US Lawyer Database

§ 18.2-67.8. Closed preliminary hearings

In preliminary hearings for offenses charged under this article or under §§ 18.2-361, 18.2-366, 18.2-370 or § 18.2-370.1, the court may, on its own motion or at the request of the Commonwealth, the complaining witness, the accused, or their counsel, exclude from the courtroom all persons except officers of the court and persons whose presence, […]

§ 18.2-67.9:1. Use of a certified facility dog for testimony in a criminal proceeding

A. As used in this section, “certified facility dog” means a dog that (i) has completed training and been certified by a program accredited by Assistance Dogs International or by another assistance dog organization that is a member of an organization whose main purpose is to improve training, placement, and utilization of assistance dogs and […]

§ 18.2-67.10. General definitions

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 […]

§ 18.2-67.7. Admission of evidence (Supreme Court Rule 2:412 derived from this section)

A. In prosecutions under this article, or under clause (iii) or (iv) of § 18.2-48, 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion evidence of the complaining witness’s unchaste character or prior sexual conduct shall not be admitted. Unless the complaining witness voluntarily agrees otherwise, evidence of specific instances of his or her prior sexual […]

§ 18.2-67.3. Aggravated sexual battery; penalty

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 […]

§ 18.2-67.4. Sexual battery

A. An accused is guilty of sexual battery if he sexually abuses, as defined in § 18.2-67.10, (i) the complaining witness against the will of the complaining witness, by force, threat, intimidation, or ruse, (ii) within a two-year period, more than one complaining witness or one complaining witness on more than one occasion intentionally and […]

§ 18.2-67.4:1. Infected sexual battery; penalty

A. Any person who is diagnosed with a sexually transmitted infection and engages in sexual behavior that poses a substantial risk of transmission to another person with the intent to transmit the infection to that person and transmits such infection to that person is guilty of a Class 6 felony. B. Nothing in this section […]