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Virginia criminal charge

Sexual battery in Virginia

class 1 misdemeanorCurrent through 2026 Virginia legislative session

Sexual battery is a class 1 misdemeanor under Virginia criminal law, defined by Va. Code Ann. § 18.2-67.4. As a class 1 misdemeanor, it is punishable within the statutory sentencing range Virginia sets for that offense class. Virginia classifies offenses as Class 1 through Class 6 felonies and Class 1 through Class 4 misdemeanors (Va. Code Ann. § 18.2-9), with the standard punishment ranges set by §§ 18.2-10 and 18.2-11 — and a substantial number of offenses are unclassified, with the penalty stated in the defining section itself. Traffic infractions are not criminal offenses (§ 18.2-8).

Defined by Va. Code Ann. § 18.2-67.4.

What is the penalty for sexual battery in Virginia?

Penalties for Sexual battery
PenaltyRangeBasisAuthority
Jail / prisonup to 12 months (no statutory minimum)discretionaryVa. Code Ann. § 18.2-11
Fineup to $2,500 (either or both with confinement (§ 18.2-11(a)))discretionaryVa. Code Ann. § 18.2-11

Applies to current.

Common questions about sexual battery in Virginia

Is sexual battery a felony or a misdemeanor in Virginia?

Sexual battery is a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-67.4.

What are the penalties for sexual battery in Virginia?

As a class 1 misdemeanor, sexual battery carries up to 12 months (no mandatory minimum) of incarceration and a fine of up to $2,500 (no mandatory minimum) under Va. Code Ann. § 18.2-11 (current).

Which Virginia statute covers sexual battery?

Sexual battery is governed by Va. Code Ann. § 18.2-67.4 (Sexual battery).

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.