Virginia criminal charge
Sexual intercourse by persons forbidden to marry in Virginia
Sexual intercourse by persons forbidden to marry is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-366. 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. § 18.2-366.
What is the penalty for sexual intercourse by persons forbidden to marry in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Sexual intercourse with person forbidden to marry (general) — A person engages in sexual intercourse with someone he is forbidden by law to marry, unless subsection B applies.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Sexual intercourse with person forbidden to marry (general) — A person engages in sexual intercourse with someone he is forbidden by law to marry, unless subsection B applies.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 10 years (Incest with child or grandchild (adult victim) — A person engages in sexual intercourse with his daughter, granddaughter, son, grandson, father, or 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 (Incest with child or grandchild (adult victim) — A person engages in sexual intercourse with his daughter, granddaughter, son, grandson, father, or 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 (Incest with minor child or grandchild (13-17) — A parent or grandparent engages in sexual intercourse 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 (Incest with minor child or grandchild (13-17) — A parent or grandparent engages in sexual intercourse 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 sexual intercourse by persons forbidden to marry classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual intercourse with person forbidden to marry (general) | Class 1 Misdemeanor | A person engages in sexual intercourse with someone he is forbidden by law to marry, unless subsection B applies. | Va. Code Ann. § 18.2-366A |
| Incest with child or grandchild (adult victim) | Class 5 Felony | A person engages in sexual intercourse with his daughter, granddaughter, son, grandson, father, or mother. | Va. Code Ann. § 18.2-366B |
| Incest with minor child or grandchild (13-17) | Class 3 Felony | A parent or grandparent engages in sexual intercourse 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. § 18.2-366B |
Common questions about sexual intercourse by persons forbidden to marry in Virginia
Is sexual intercourse by persons forbidden to marry a felony or a misdemeanor in Virginia?
It depends on the circumstances: sexual intercourse by persons forbidden to marry ranges from a class 1 misdemeanor to a class 3 felony in Virginia under Va. Code Ann. § 18.2-366.
Sexual intercourse with person forbidden to marry (general): class 1 misdemeanor (Va. Code Ann. § 18.2-366A) · Incest with child or grandchild (adult victim): class 5 felony (Va. Code Ann. § 18.2-366B) · Incest with minor child or grandchild (13-17): class 3 felony (Va. Code Ann. § 18.2-366B)
What are the penalties for sexual intercourse by persons forbidden to marry in Virginia?
Which Virginia statute covers sexual intercourse by persons forbidden to marry?
Sexual intercourse by persons forbidden to marry is governed by Va. Code Ann. § 18.2-366 (Sexual intercourse by persons forbidden to marry; incest; penalties).
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.