Code of Virginia § 18.2-64.2. Carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, pretrial defendant or posttrial offender, or confidential informant; penalty.

666 words·~3 min read·/va/title-18-2/chapter-4/18-2-64-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. An accused is guilty of carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, or pretrial defendant or posttrial offender if he is a law-enforcement officer or 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 services agency, or a pretrial services agency; is in a position of authority over the person detained or arrested by a law-enforcement officer, inmate, probationer, parolee, juvenile detainee, or pretrial defendant or posttrial offender; knows that the person detained or arrested by a law-enforcement officer, inmate, probationer, parolee, juvenile detainee, or pretrial defendant or posttrial offender is in the custody of a private, local, or state law-enforcement agency or under the jurisdiction of 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 services agency, or a pretrial services agency; 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 person detained or arrested by a law-enforcement officer, probationer, parolee, juvenile detainee, or pretrial defendant or posttrial offender in the custody of a private, local, or state law-enforcement agency or 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 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 program or agency. Such offense is a Class 6 felony.

An accused is guilty of carnal knowledge of a pretrial defendant or posttrial offender if he

(a)is an owner or employee of the bail bond company that posted the pretrial defendant's or posttrial offender's bond;

(b)has the authority to revoke the pretrial defendant's or posttrial offender's bond; and

(c)carnally knows, without use of force, threat, or intimidation, a pretrial defendant or posttrial offender. Such offense is a Class 6 felony.

An accused is guilty of carnal knowledge of a person serving as a confidential informant if he

(1)is a law-enforcement officer;

(2)knows that such person is serving as a confidential informant for the law-enforcement agency where such officer is employed; and

(3)carnally knows, without use of force, threat, or intimidation, such confidential informant while such person is serving as a confidential informant or is expected to testify in a criminal case for which the confidential informant assisted the law-enforcement agency with its investigation. Such offense is a Class 6 felony.

B. For the purposes of this section:

"Carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate or inanimate object sexual penetration.

"Confidential informant" means any person, other than an employee of a law-enforcement agency, who engages in, or provides information about, criminal activity for the purpose of assisting a law-enforcement agency in investigating the criminal activity of another, in exchange for a benefit, the promise of a benefit, or the hope or expectation thereof.

"Law-enforcement officer" means the same as that term is defined in § 9.1-101 .

1999, c. 294 ; 2000, c. 1040 ; 2001, c. 385 ; 2007, c. 133 ; 2013, c. 602 ; 2020, c. 479 ; 2020, Sp. Sess. I, cc. 26 , 37 ; 2024, c. 592 .