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 without the consent of the complaining witness; (iii) an inmate who has been committed to jail or convicted and sentenced to confinement in a state or local correctional facility or regional jail, and the accused is an employee or contractual employee of, or a volunteer with, the state or local correctional facility or regional jail; is in a position of authority over the inmate; and knows that the inmate is under the jurisdiction of the state or local correctional facility or regional jail; (iv) a probationer, parolee, or a pretrial defendant or posttrial offender under the jurisdiction of the Department of Corrections, a local community-based probation services agency, a pretrial services agency, a local or regional jail for the purposes of imprisonment, a work program or any other parole/probationary or pretrial services or agency and the accused is an employee or contractual employee of, or a volunteer with, the Department of Corrections, a local community-based probation services agency, a pretrial services agency or a local or regional jail; is in a position of authority over an offender; and knows that the offender is under the jurisdiction of the Department of Corrections, a local community-based probation services agency, a pretrial services agency or a local or regional jail; (v) a person detained or arrested by a law-enforcement officer and the accused is a law-enforcement officer; is in a position of authority over the person detained or arrested; and knows that the person detained or arrested by a law-enforcement officer is in the custody of a private, local, or state law-enforcement agency; (vi) a pretrial defendant or posttrial offender and the accused is an owner or employee of the bail company that posted the pretrial defendant's or posttrial offender's bond and has the authority to revoke the pretrial defendant's or posttrial offender's bond; or (vii) a person serving as a confidential informant and the accused is a law-enforcement officer; knows that such person is serving as a confidential informant for the law-enforcement agency where such officer is employed; and such person is serving as a confidential informant or is expected to testify in a criminal case for which he assisted the law-enforcement agency with its investigation.
B. Sexual battery is a Class 1 misdemeanor.
C. For the purposes of this section, "confidential informant" means the same as that term is defined in § 18.2-64.2.
1981, c. 397; 1997, c. 643; 1999, c. 294; 2000, cc. 832, 1040; 2006, c. 284; 2007, c. 133; 2014, c. 656; 2024, c. 592.
Notes of Decisions
Johnathan Reeves Robinson v. Commonwealth of Virginia, 828 S.E.2d 269 (Va. Ct. App. 2019).
· cites it 33× “At the conclusion of a bench trial, appellant Johnathan Reeves Robinson was convicted of sexual battery in violation of Code § 18.2-67.4 by the Circuit Court of Amelia County.”
Wactor v. Commonwealth, 564 S.E.2d 160 (Va. Ct. App. 2002).
· cites it 2× “3), and sexual battery (Code § 18.2-67.4), in that each offense requires proof of “force, threat, or intimidation” or “mental incapacity” or “physical helplessness.”
Kauffmann v. Commonwealth, 382 S.E.2d 279 (Va. Ct. App. 1989).
· cites it 4× “1, and sexual battery, Code § 18.2-67.4. A lesser included offense is an offense which is composed entirely of elements that are also elements of the greater offense.”
Colbert v. Commonwealth, 624 S.E.2d 108 (Va. Ct. App. 2006).
· cites it 3× “The other four are sexual offenses: Code §§ 18.2-67.4 (sexual battery), 18.2-67.”
Justina Alice Dunne v. Commonwealth of Virginia, 782 S.E.2d 170 (Va. Ct. App. 2016).
· cites it 4× “2, 5 because that crime requires force, threat, or intimidation, which were not present because of Dunne’s consent; sexual battery in violation of Code § 18.2-67.4, 6 a crime that requires force, threat, intimidation, or ruse, as well as an intent to sexually gratify (claiming…”
Mohajer v. Commonwealth, 579 S.E.2d 359 (Va. Ct. App. 2003).
· cites it 4× “3), and sexual battery (Code § 18.2-67.4), in that each offense requires proof of "force, threat, or intimidation" or "mental incapacity" or "physical helplessness.”
Wilson v. Commonwealth, 615 S.E.2d 500 (Va. Ct. App. 2005).
· cites it 2× “3, sexual battery, in violation of Code § 18.2-67.4, and indecent exposure, in violation of Code § 18.”
Angel v. Com., 704 S.E.2d 386 (Va. 2011).
· cites it 2× “2, and misdemeanor sexual battery, Code § 18.2-67.4, arising out of attacks on two women, S.”
Woodard v. Commonwealth, 499 S.E.2d 557 (Va. Ct. App. 1998).
· cites it 8× “On appeal from his bench trial conviction of sexual battery in violation of Code § 18.2-67.4, Roger Lee Woodard contends that the evidence is insufficient to support that conviction because (1) the complaining witness gave inconsistent statements; (2) his alibi evidence required…”
Moses v. Commonwealth, 611 S.E.2d 607 (Va. Ct. App. 2005).
· cites it 4× “3 (proscribing aggravated sexual battery); Code § 18.2-67.4 (proscribing sexual battery); Code § 18.”
Walker v. Commonwealth, 404 S.E.2d 394 (Va. Ct. App. 1991).
· cites it 10× “The defendant, Alex Randall Walker, was convicted of sexual battery in violation of Code § 18.2-67.4. The sole issue on appeal is whether the evidence was sufficient to support this conviction.”
Jeffrey Dean Bondi v. Commonwealth of Virginia, 824 S.E.2d 512 (Va. Ct. App. 2019).
· cites it 2× “3(A)(4) (aggravated sexual battery), Code § 18.2-67.4 (sexual battery). In case law analyzing these statutes, “[f]orce generally requires proof of more than ‘merely the force required to accomplish .”
— Va. Code Ann. § 18.2-67.4(A) — 10 cases
Johnathan Reeves Robinson v. Commonwealth of Virginia, 828 S.E.2d 269 (Va. Ct. App. 2019).
“At the conclusion of a bench trial, appellant Johnathan Reeves Robinson was convicted of sexual battery in violation of Code § 18.2-67.4 by the Circuit Court of Amelia County.”
Woodard v. Commonwealth, 499 S.E.2d 557 (Va. Ct. App. 1998).
“On appeal from his bench trial conviction of sexual battery in violation of Code § 18.2-67.4, Roger Lee Woodard contends that the evidence is insufficient to support that conviction because (1) the complaining witness gave inconsistent statements; (2) his alibi evidence required…”
— Va. Code Ann. § 18.2-67.4(A)(i) — 8 cases
Johnathan Reeves Robinson v. Commonwealth of Virginia, 828 S.E.2d 269 (Va. Ct. App. 2019).
“At the conclusion of a bench trial, appellant Johnathan Reeves Robinson was convicted of sexual battery in violation of Code § 18.2-67.4 by the Circuit Court of Amelia County.”
— Va. Code Ann. § 18.2-67.4(A)(ii) — 1 case
— Va. Code Ann. § 18.2-67.4(A)(l) — 1 case
— Va. Code Ann. § 18.2-67.4(i) — 1 case
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