penetration of mouth of child)(law.lis.virginia.gov).gov
- Va. Code 18.2-371 (Causing or encouraging acts rendering children delinquent)(law.lis.virginia.gov).gov
- Va. Code 18.2-374.1 (Child pornography)(law.lis.virginia.gov).gov
- Va. Code 18.2-374.1:1 (Possession and distribution of child pornography)(law.lis.virginia.gov).gov
- Va. Code 18.2-374.3 (Use of communications systems)(law.lis.virginia.gov).gov
- Va. Code 18.2-374.4 (Display of obscene material or grooming materials to a child)(law.lis.virginia.gov).gov
- Va. Code 18.2-10 (Classification and punishment of felonies)(law.lis.virginia.gov).gov
- Va. Code 18.2-11 (Punishment for misdemeanors)(law.lis.virginia.gov).gov
- Va. Code 9.1-902 (Sex offender registry definitions)(law.lis.virginia.gov).gov
- Va. Code 9.1-908 (Registration duties)(law.lis.virginia.gov).gov
- Va. Code 9.1-910 (Petition for removal)(law.lis.virginia.gov).gov
- Va. Code 16.1-228 (Definitions)(law.lis.virginia.gov).gov
- Virginia Department of Social Services: Report child abuse(www.dss.virginia.gov).gov