A. An accused shall be guilty of forcible sodomy if he or she engages incunnilingus, fellatio, anilingus, or anal intercourse with a complainingwitness whether or not his or her spouse, or causes a complaining witness,whether or not his or her spouse, to engage in such acts with any otherperson, 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. Forcible sodomy is a felony punishable by confinement in a statecorrectional facility for life or for any term not less than five years. Thepenalty for a violation of subdivision A 1, where the offender is more thanthree years older than the victim, if done in the commission of, or as partof the same course of conduct as, or as part of a common scheme or plan as aviolation of (i) subsection A of § 18.2-47 or 18.2-48, (ii) § 18.2-89,18.2-90 or 18.2-91, or (iii) § 18.2-51.2, shall include a mandatory minimumterm of confinement of 25 years. If the term of confinement imposed for anyviolation of subdivision A 1, where the offender is more than three yearsolder than the victim, is for a term less than life imprisonment, the judgeshall impose, in addition to any active sentence, a suspended sentence of noless than 40 years. This suspended sentence shall be suspended for theremainder of the defendant's life, subject to revocation by 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; 1986, c. 516; 1994, cc. 772, 794; 1999, c. 367; 2005, c. 631;2006, cc. 853, 914.)
A. An accused shall be guilty of forcible sodomy if he or she engages incunnilingus, fellatio, anilingus, or anal intercourse with a complainingwitness whether or not his or her spouse, or causes a complaining witness,whether or not his or her spouse, to engage in such acts with any otherperson, 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. Forcible sodomy is a felony punishable by confinement in a statecorrectional facility for life or for any term not less than five years. Thepenalty for a violation of subdivision A 1, where the offender is more thanthree years older than the victim, if done in the commission of, or as partof the same course of conduct as, or as part of a common scheme or plan as aviolation of (i) subsection A of § 18.2-47 or 18.2-48, (ii) § 18.2-89,18.2-90 or 18.2-91, or (iii) § 18.2-51.2, shall include a mandatory minimumterm of confinement of 25 years. If the term of confinement imposed for anyviolation of subdivision A 1, where the offender is more than three yearsolder than the victim, is for a term less than life imprisonment, the judgeshall impose, in addition to any active sentence, a suspended sentence of noless than 40 years. This suspended sentence shall be suspended for theremainder of the defendant's life, subject to revocation by 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; 1986, c. 516; 1994, cc. 772, 794; 1999, c. 367; 2005, c. 631;2006, cc. 853, 914.)
A. An accused shall be guilty of forcible sodomy if he or she engages incunnilingus, fellatio, anilingus, or anal intercourse with a complainingwitness whether or not his or her spouse, or causes a complaining witness,whether or not his or her spouse, to engage in such acts with any otherperson, 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. Forcible sodomy is a felony punishable by confinement in a statecorrectional facility for life or for any term not less than five years. Thepenalty for a violation of subdivision A 1, where the offender is more thanthree years older than the victim, if done in the commission of, or as partof the same course of conduct as, or as part of a common scheme or plan as aviolation of (i) subsection A of § 18.2-47 or 18.2-48, (ii) § 18.2-89,18.2-90 or 18.2-91, or (iii) § 18.2-51.2, shall include a mandatory minimumterm of confinement of 25 years. If the term of confinement imposed for anyviolation of subdivision A 1, where the offender is more than three yearsolder than the victim, is for a term less than life imprisonment, the judgeshall impose, in addition to any active sentence, a suspended sentence of noless than 40 years. This suspended sentence shall be suspended for theremainder of the defendant's life, subject to revocation by 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; 1986, c. 516; 1994, cc. 772, 794; 1999, c. 367; 2005, c. 631;2006, cc. 853, 914.)
