Law Offices of Christie A. Leary P.C.

Fairfax/Manassas Criminal & Personal Injury Blog

In Virginia, accusations of various sex crimes carry a stigma with them that can follow a person around for his or her entire life. There are numerous different levels of these types of crimes. One in particular that can cause significant problems is infected sexual battery. This has to do with a person having sex with another and knowingly and with intent trying to pass the infection on to another or failing to disclose the presence of the disease prior to the sexual act or acts.

If a person is infected with HIV, syphilis or hepatitis B, and engages in sexual intercourse, fellatio, cunnilingus, anallingus or anal intercourse and does so intending to infect the other person with the disease, this will be a Class 6 felony. If there is a conviction for a Class 6 felony, it could result in between one and five years or one to twelve months incarceration, a fine of up to $2,500 or both.

If a person who is infected with HIV, syphilis or hepatitis B and has sexual intercourse, fellatio, cunnilingus, anallingus or anal intercourse and does not inform the other person that the disease is present will face charges for a Class 1 misdemeanor. With a conviction for a Class 1 misdemeanor, there could be up to 12 months in jail, a fine of up to $2,500 or both.

For a person who is suffering from one of the above-listed diseases, their life can be hard enough trying to stay healthy. If there are allegations related to infected sexual battery, the accused person needs to understand how this can cause damage to reputation and a personal life. An important factor regarding sex offenses is to speak to a qualified attorney experienced with defending clients facing these charges.

Source: VAcode.org, "18.2-67.4:1 -- Infected sexual battery; penalty," accessed on Dec. 7, 2015

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