2006 Code of Virginia § 18.2-67.5:2 - Punishment upon conviction of certain subsequent felony sexual assault

18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexualassault.

A. Any person convicted of (i) more than one offense specified in subsectionB or (ii) one of the offenses specified in subsection B of this section andone of the offenses specified in subsection B of 18.2-67.5:3 when suchoffenses were not part of a common act, transaction or scheme, and who hasbeen at liberty as defined in 53.1-151 between each conviction shall, uponconviction of the second or subsequent such offense, be sentenced to themaximum term authorized by statute for such offense, and shall not have allor any part of such sentence suspended, provided it is admitted, or found bythe jury or judge before whom the person is tried, that he has beenpreviously convicted of at least one of the specified offenses.

B. The provisions of subsection A shall apply to felony convictions for:

1. Carnal knowledge of a child between thirteen and fifteen years of age inviolation of 18.2-63 when the offense is committed by a person over the ageof eighteen;

2. Carnal knowledge of certain minors in violation of 18.2-64.1;

3. Aggravated sexual battery in violation of 18.2-67.3;

4. Crimes against nature in violation of subsection B of 18.2-361;

5. Adultery or fornication with one's own child or grandchild in violation of 18.2-366;

6. Taking indecent liberties with a child in violation of 18.2-370 or 18.2-370.1; or

7. Conspiracy to commit any offense listed in subdivisions 1 through 6pursuant to 18.2-22.

C. For purposes of this section, prior convictions shall include (i) adultconvictions for felonies under the laws of any state or the United Statesthat are substantially similar to those listed in subsection B and (ii)findings of not innocent, adjudications or convictions in the case of ajuvenile if the juvenile offense is substantially similar to those listed insubsection B, the offense would be a felony if committed by an adult in theCommonwealth and the offense was committed less than twenty years before thesecond offense.

The Commonwealth shall notify the defendant in writing, at least thirty daysprior to trial, of its intention to seek punishment pursuant to this section.

(1995, c. 834; 2000, c. 333.)