2006 Code of Virginia § 18.2-63 - Carnal knowledge of child between thirteen and fifteen years of age

18.2-63. Carnal knowledge of child between thirteen and fifteen years ofage.

If any person carnally knows, without the use of force, a child thirteenyears of age or older but under fifteen years of age, such person shall beguilty of a Class 4 felony.

However, if such child is thirteen years of age or older but under fifteenyears of age and consents to sexual intercourse and the accused is a minorand such consenting child is three years or more the accused's junior, theaccused shall be guilty of a Class 6 felony. If such consenting child isless than three years the accused's junior, the accused shall be guilty of aClass 4 misdemeanor.

In calculating whether such child is three years or more a junior of theaccused minor, the actual dates of birth of the child and the accused,respectively, shall be used.

For the purposes of this section, (i) a child under the age of thirteen yearsshall not be considered a consenting child and (ii) "carnal knowledge"includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus,anal intercourse, and animate and inanimate object sexual penetration.

(Code 1950, 18.1-44; 1960, c. 358; 1972, c. 394; 1975, cc. 14, 15, 606;1981, c. 397; 1993, c. 852.)