Virginia criminal charge
Crimes against nature in Virginia
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?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 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))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up 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)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 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))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up 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)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 5 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.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up 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))) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is crimes against nature classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Carnal knowledge of a brute animal | Class 6 Felony | A person carnally knows in any manner a brute animal or voluntarily submits to such carnal knowledge. | Va. Code Ann. § 18.2-361A |
| Incestuous sodomy — general | Class 5 Felony | 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. | Va. Code Ann. § 18.2-361B |
| Incestuous sodomy — parent or grandparent with child/grandchild aged 13 to 17 | Class 3 Felony | 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. | 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.