Abduction with Intent to Defile (Post 2 of 5)
September 28, 2016 by Jean Humbrecht
Abduction in Virginia for immoral purposes is considered aggravated abduction and significantly increases the penalties for an abduction conviction. Aggravated abduction in Virginia is charged under Va. Code §18.2-48 and is committed when an offender abducts a person with the intent to extort money, abducts with intent to defile, abducts a minor for concubinage
or prostitution or any person for the purposes of prostitution, or abducts a minor to manufacture child pornography.
This is the 2nd post in a 5 part series discussing how an offender can be convicted of aggravated abduction in Virginia. This post focuses on abduction with intent to defile in Virginia under Va. Code §18.2-48(ii).
For more information on abduction with intent to extort money, click here. For more information on abduction of a minor for concubinage or prostitution, see post 3 in this series. See post 4 for information on abduction for purposes of prostitution. See post 5 in this series for more information on abduction of a minor to manufacture child pornography
Abduction with Intent to Defile in Virginia
Aggravated abduction under Va. Code §18.2-48(ii) is committed when an offender abducts a person with the intent to defile the victim. To convict an offender of abduction with intent to defile in Virginia under Va. Code §18.2-48(ii), the Commonwealth must prove both that the offender abducted the victim and did so with the intent to defile the victim. An offender commits an abduction with intent to define in Virginia by:
- using force, intimidation or deception to
- seize, take, transport, detain or secrete
- another person
- with intent to deprive that person of personal liberty or withhold that person from lawful custody
- without legal justification or excuse
- with the intent to defile the victim.
Defile refers to sexual acts and includes rape, sodomy, carnal knowledge, and object sexual penetration. The offender can be convicted of abduction with intent to defile even if there was been no actual defilement, as long as the Commonwealth proves he abducted with the intent to defile.
Penalty for Abduction with Intent to Defile in Virginia
Abduction with intent to defile in Virginia under Va. Code §18.2-48(ii) is a Class 2 felony. Abduction with intent to defile in Virginia is punished with 20 years up to life in prison and a fine up to $100,000. The statute also provides that if the offender is not sentenced to life in prison, the judge must impose a suspended prison sentence of at least 40 years. This suspended prison sentence will remain suspended for the rest of the offender’s life.
Additionally, the offender will be prohibited for the rest of his life from going within 100 feet of the premises of a playground, athletic field, athletic facility, or gym operated by any locality if the purpose is to have contact with any child not in his custody. See Va. Code §18.2-370.2.
Abduction with Intent to Defile in Virginia Statute
§18.2-48. Abduction with intent to extort money or for immoral purpose.