Read the whole thing before you leave a death threat…

AP via Richmond Times-Dispatch: Virginia law takes aim at adults who French kiss minors:

Adults who French kiss a child younger than 13 would be required to register as a sex offender under legislation passed out of the General Assembly on Saturday.

Those convicted of tongue-kissing a child would be guilty of a Class 1 misdemeanor, punishable by up to one year in jail and a $2,500 fine.

The House passed the legislation 96-1 and the Senate 39-0. It now heads to Gov. Timothy M. Kaine.

Del. Riley Ingram, R-Hopewell, introduced the legislation on behalf of a woman whose 10-year-old daughter was French-kissed by the 62-year-old husband of her babysitter. The only crime prosecutors could charge the man with was contributing to the delinquency of a minor, which did not require that he register as a sex offender.

What parent allows their 10 year-old daughter to be French-kissed by a 62 year-old without someone ending up dead?

And according to my reading of § 18.2-371, contributing to the delinquency of a minor would not apply: § 18.2-371:

Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in § 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor.

Regardless, it’s only a Class 1 misdemeanor and no registration as a sex offender to have sexual intercourse with someone 15, 16, or 17 years of age.

Ingram and other members of the House fought to make the crime a felony, but in the final day of the 2008 General Assembly session gave in to senators who thought that punishment was too harsh.

Del. Phillip Hamilton, R-Newport News, cast the lone opposing vote, refusing to back down from his belief that the crime should be a Class 6 felony.

“I think that type of behavior is so egregious it warrants a felony,” Hamilton said.

Ingram said he was satisfied that a conviction would land someone on the sex offender registry.

Here are the sex crimes that are considered Class 1 misdemeanors, items marked with an asterisk (*) indicated the offense would not require registration as a sex offender, items marked with a dagger (†) only require registration and are felonies on third offense:

  • indecent exposure† (§ 18.2-387)
  • consensual intercourse
    • with child 15 years old or older [also known as contributing to the delinquency of a minor]† § 18.2-371
  • masturbation in public* §18.2-387.1
  • photographing nonconsenting nude person in restroom, etc.
    • photographing adult† § 18.2-386.1
  • prostitution:
    • assisting in transporting* § 18.2-348
    • bawdy place:
      • maintaining/frequenting* § 18.2-347
    • generally* § 18.2-346
    • give information to enable prostitution* § 182.-348
    • offering money for sex* § 18.2-348
    • procurement:
      • generally* § 18.2-348
    • solicitation of prostitution* § 18.2-346
    • transporting to place of prostitution* § 18.2-348
    • vehicle, owner permitting use* § 18.2-349
  • sexual battery [requires three convictions or one conviction “where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10” for registration as a sex offender]:
    • generally § 18.2-67.4
    • inmate being victim § 18.2-67.4
    • parolee being victim § 18.2-67.4
    • pretrial offender being the victim § 18.2-67.4
    • posttrial offender being the victim § 18.2-67.4
    • probationer being the victim § 18.2-67.4
  • solicitation of prostitution* § 18.2-346

Sources: Appendix B of Virginia’s Magistrate’s Manual, § 9.1-902 of the Code of Virginia

3 Comments

  1. justice4all says:

    Hey Tim – I’m pretty sure that a third offense of indecent exposure, public masturbation, and contributing (sex w/ a minor) elevate the crime to a felony & require sex offender registration in the same way a third DUI or Domestic A&B does.

  2. Yep, you’re right, I missed § 18.2-67.5:1 when going through Appendix B and the Code of Virginia. I’ll update the post to reflect that.

  3. Actually, § 18.2-67.5:1 doesn’t include public masturbation (§ 18.2-387.1):

    When a person is convicted of sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of subsection C of § 18.2-67.5, a violation of § 18.2-371 involving consensual intercourse with a child, indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387, or a violation of § 18.2-130, and it is alleged in the warrant, information or indictment on which the person is convicted and found by the court or jury trying the case that the person has previously been convicted within the ten-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, he shall be guilty of a Class 6 felony.

    It includes indecent exposure (§ 18.2-387) but not public masturbation (§ 18.2-387.1).

    Of course, public masturbation would fall under indecent exposure as well, so you could just charge him with that and be done with it.

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