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State Laws

§18.2-64.2 Carnal Knowledge of an Inmate, Parolee, Probationer, Detainee, or Pretrial or Posttrial Offender; Penalty

An accused shall be guilty of carnal knowledge of an inmate, parolee, probationer, detainee, or pretrial or posttrial offender if he or she is an employee or contractual employee of, or a volunteer with, a state or local correctional facility or regional jail, the Department of Corrections, the Department of Juvenile Justice, a secure facility or detention home, as defined in § 16.1-228, a state or local court services unit, as defined in § 16.1-235, a local community-based probation program or a pretrial services program; is in a position of authority over the inmate, probationer, parolee, detainee, or a pretrial or posttrial offender; knows that the inmate, probationer, parolee, detainee, or pretrial or posttrial offender is under the jurisdiction of the state or local correctional facility, a regional jail, the Department of Corrections, the Department of Juvenile Justice, a secure facility or detention home, as defined in § 16.1-228, a state or local court services unit, as defined in § 16.1-235, a local community-based probation program, or a pretrial services program; and carnally knows, without the use of force, threat or intimidation (i) an inmate who has been committed to jail or convicted and sentenced to confinement in a state or local correctional facility or regional jail or (ii) a probationer, parolee, detainee, or a pretrial or posttrial offender under the jurisdiction of the Department of Corrections, the Department of Juvenile Justice, a secure facility or detention home, as defined in § 16.1-228, a state or local court services unit, as defined in § 16.1-235, a local community-based probation program, a pretrial services program, a local or regional jail for the purposes of imprisonment, a work program or any other parole/probationary or pretrial services program. Such offense is a Class 6 felony.

For the purposes of this section, "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse and animate or inanimate object sexual penetration.

§18.2-66 Effect of Subsequent Marriage to Child Over 14 Years of Age

If the carnal knowledge is with the consent of the child and such child is fourteen years of age or older, the subsequent marriage of the parties may be pleaded to any indictment found against the accused. The court, upon proof of such marriage, and that the parties are living together as husband and wife, and that the accused has properly provided for, supported, and maintained and is at the time properly providing, supporting and maintaining the spouse and the issue of such marriage, if any, shall continue the case from time to time and from term to term, until the spouse reaches the age of sixteen years. Thereupon the court shall dismiss the indictment already found against the accused for the aforesaid offense. However, if the accused deserts such spouse before the spouse reaches the age of sixteen without just cause, any indictment found against the accused for such offense shall be tried without regard to the number of times the case has been continued, and whether such continuance is entered upon the order book.

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