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18.2-370 - Taking indecent liberties with children; penalties.

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§ 18.2-370. Taking indecent liberties with children; penalties.A. Any person 18 years of age or over, who, with lascivious intent, knowinglyand intentionally commits any of the following acts with any child under theage of 15 years is guilty of a Class 5 felony:(1) Expose his or her sexual or genital parts to any child to whom suchperson is not legally married or propose that any such child expose his orher sexual or genital parts to such person; or(2) [Repealed.](3) Propose that any such child feel or fondle the sexual or genital parts ofsuch person or propose that such person feel or fondle the sexual or genitalparts of any such child; or(4) Propose to such child the performance of an act of sexual intercourse orany act constituting an offense under § 18.2-361; or(5) Entice, allure, persuade, or invite any such child to enter any vehicle,room, house, or other place, for any of the purposes set forth in thepreceding subdivisions of this section.B. Any person 18 years of age or over who, with lascivious intent, knowinglyand intentionally receives money, property, or any other remuneration forallowing, encouraging, or enticing any person under the age of 18 years toperform in or be a subject of sexually explicit visual material as defined in§ 18.2-374.1 or who knowingly encourages such person to perform in or be asubject of sexually explicit material; shall be guilty of a Class 5 felony.C. Any person who is convicted of a second or subsequent violation of thissection shall be guilty of a Class 4 felony; provided that (i) the offenseswere not part of a common act, transaction or scheme; (ii) the accused was atliberty as defined in § 53.1-151 between each conviction; and (iii) it isadmitted, or found by the jury or judge before whom the person is tried, thatthe accused was previously convicted of a violation of this section.D. Any parent, step-parent, grandparent or step-grandparent who commits aviolation of either this section or clause (v) or (vi) of subsection A of §18.2-370.1 (i) upon his child, step-child, grandchild or step-grandchild whois at least 15 but less than 18 years of age is guilty of a Class 5 felony or(ii) upon his child, step-child, grandchild or step-grandchild less than 15years of age is guilty of a Class 4 felony.(Code 1950, §§ 18.1-213 through 18.1-215; 1960, c. 358; 1973, c. 131; 1975,cc. 14, 15; 1979, c. 348; 1981, c. 397; 1986, c. 503; 2000, c. 333; 2001, cc.776, 840; 2005, cc. 185, 762.)
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  • § 18.2-370. Taking indecent liberties with children; penalties.

    A. Any person 18 years of age or over, who, with lascivious intent, knowinglyand intentionally commits any of the following acts with any child under theage of 15 years is guilty of a Class 5 felony:

    (1) Expose his or her sexual or genital parts to any child to whom suchperson is not legally married or propose that any such child expose his orher sexual or genital parts to such person; or

    (2) [Repealed.]

    (3) Propose that any such child feel or fondle the sexual or genital parts ofsuch person or propose that such person feel or fondle the sexual or genitalparts of any such child; or

    (4) Propose to such child the performance of an act of sexual intercourse orany act constituting an offense under § 18.2-361; or

    (5) Entice, allure, persuade, or invite any such child to enter any vehicle,room, house, or other place, for any of the purposes set forth in thepreceding subdivisions of this section.

    B. Any person 18 years of age or over who, with lascivious intent, knowinglyand intentionally receives money, property, or any other remuneration forallowing, encouraging, or enticing any person under the age of 18 years toperform in or be a subject of sexually explicit visual material as defined in§ 18.2-374.1 or who knowingly encourages such person to perform in or be asubject of sexually explicit material; shall be guilty of a Class 5 felony.

    C. Any person who is convicted of a second or subsequent violation of thissection shall be guilty of a Class 4 felony; provided that (i) the offenseswere not part of a common act, transaction or scheme; (ii) the accused was atliberty as defined in § 53.1-151 between each conviction; and (iii) it isadmitted, or found by the jury or judge before whom the person is tried, thatthe accused was previously convicted of a violation of this section.

    D. Any parent, step-parent, grandparent or step-grandparent who commits aviolation of either this section or clause (v) or (vi) of subsection A of §18.2-370.1 (i) upon his child, step-child, grandchild or step-grandchild whois at least 15 but less than 18 years of age is guilty of a Class 5 felony or(ii) upon his child, step-child, grandchild or step-grandchild less than 15years of age is guilty of a Class 4 felony.

    (Code 1950, §§ 18.1-213 through 18.1-215; 1960, c. 358; 1973, c. 131; 1975,cc. 14, 15; 1979, c. 348; 1981, c. 397; 1986, c. 503; 2000, c. 333; 2001, cc.776, 840; 2005, cc. 185, 762.)

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