Know the Laws: Virginia

UPDATED July 27, 2009

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Note: Due to a new law in July 2009, victims of sexual battery and aggravated sexual battery are now also eligible for this protective order.

This protective order for stalking, sexual battery, and serious bodily injury is given by a judge after a warrant is issued for the arrest of the stalker or abuser.

• Definitions
  • What is the legal definition of stalking?
  • What is the legal definition of sexual battery and aggravated sexual battery?
• Basic information
• Getting an order for stalking, sexual battery, and serious bodily injury

Definitions

back to topWhat is the legal definition of stalking?

In Virginia, a person is guilty of stalking when, on more than one occasion, s/he engages in conduct that intentionally places you in reasonable fear that you or your family or household member will suffer:

• death;
• criminal sexual assault; or
• physical injury.*

* Va. Code Ann. § 18.2-60.3

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back to topWhat is the legal definition of sexual battery and aggravated sexual battery?

In Virginia, a person is guilty of sexual battery when, against your will by force, threat, intimidation or trick:

• S/he intentionally touches your genitalia, anus, groin, breast, or buttocks over or under clothes;

• S/he forces you to touch his/her or your own genitalia, anus, groin, breast, or buttocks over or under clothes; or

• S/he forces someone else to touch your genitalia, anus, groin, breast, or buttocks over or under clothes, or you to touch someone else’s; or
• You are under the age of 13 and the abuser causes or helps you to touch his/her genitalia, anus, groin, breast, or buttocks ("intimate parts"), your intimate parts, or another person's intimate parts over or under clothes.*

In Virginia, a person is guilty of aggravated sexual battery when s/he commits sexual battery (as defined above) and:

• You are under the age of 13; OR
• At the time the abuse occurred:
  • you could not understand the nature or consequences of the act and the abuser should have known it; or
  • you were unconscious; or
  • you were in any other condition that made you unable to communicate that you were unwilling and the abuser should have known it; OR

• The abuser is your parent, step-parent, grandparent, or step-grandparent and you are older than 13 but younger than 18 years old; OR

• The act is done without your consent by force, threat or intimidation; and
  • You are older than 13 but younger than 15 years old; or
  • The abuser caused you serious bodily or mental injury; or
  • The abuser used or threatened to use a weapon.**

* Va. Code Ann. §§ 18.2-67.4; 18.2-67.10
** Va. Code Ann. § 18.2-67.3

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