Virginia legal term
Mental incapacity in Virginia Criminal Law
Current through 2026 Virginia legislative session
In Virginia criminal law, “Mental incapacity” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Virginia criminal code.
What does “Mental incapacity” mean in Virginia criminal law?
"Mental incapacity" means that condition of the complaining witness existing at the time of an offense under this article which prevents the complaining witness from understanding the nature or consequences of the sexual act involved in such offense and about which the accused knew or should have known. 4. (Va. Code Ann. § 18.2-67.10)
Statutes defining or using this term
Charges using this term
Related terms in the same statutes
This reference is informational and is not legal advice.