Virginia criminal charge
Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery in Virginia
Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-67.5. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-67.5.
What is the penalty for attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 10 years (Attempted rape, forcible sodomy, or object sexual penetration — An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Attempted rape, forcible sodomy, or object sexual penetration — An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Attempted aggravated sexual battery — An attempt to commit aggravated sexual battery.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Attempted aggravated sexual battery — An attempt to commit aggravated sexual battery.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Attempted sexual battery — An attempt to commit sexual battery.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Attempted sexual battery — An attempt to commit sexual battery.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Attempted rape, forcible sodomy, or object sexual penetration | Class 4 Felony | An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration. | Va. Code Ann. § 18.2-67.5A |
| Attempted aggravated sexual battery | Class 6 Felony | An attempt to commit aggravated sexual battery. | Va. Code Ann. § 18.2-67.5B |
| Attempted sexual battery | Class 1 Misdemeanor | An attempt to commit sexual battery. | Va. Code Ann. § 18.2-67.5C |
Common questions about attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery in Virginia
Is attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery a felony or a misdemeanor in Virginia?
It depends on the circumstances: attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery ranges from a class 1 misdemeanor to a class 4 felony in Virginia under Va. Code Ann. § 18.2-67.5.
Attempted rape, forcible sodomy, or object sexual penetration: class 4 felony (Va. Code Ann. § 18.2-67.5A) · Attempted aggravated sexual battery: class 6 felony (Va. Code Ann. § 18.2-67.5B) · Attempted sexual battery: class 1 misdemeanor (Va. Code Ann. § 18.2-67.5C)
What are the penalties for attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery in Virginia?
Penalties for attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 4 felony — with the ranges set by Va. Code Ann. § 18.2-10 and Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.
Which Virginia statute covers attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery?
Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery is governed by Va. Code Ann. § 18.2-67.5 (Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery).
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.