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