Last reviewed October 16, 2026 by Kimberly Stover, The Law Office of Kimberly Stover, PLLC
Sexual battery is a specific crime in Virginia; “sexual assault” is not. Under Va. Code § 18.2-67.4, sexual battery is sexual touching, as the Code defines it, done against the other person’s will by force, threat, intimidation or ruse. It is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. “Sexual assault” is the heading of the whole article of the Code (Article 7, “Criminal Sexual Assault”) that also covers rape, forcible sodomy, object sexual penetration and aggravated sexual battery, which are felonies.
What is sexual battery under Virginia law?
Va. Code § 18.2-67.4 makes it a crime to commit “sexual abuse,” as defined in Va. Code § 18.2-67.10, in any of several situations. The most common charge is the first one in the statute:
- sexual abuse of the complaining witness (the person who made the accusation)
- against that person’s will
- by force, threat, intimidation or ruse.
The statute also covers sexual abuse without consent of more than one person, or of one person more than once, within a two-year period, and sexual abuse by people in positions of authority over someone in custody, such as jail and probation staff and law-enforcement officers with a person they have detained or arrested.
What does “sexual abuse” mean in a Virginia sexual battery case?
Va. Code § 18.2-67.10 defines “sexual abuse” as an act done with the intent to sexually molest, arouse or gratify any person, where the accused intentionally touches the complaining witness’s intimate parts, or the clothing directly covering them, or forces the complaining witness to touch intimate parts. The same section defines “intimate parts” as the genitalia, anus, groin, breast or buttocks of any person, or the chest of a child under 15.
How is sexual battery different from “sexual assault” in Virginia?
People use “sexual assault” for many kinds of accusations. The Code of Virginia uses it as a category, not as the name of a single charge. Article 7 of Chapter 4 of Title 18.2, titled “Criminal Sexual Assault,” includes these offenses:
| Charge | Statute | Classification | Penalty range |
|---|---|---|---|
| Sexual battery | § 18.2-67.4 | Class 1 misdemeanor | Up to 12 months in jail and a $2,500 fine (§ 18.2-11) |
| Aggravated sexual battery | § 18.2-67.3 | Felony | 1 to 20 years in prison and a fine of up to $100,000 |
| Object sexual penetration | § 18.2-67.2 | Felony | 5 years to life in prison |
| Forcible sodomy | § 18.2-67.1 | Felony | 5 years to life in prison |
| Rape | § 18.2-61 | Felony | 5 years to life in prison |
The main dividing line is that sexual battery and aggravated sexual battery involve touching, while rape, forcible sodomy and object sexual penetration involve penetration or intercourse as the Code defines those acts.
When does sexual battery become aggravated sexual battery, a felony?
Under Va. Code § 18.2-67.3, the same kind of touching becomes aggravated sexual battery, a felony punishable by one to 20 years in prison, when, among other circumstances:
- the complaining witness is under 13;
- the act is accomplished through the complaining witness’s mental incapacity or physical helplessness;
- the accused is a parent, stepparent, grandparent or step-grandparent and the complaining witness is 13 to 17; or
- the act is accomplished by force, threat or intimidation and the complaining witness is 13 or 14, the accused causes serious bodily or mental injury, or the accused uses or threatens to use a dangerous weapon.
The statute also covers certain acts by massage therapists and health care providers that are not a recognized form of treatment and are done without the patient’s express consent. Separately, Va. Code § 18.2-67.4:2 makes it a Class 1 misdemeanor for an adult to commit sexual abuse, with lascivious intent, of a child who is 13 or 14.
Does a sexual battery conviction require sex offender registration in Virginia?
Sometimes. Under Va. Code § 9.1-902, a sexual battery conviction under § 18.2-67.4 requires registration on the Virginia Sex Offender and Crimes Against Minors Registry when it is the person’s third or subsequent sexual battery conviction, or when the complaining witness was a minor, physically helpless or mentally incapacitated. Aggravated sexual battery under § 18.2-67.3 is listed in § 9.1-902 as a Tier III offense, the most serious registration category. Registration is a separate consequence from jail or a fine, and it can last a lifetime. See The Long-Term Consequences of a Sex Crime Conviction.
How long does the Commonwealth have to bring a misdemeanor sexual battery charge?
For most misdemeanors, including sexual battery against an adult, Va. Code § 19.2-8 requires the prosecution to begin within one year. However, if the complaining witness was a minor at the time, § 19.2-8 allows a misdemeanor sexual battery prosecution to begin up to one year after the complaining witness turns 18 (their 19th birthday). If the accused was an adult and more than three years older than the juvenile complaining witness at the time of the alleged offense, the prosecution may begin within five years of the complainant turning 18 (their 23rd birthday).
Where are sexual battery cases heard in Northern Virginia?
A misdemeanor sexual battery charge against an adult is typically tried in the General District Court for the city or county where the incident is alleged to have happened:
- Alexandria: Alexandria General District Court, 520 King Street, Alexandria
- Arlington: Arlington County General District Court, 1425 North Courthouse Road, Arlington
- Fairfax County: Fairfax County General District Court, 4110 Chain Bridge Road, Fairfax
- Loudoun: Loudoun County General District Court, 2 Church Street NE, Leesburg
- Prince William: Prince William County General District Court, 9311 Lee Avenue, Manassas
When the accused and the complaining witness are family or household members, the case typically starts in that locality’s Juvenile and Domestic Relations District Court instead (Va. Code § 16.1-241(J)). The Juvenile and Domestic Relations District Court also hears cases where the accused or the complaining witness is under 18 (Va. Code § 16.1-241). A felony charge, such as aggravated sexual battery, typically begins with a preliminary hearing in the district court (Va. Code § 19.2-218) and, if the judge finds probable cause, moves to the Circuit Court for the same locality for trial. A misdemeanor conviction in district court can be appealed to the Circuit Court within 10 days for a new trial (Va. Code § 16.1-132).
Frequently asked questions
Usually, no, but it can be. Sexual battery under Va. Code § 18.2-67.4 is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. However, a third offense of sexual battery (or other qualifying sexual offenses) within 10 years is a felony, punishable by up to 5 years in prison (Va. Code § 18.2-67.5:1). Aggravated sexual battery under § 18.2-67.3 is a felony punishable by one to 20 years in prison.
Not by that name. “Criminal Sexual Assault” is the title of Article 7 of Chapter 4 of Title 18.2 of the Code of Virginia, which contains the specific charges: sexual battery, aggravated sexual battery, object sexual penetration, forcible sodomy and rape.
No. The definition of “sexual abuse” in Va. Code § 18.2-67.10 includes touching the clothing directly covering a person’s intimate parts.
Usually not, unless the complaining witness was a minor, physically helpless or mentally incapacitated. Under Va. Code § 9.1-902, registration otherwise applies to a third or subsequent sexual battery conviction.
Charged with sexual battery in Northern Virginia?
The Law Office of Kimberly Stover, PLLC defends sex crime charges in Alexandria, Arlington, Fairfax, Loudoun and Prince William. See our sex crime defense pages for Fairfax, Arlington, Loudoun, Prince William and Alexandria. If police have contacted you but no charge has been filed, read Being Investigated for Sexual Assault in Virginia? What to Do Next.
About the author
Kimberly Stover is the founding attorney of The Law Office of Kimberly Stover, PLLC. A former public defender, she has more than 15 years of Virginia criminal defense experience and serves on the boards of the Virginia Association of Criminal Defense Lawyers (VACDL) and Justice Forward Virginia. She is a graduate of Georgetown University Law Center. Offices: 211 North Union Street, Suite 100, Alexandria, VA 22314, and 8280 Willow Oaks Corporate Drive, Suite 600, Fairfax, VA 22031. Full attorney profile · (571) 554-5977
Call (571) 554-5977 to talk with us about your case.
This post is general information about Virginia law, not legal advice.
