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Virginia criminal charge

Crimes against nature in Virginia

Current through 2026 Virginia legislative session

Crimes against nature is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-361. 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. § 18.2-361.

What is the penalty for crimes against nature in Virginia?

Penalties for Crimes against nature
PenaltyRangeBasisAuthority
Jail / prison1 years to 5 years (Carnal knowledge of a brute animal — A person carnally knows in any manner a brute animal or voluntarily submits to such carnal knowledge.; 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)))discretionaryVa. Code Ann. § 18.2-10
Fineup to $2,500 (Carnal knowledge of a brute animal — A person carnally knows in any manner a brute animal or voluntarily submits to such carnal knowledge.; with the jail-confinement alternative under § 18.2-10(f))discretionaryVa. Code Ann. § 18.2-10
Jail / prison1 years to 10 years (Incestuous sodomy — general — A person performs or causes to be performed cunnilingus, fellatio, anilingus, or anal intercourse upon or by his daughter/granddaughter, son/grandson, brother/sister, or father/mother.; 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(e)))discretionaryVa. Code Ann. § 18.2-10
Fineup to $2,500 (Incestuous sodomy — general — A person performs or causes to be performed cunnilingus, fellatio, anilingus, or anal intercourse upon or by his daughter/granddaughter, son/grandson, brother/sister, or father/mother.; with the jail-confinement alternative under § 18.2-10(e))discretionaryVa. Code Ann. § 18.2-10
Jail / prison5 years to 20 years (Incestuous sodomy — parent or grandparent with child/grandchild aged 13 to 17 — A parent or grandparent commits such an act with his child or grandchild who is at least 13 but less than 18 years of age at the time of the offense.)mandatoryVa. Code Ann. § 18.2-10
Fineup to $100,000 (Incestuous sodomy — parent or grandparent with child/grandchild aged 13 to 17 — A parent or grandparent commits such an act with his child or grandchild who is at least 13 but less than 18 years of age at the time of the offense.; only together with imprisonment (§ 18.2-10(g)))discretionaryVa. Code Ann. § 18.2-10

Applies to current.

How is crimes against nature classified in Virginia?

The classification depends on the circumstances:

Classification variants for Crimes against nature
VariantClassificationWhen it appliesStatute
Carnal knowledge of a brute animalClass 6 FelonyA person carnally knows in any manner a brute animal or voluntarily submits to such carnal knowledge.Va. Code Ann. § 18.2-361A
Incestuous sodomy — generalClass 5 FelonyA person performs or causes to be performed cunnilingus, fellatio, anilingus, or anal intercourse upon or by his daughter/granddaughter, son/grandson, brother/sister, or father/mother.Va. Code Ann. § 18.2-361B
Incestuous sodomy — parent or grandparent with child/grandchild aged 13 to 17Class 3 FelonyA parent or grandparent commits such an act with his child or grandchild who is at least 13 but less than 18 years of age at the time of the offense.Va. Code Ann. § 18.2-361B

Common questions about crimes against nature in Virginia

Is crimes against nature a felony or a misdemeanor in Virginia?

It depends on the circumstances: crimes against nature ranges from a class 6 felony to a class 3 felony in Virginia under Va. Code Ann. § 18.2-361.

Carnal knowledge of a brute animal: class 6 felony (Va. Code Ann. § 18.2-361A) · Incestuous sodomy — general: class 5 felony (Va. Code Ann. § 18.2-361B) · Incestuous sodomy — parent or grandparent with child/grandchild aged 13 to 17: class 3 felony (Va. Code Ann. § 18.2-361B)

What are the penalties for crimes against nature in Virginia?

Penalties for crimes against nature in Virginia depend on how it is classified — from a class 6 felony up to a class 3 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.

Which Virginia statute covers crimes against nature?

Crimes against nature is governed by Va. Code Ann. § 18.2-361 (Crimes against nature; penalty).

Legal terms used in this law

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.