Manassas Sex Crimes Lawyer

Types of Sex Crime Charges in Virginia

At Manassas Law Group, we provide comprehensive legal defense for clients facing a variety of sex offenses. Our experienced team regularly handles cases involving rape, indecent exposure, child pornography, prostitution, and a number of other related crimes.

Given the severe consequences associated with such charges, our attorneys are committed to putting up an aggressive defense and striving for the best possible outcome for your case.

Rape

Under Virginia Code § 18.2-61, rape is defined as engaging in sexual intercourse with another person against their will by force, threat, or intimidation or by exploiting the victim’s mental incapacity or physical helplessness. It also includes cases of statutory rape where the victim is under the age of 13.

Rape is a felony in Virginia and carries severe penalties, including anywhere from 5 years in prison to confinement for life.

Sexual Abuse of a Child

18.2-67.4:2 of the Code of Virginia defines the offense of sexual abuse of a child as an adult engaging in any sexual act with a child between the ages of 13 and 15. This includes any act performed with the intent to sexually gratify either party. According to the Code, anyone who engages in such behavior is guilty of a Class 1 misdemeanor, which is typically punishable by up to one year behind bars.

Carnal Knowledge of a Child

Under Virginia Code § 18.2-63, the offense of carnal knowledge of a child involves engaging in sexual intercourse, cunnilingus, fellatio, anilingus, or anal intercourse with a child between the ages of 13 and 15. This statute applies regardless of whether the act was consensual or non-consensual, as minors of this age cannot legally consent to sexual activity. In cases where the accused is a legal adult, carnal knowledge is considered a Class 4 felony (2-10 years in prison and up to $100,000 in fines).

It’s important to note that even if the accused is a minor themselves, they may still face sex crime charges under Virginia law. If the perpetrator is less than three years older than the victim, the offense may be charged as a Class 4 misdemeanor (fine of up to $250). If the perpetrator is three or more years older, it is typically charged as a Class 6 felony (1-5 years in prison and up to $2,500 in fines).

Sexual Battery

Virginia Code § 18.2-67.4 covers the offense of sexual battery. Under this statute, sexual battery is defined as sexually abusing another person by force, threat, intimidation, or ruse. It also includes the following:

• The perpetrator allegedly abused more than one victim or abused the same victim on more than one occasion within a 2-year period;
• The perpetrator is an employee or volunteer at a correctional facility/jail and the victim is an inmate in said correctional facility/jail;
• The perpetrator is an employee or volunteer at the Department of Corrections, a probation services agency, a pretrial services agency, or a jail and the victim is under such jurisdiction.

Sexual battery is classified as a Class 1 misdemeanor in Virginia, meaning those convicted face up to 1 year in jail and up to $2,500 in fines.

Aggravated Sexual Battery

As prescribed by § 18.2-67.3, aggravated sexual battery is a severe form of sexual battery that involves specific aggravating circumstances. This offense occurs when a person sexually abuses another under the following conditions:

• The victim is under 13 years old;
• The victim is mentally incapacitated or physically helpless;
• The victim is at least 13 but under 18 years old and the perpetrator is a parent, grandparent, step-parent, or custodial person.

This charge also applies if the perpetrator uses force, threat, or intimidation and:

• The victim is at least 13 but under 15 years old;
• The victim suffers serious bodily or mental injury;
• The accused uses or threatens to use a dangerous weapon.

Aggravated sexual battery is classified as a felony in Virginia, with penalties including between 1-20 years in prison and potential fines of up to $100,000.

Indecent Liberties With a Minor

The offense of taking indecent liberties with a minor involves an adult (anyone 18 years or older) engaging in lewd or lascivious acts with a child (anyone under the age of 15). Virginia Code § 18.2-370 covers the offense and includes a range of inappropriate behaviors, including:

• Exposing genitals to a minor;
• Proposing that the minor touch the perpetrator’s or their own intimate parts;
• Proposing the performance of sexual acts;
• Enticing, inviting, or persuading the minor to enter any vehicle, room, or secluded place with lascivious intent.

Indecent liberties with a minor is typically considered a Class 5 felony for a first offense, which may be punishable by up to 10 years in prison and hefty fines.

Solicitation of a Minor

Under § 18.2-374.3, solicitation of a minor in Virginia involves an adult using any form of communications system (i.e., mail, radio, computer, cell phone, etc.) to procure, promote, propose, or entice a minor to engage in sexual activities, including sexual intercourse, sexual acts, or sexually explicit conduct.

Depending on the age of the victim and the specifics of the case, this offense may be charged as either a Class 6 felony or Class 5 felony, both of which carry potentially lengthy prison terms and substantial fines.

Child Pornography

18.2-374.1:1 of the Code of Virginia covers the offense of child pornography, which involves the possession, reproduction, distribution, solicitation, or facilitation of explicit images or videos depicting minors engaged in sexual acts or lewd exhibitions.

All child pornography offenses in Virginia carry severe penalties, though the exact sentence depends on the accused’s relationship to the pornography (i.e., whether they possessed it, distributed it, created it, etc.) and whether or not it is a subsequent offense.

Possession is typically classified as a Class 6 felony for a first offense and a Class 5 felony for any second or subsequent offenses. Reproduction, distribution, solicitation, and facilitation are classified as more severe felonies, with penalties including significantly longer prison sentences and higher fines.

Indecent Exposure

Indecent exposure in Virginia is governed by Virginia Code § 18.2-387. The statute defines indecent exposure as an individual intentionally making an obscene display or exposure of his or her private parts in a public setting or anywhere in which other people are present. Note: This does NOT include breastfeeding a child.

Such an act is classified as a Class 1 misdemeanor in Virginia, which is the most serious class of misdemeanor under Virginia law and may result in up to 12 months in jail and thousands of dollars in fines.

Prostitution 

The Virginia law governing prostitution can be found in § 18.2-346 of the Code, which defines prostitution as the act of offering or engaging in sexual conduct with another person in exchange for money or other compensation. This also includes soliciting prostitution, assisting another in engaging in prostitution or arranging for such activities, often referred to as “pimping,” and visiting or maintaining a bawdy place (any place for the purposes of prostitution or lewdness).

Violations of these provisions are generally treated as Class 1 misdemeanors in Virginia. However, soliciting prostitution from a minor elevates the offense to a felony. If the minor is 16 years or older, it is considered a Class 6 felony. If the minor is younger than 16 years, the offense is considered a Class 5 felony offense.

Object Sexual Penetration

Virginia Code § 18.2-67.2 addresses the crime of object sexual penetration. This statute defines the crime as an act where any person uses an inanimate or animate object to penetrate the labia majora or anus of a person without consent. It also includes causing the alleged victim to penetrate the accused’s own body with an object, as well as causing any other person or animal to penetrate the victim.

The act must be performed without consent, including through threat, force, or intimidation, as well as scenarios where the victim is incapable of giving consent due to age, mental incapacity, or physical helplessness. Object sexual penetration is a serious felony and may result in no less than 5 years in prison and potentially even a life sentence.

In cases where the offender is over 3 years older than the victim, and the act is done in the commission of abduction, child prostitution, burglary, statutory burglary, or aggravated malicious wounding, penalties include a mandatory minimum term of 25 years in prison. If the victim was under the age of 13 and the offender was 18 years of age or older at the time of the offense, they face a mandatory minimum term of confinement for life.

Forcible Sodomy

Forcible sodomy, as prescribed by Virginia Code § 18.2-67.1, involves engaging in oral or anal sexual acts with another person against that person’s will, by force, threat, intimidation, or through the use of the victim’s mental incapacity, physical helplessness, or the fact that they are unable to consent due to their age.

Like the offense of object sexual penetration listed above, the laws governing forcible sodomy require convicted individuals to serve anywhere from 5 years to life in prison.

Attempted Rape and Other Attempted Sex Crimes

Virginia Code § 18.2-67.5 addresses attempted sex crimes, categorizing these attempts with the same seriousness as the completed acts. The statute specifies that any attempt to commit rape, forcible sodomy, or object sexual penetration will be punished as a Class 4 felony. Meanwhile, attempted sexual battery is considered a Class 1 misdemeanor, and attempted aggravated sexual battery is a Class 6 felony.