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Lawmoe
Lawmoe, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  More than 19 years of experience as a Criminal Defense Lawyer
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i know someone who was arrested for carnal knowledge female

Customer Question

i know someone who was arrested for 'carnal knowledge female child' - he's 23. i'm confused about this charge because i've seen 'age of consent is 16 in VA' all over the place. whether she is 15 or 17 doesn't really matter - it's still wrong, but i just want to be sure about the charge itself. can you help me?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Lawmoe replied 4 years ago.
Do you have the statute they were charged under. There is often an exception for a person in authority like a teacher or coach.

Edited by Lawmoe on 2/10/2010 at 6:36 AM EST
Customer: replied 4 years ago.

i'm not sure i completely understand the question, but this person is not in a position of authority.

Expert:  Lawmoe replied 4 years ago.

Do you know the statute they were charged under? If not, what is the persons name. I can likely look it up.

 



Edited by Lawmoe on 2/10/2010 at 6:43 AM EST
Customer: replied 4 years ago.

information which i believe is from the Fairfax PD arrest record said 'carnal knowl female child' - is that enough to go on?

Expert:  Lawmoe replied 4 years ago.

No-- I need a name and the county

 

This is the statute in Virginia

 

§ 18.2-64.1. Carnal knowledge of certain minors.

If any person providing services, paid or unpaid, to juveniles under the purview of the Juvenile and Domestic Relations District Court Law, or to juveniles who have been committed to the custody of the State Department of Juvenile Justice, carnally knows, without the use of force, any minor fifteen years of age or older, when such minor is confined or detained in jail, is detained in any facility mentioned in § 16.1-249, or has been committed to the custody of the Department of Juvenile Justice pursuant to § 16.1-278.8, knowing or having good reason to believe that (i) such minor is in such confinement or detention status, (ii) such minor is a ward of the Department of Juvenile Justice, or (iii) such minor is on probation, furlough, or leave from or has escaped or absconded from such confinement, detention, or custody, he shall be guilty of a Class 6 felony.

For the purposes of this section, "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse, and animate and inanimate object sexual penetration



Edited by Lawmoe on 2/10/2010 at 6:49 AM EST
Customer: replied 4 years ago.
age 23, 12/17/2009 is approximate date of arrest.

Edited by Al-Mod on 3/14/2010 at 12:24 AM EST
Expert:  Lawmoe replied 4 years ago.

I am sorry. Fairfax is not online. However, if that is the charge, the age of consent is 15, not 16. They must allege that the contact occurred before the age of 15 or that the sexual contact was by force.

 

§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age.

A. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony.

B. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age who consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be guilty of a Class 4 misdemeanor.

In calculating whether such child is three years or more a junior of the accused minor, the actual dates of birth of the child and the accused, respectively, shall be used.

C. For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration.

 

 

Lawmoe, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2415
Experience: More than 19 years of experience as a Criminal Defense Lawyer
Lawmoe and 7 other Criminal Law Specialists are ready to help you
Expert:  Lawmoe replied 4 years ago.
Is the court in another location? Please tell me where the court is located.

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