Virginia Code

Va. Code Ann. § 18.2-67.10 (2026)

General definitions

✓ current as of May 2026

Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

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. The complaining witness's "prior sexual conduct" means any sexual conduct on the part of the complaining witness which took place before the conclusion of the trial, excluding the conduct involved in the offense alleged under this article.

6. "Sexual abuse" means an act committed with the intent to sexually molest, arouse, or gratify any person, where:

a. The accused intentionally touches the complaining witness's intimate parts or material directly covering such intimate parts;

b. The accused forces the complaining witness to touch the accused's, the witness's own, or another person's intimate parts or material directly covering such intimate parts;

c. If the complaining witness is under the age of 13, the accused causes or assists the complaining witness to touch the accused's, the witness's own, or another person's intimate parts or material directly covering such intimate parts; or

d. The accused forces another person to touch the complaining witness's intimate parts or material directly covering such intimate parts.

1981, c. 397; 1987, c. 277; 1993, c. 549; 1994, c. 568; 2004, c. 741; 2022, c. 645.

Notes of Decisions

Cited in 166 cases (49 in the last 5 years), 1986–2026 · leading case: Johnathan Reeves Robinson v. Commonwealth of Virginia, 828 S.E.2d 269 (Va. Ct. App. 2019).

Sort: Relevance Newest Treatment

Johnathan Reeves Robinson v. Commonwealth of Virginia, 828 S.E.2d 269 (Va. Ct. App. 2019). · cites it 18× “3 for sexual abuse, as defined in Code § 18.2-67.10. Second, the facts make clear that the touching was accomplished against the will of the complaining witness as the victim twice got up to try to get away from Johnson.”

Molina v. Commonwealth, 624 S.E.2d 83 (Va. Ct. App. 2006). · cites it 16× “" Code § 18.2-67.10(3). Consent without understanding is no consent at all.”

Nicholson v. Commonwealth, 694 S.E.2d 788 (Va. Ct. App. 2010). · cites it 42× “” Code § 18.2-67.10(3) defines “mental incapacity” as the “condition of the complaining witness existing at the time of an offense .”

Martin v. Com., 630 S.E.2d 291 (Va. 2006). · cites it 26× “3 (1996) was amended in 2004 but that amendment did not alter the provisions of subsection (A)(1) under which Martin was convicted.”

Justin Godfrey Fahringer v. Commonwealth of Virginia, 827 S.E.2d 1 (Va. Ct. App. 2019). · cites it 6× “” Code § 18.2-67.10(2). Kissing is not mentioned in either the definition of “sexual abuse” or “intimate parts.”

Molina v. Commonwealth, 636 S.E.2d 470 (Va. 2006). · cites it 6× “" Code § 18.2-67.10(3). Molina argues that the statutory term "mental incapacity" is limited to a permanent mental condition such as retardation rather than a transitory condition such as voluntary intoxication.”

Quyen Vinh Phan Le v. Commonwealth of Virginia, 774 S.E.2d 475 (Va. Ct. App. 2015). · cites it 8× “Force is not an element of custodial indecent liberties; sexual abuse is. Sexual abuse, however, is not a crime in and of itself.”

De'Armond v. Commonwealth, 654 S.E.2d 317 (Va. Ct. App. 2007). · cites it 10× “” Code § 18.2-67.10(2). When coupled with its definitional provisions, Code § 18.”

Carter v. Gordon, 502 S.E.2d 697 (Va. Ct. App. 1998). · cites it 8× “Code § 18.2-67.10 defines “sexual abuse” as *142 an act committed with the intent to sexually molest, arouse, or gratify any person, where .”

Moyer v. Commonwealth, 531 S.E.2d 580 (Va. Ct. App. 2000). · cites it 6× “10(2), which defines terms used in the article proscribing various types of criminal sexual assault, "intimate parts" include not only the genitalia but also the "anus, groin, breast or buttocks." Further, as the trial court observed in this case, in Code § 18.”

M.G. v. Albemarle Cnty. Dep't of Soc. Servs., 583 S.E.2d 761 (Va. Ct. App. 2003). · cites it 4× “” Code § 18.2-67.10(2). Thus, we affirm the trial court’s conclusion that mother’s “federal conviction” for “abusive sexual contact .”

Hart v. Commonwealth, 441 S.E.2d 706 (Va. Ct. App. 1994). · cites it 8× “In Code § 18.2-67.10(2), which defines terms used in the article proscribing various types of criminal sexual assault, for example, "intimate parts" include not only the genitalia, but also the "anus, groin, breast or buttocks.”

Show all 166 citing cases →

— Va. Code Ann. § 18.2-67.10(1) — 1 case

Doe v. Green (Va. 2025).

— Va. Code Ann. § 18.2-67.10(1950) — 1 case

In Re Sharp, 674 A.2d 899 (D.C. 1996).

— Va. Code Ann. § 18.2-67.10(2) — 36 cases

Johnathan Reeves Robinson v. Commonwealth of Virginia, 828 S.E.2d 269 (Va. Ct. App. 2019). “3 for sexual abuse, as defined in Code § 18.2-67.10. Second, the facts make clear that the touching was accomplished against the will of the complaining witness as the victim twice got up to try to get away from Johnson.”

Hart v. Commonwealth, 441 S.E.2d 706 (Va. Ct. App. 1994). “In Code § 18.2-67.10(2), which defines terms used in the article proscribing various types of criminal sexual assault, for example, "intimate parts" include not only the genitalia, but also the "anus, groin, breast or buttocks.”

De'Armond v. Commonwealth, 654 S.E.2d 317 (Va. Ct. App. 2007). “” Code § 18.2-67.10(2). When coupled with its definitional provisions, Code § 18.”

Moyer v. Commonwealth, 531 S.E.2d 580 (Va. Ct. App. 2000). “10(2), which defines terms used in the article proscribing various types of criminal sexual assault, "intimate parts" include not only the genitalia but also the "anus, groin, breast or buttocks." Further, as the trial court observed in this case, in Code § 18.”

M.G. v. Albemarle Cnty. Dep't of Soc. Servs., 583 S.E.2d 761 (Va. Ct. App. 2003). “” Code § 18.2-67.10(2). Thus, we affirm the trial court’s conclusion that mother’s “federal conviction” for “abusive sexual contact .”

— Va. Code Ann. § 18.2-67.10(3) — 13 cases

Molina v. Commonwealth, 624 S.E.2d 83 (Va. Ct. App. 2006). “" Code § 18.2-67.10(3). Consent without understanding is no consent at all.”

Molina v. Commonwealth, 636 S.E.2d 470 (Va. 2006). “" Code § 18.2-67.10(3). Molina argues that the statutory term "mental incapacity" is limited to a permanent mental condition such as retardation rather than a transitory condition such as voluntary intoxication.”

Nicholson v. Commonwealth, 694 S.E.2d 788 (Va. Ct. App. 2010). “” Code § 18.2-67.10(3) defines “mental incapacity” as the “condition of the complaining witness existing at the time of an offense .”

Adkins v. Commonwealth, 457 S.E.2d 382 (Va. Ct. App. 1995).

Sanford v. Commonwealth, 678 S.E.2d 842 (Va. Ct. App. 2009).

— Va. Code Ann. § 18.2-67.10(4) — 15 cases

Molina v. Commonwealth, 624 S.E.2d 83 (Va. Ct. App. 2006). “" Code § 18.2-67.10(3). Consent without understanding is no consent at all.”

Wactor v. Commonwealth, 564 S.E.2d 160 (Va. Ct. App. 2002).

Howard v. Commonwealth, 465 S.E.2d 142 (Va. Ct. App. 1995).

Woodward v. Commonwealth, 402 S.E.2d 244 (Va. Ct. App. 1991).

Aidan Joseph Nevers v. Commonwealth of Virginia (Va. Ct. App. 2023).

— Va. Code Ann. § 18.2-67.10(5) — 13 cases

Cairns v. Commonwealth, 579 S.E.2d 340 (Va. Ct. App. 2003).

Ortiz v. Com., 667 S.E.2d 751 (Va. 2008).

Clinebell v. Commonwealth, 368 S.E.2d 263 (Va. 1988).

Clifford v. Commonwealth, 633 S.E.2d 178 (Va. Ct. App. 2006).

Currie v. Commonwealth, 391 S.E.2d 79 (Va. Ct. App. 1990).

— Va. Code Ann. § 18.2-67.10(6) — 63 cases

Justin Godfrey Fahringer v. Commonwealth of Virginia, 827 S.E.2d 1 (Va. Ct. App. 2019). “” Code § 18.2-67.10(2). Kissing is not mentioned in either the definition of “sexual abuse” or “intimate parts.”