Object Sexual Penetration Defense Henrico – Virginia Lawyers

There are many different penalties for Object Sexual Penetration charges in Henrico, Virginia.

If you have been charged with Object Sexual Penetration in Henrico, Virginia, contact our law firm immediately for help.

Object Sexual Penetration Virginia Laws 18.2-67.2 Henrico
Object Sexual Penetration Virginia Laws 18.2-67.2 Henrico

Object Sexual Penetration Defense In Henrico, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

18.2-67.2

18.2-67.2. Object sexual penetration; penalty.

A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, 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, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness’s mental incapacity or physical helplessness.

B. Inanimate or animate object sexual penetration is a felony punishable by confinement in the state correctional facility for life or for any term not less than five years; and in addition:

1. For a violation of subdivision A 1, where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation 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, the punishment shall include a mandatory minimum term of confinement of 25 years; or

2. For a violation of subdivision A 1 where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life.

If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life, subject to revocation by the court.

In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant’s completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.

C. Upon a finding of guilt under this section, when a spouse is the complaining 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 has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, 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 otherwise provided. If such counseling is completed as prescribed under 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.

Virginia Statutes

Condition

Penalties

Va. Code  18.2-67.2(A)  Any person who penetrates the labia majora or anus of a complaining witness, including the spouses, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and

  1. The complaining witness is less than 13 years of age; or
  2. The act is accomplished against the will of the victim by force, threat or intimidation of or against the complaining witness or another person, or through the victim’s mental incapacity or physical helplessness.
Guilty of a felony conviction for not less than five years up to life imprisonment 
Va. Code  18.2-67.2(B)  Where the offender is three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation 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 Guilty of a felony conviction for not less than 5 years up to life imprisonment with 25 years as mandatory minimum
Where the offender was 18 years of age or older at the time of commission of the offense Shall be guilty of a felony conviction for not less than 5 years up to life imprisonment with life as mandatory minimum
   

 

 

Va. Code  18.2-67.2(C)

Upon a finding of guilt, when a spouse is the complaining 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 had not been previously convicted and with the consent of the complaining witness and the Commonwealth attorney, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy.If the defendant fails to complete the counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided.

If such counseling is completed, the court may discharge the defendant and dismiss the proceedings against him with the views of the complaining witness and such other evidence as may be relevant.

If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is convicted for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant’s life, subject to revocation by the court.For a violation under this section against a spouse may be suspended upon the defendant’s completion of counseling or therapy, after consideration of the views of the complaining witness and such other evidence, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.

Object Sexual Penetration Defense In Henrico, Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Henrico, Virginia

Henrico Circuit Court

P. O. Box 90775
4301 East Parham Road,
Henrico, VA 23273-0775

Henrico General District Court

P. O. Box 90775
4301 East Parham Road,
Henrico, VA 23273-0775

Henrico Juvenile and Domestic Relations District Court

4201 E. Parham Road,
Henrico, VA 23228-2745
P.O. Box 90775
Henrico, VA 23273-0775

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.