2006 Code of Virginia § 18.2-67.2 - Object sexual penetration; penalty
18.2-67.2. Object sexual penetration; penalty.
A. An accused shall be guilty of inanimate or animate object sexualpenetration if he or she penetrates the labia majora or anus of a complainingwitness, whether or not his or her spouse, other than for a bona fide medicalpurpose, or causes such complaining witness to so penetrate his or her ownbody with an object or causes a complaining witness, whether or not his orher spouse, to engage in such acts with any other person or to penetrate, orto be penetrated by, an animal, and
1. The complaining witness is less than 13 years of age, or
2. The act is accomplished against the will of the complaining witness, byforce, threat or intimidation of or against the complaining witness oranother person, or through the use of the complaining witness's mentalincapacity or physical helplessness.
B. Inanimate or animate object sexual penetration is a felony punishable byconfinement in the state correctional facility for life or for any term notless than five years. The penalty for a violation of subdivision A 1 wherethe offender is more than three years older than the victim, if done in thecommission of, or as part of the same course of conduct as, or as part of acommon scheme or plan as a violation of (i) subsection A of 18.2-47 or18.2-48, (ii) 18.2-89, 18.2-90 or 18.2-91, or (iii) 18.2-51.2, shallinclude a mandatory minimum term of confinement of 25 years. If the term ofconfinement imposed for any violation of subdivision A 1, where the offenderis more than three years older than the victim, is for a term less than lifeimprisonment, the judge shall impose, in addition to any active sentence, asuspended sentence of no less than 40 years. This suspended sentence shallbe suspended for the remainder of the defendant's life, subject to revocationby the court.
In any case deemed appropriate by the court, all or part of any sentenceimposed for a violation under this section against a spouse may be suspendedupon the defendant's completion of counseling or therapy, if not alreadyprovided, in the manner prescribed under 19.2-218.1 if, after considerationof the views of the complaining witness and such other evidence as may berelevant, the court finds such action will promote maintenance of the familyunit and will be in the best interest of the complaining witness.
C. Upon a finding of guilt under this section, when a spouse is thecomplaining witness in any case tried by the court without a jury, the court,without entering a judgment of guilt, upon motion of the defendant who hasnot previously had a proceeding against him for violation of this sectiondismissed pursuant to this subsection and with the consent of the complainingwitness and the attorney for the Commonwealth, may defer further proceedingsand place the defendant on probation pending completion of counseling ortherapy, if not already provided, in the manner prescribed under 19.2-218.1. If the defendant fails to so complete such counseling or therapy,the court may make final disposition of the case and proceed as otherwiseprovided. If such counseling is completed as prescribed under 19.2-218.1,the court may discharge the defendant and dismiss the proceedings against himif, after consideration of the views of the complaining witness and suchother evidence as may be relevant, the court finds such action will promotemaintenance of the family unit and be in the best interest of the complainingwitness.
(1981, c. 397; 1982, c. 508; 1986, c. 516; 1988, c. 437; 1993, c. 549; 1994,cc. 772, 794; 1999, c. 367; 2005, c. 631; 2006, cc. 853, 914.)
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