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Just found out that I have court in the morning concerning custody of my son! I am his only parent. (Father deceased before birth). He is in VA, and I live in TN, now. I can't go into the whole background due to time issue,so here goes...What is the age of consent?
Virginia
There is no unfettered age of consent in Virginia according to state Codes. The effective age of consent is 18 with an ostensible close in age exception of 15 for those under 18. However the legislation is not clear cut, the details are discussed below:
Any penetrative sexual act other than penile-vaginal intercourse is defined in Virginia law as 'sodomy.' Section 18.2-361 of the Code of Virginia entitled "Crimes against nature" states in part;
"If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of ... felony..."
In addition, any sexual intercourse is defined in Virginia law as 'fornication.' Section 18.2-344 of the Code of Virginia entitled "Crimes against nature" states;
"Any person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor."
The courts of Virginia have ruled that these statutes are not invalid under the US Supreme Court's decision in Lawrence v. Texas since that case only applied to adults, and the age of majority in Virginia is 18. This means that those 18 and above involved in consensual activity in private may have a defense in court, but those under 18 do not.
Otherwise the age of consent appears to be 15 as stated in Section 18.2-63 of the Code which states in part;
"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 ... felony ... 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, analingus, anal intercourse, and animate and inanimate object sexual penetration."
However, consensual sex where one partner is 15-17 and the other is over 18 is a class 1 misdemeanor (18.2-371 contributing to the delinquency of a minor).
§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age.
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.
However, if such child is thirteen years of age or older but under fifteen years of age and 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.
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, anallingus, anal intercourse, and animate and inanimate object sexual penetration.
§ 18.2-66. Effect of subsequent marriage to child over fourteen years of age.
If the carnal knowledge is with the consent of the child and such child is fourteen years of age or older, the subsequent marriage of the parties may be pleaded to any indictment found against the accused. The court, upon proof of such marriage, and that the parties are living together as husband and wife, and that the accused has properly provided for, supported, and maintained and is at the time properly providing, supporting and maintaining the spouse and the issue of such marriage, if any, shall continue the case from time to time and from term to term, until the spouse reaches the age of sixteen years. Thereupon the court shall dismiss the indictment already found against the accused for the aforesaid offense. However, if the accused deserts such spouse before the spouse reaches the age of sixteen without just cause, any indictment found against the accused for such offense shall be tried without regard to the number of times the case has been continued, and whether such continuance is entered upon the order book.
§ 18.2-370. Taking indecent liberties with children; penalties.
A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony:
(1) Expose his or her sexual or genital parts to any child to whom such person is not legally married or propose that any such child expose his or her sexual or genital parts to such person; or
(2) [Repealed.]
(3) Propose that any such child feel or fondle the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of any such child; or
(4) Propose to such child the performance of an act of sexual intercourse or any act constituting an offense under § 18.2-361; or
(5) Entice, allure, persuade, or invite any such child to enter any vehicle, room, house, or other place, for any of the purposes set forth in the preceding subdivisions of this section.
B. Any person 18 years of age or over who, with lascivious intent, knowingly and intentionally receives money, property, or any other remuneration for allowing, encouraging, or enticing any person under the age of 18 years to perform in or be a subject of sexually explicit visual material as defined in § 18.2-374.1 or who knowingly encourages such person to perform in or be a subject of sexually explicit material; shall be guilty of a Class 5 felony.
C. Any person who is convicted of a second or subsequent violation of this section shall be guilty of a Class 4 felony; provided that (i) the offenses were not part of a common act, transaction or scheme; (ii) the accused was at liberty as defined in § 53.1-151 between each conviction; and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.
D. Any parent, step-parent, grandparent or step-grandparent who commits a violation of either this section or clause (v) or (vi) of subsection A of § 18.2-370.1 (i) upon his child, step-child, grandchild or step-grandchild who is at least 15 but less than 18 years of age is guilty of a Class 5 felony or (ii) upon his child, step-child, grandchild or step-grandchild less than 15 years of age is guilty of a Class 4 felony.
§ 18.2-370.01. Indecent liberties by children; penalty.
Any child over the age of thirteen years but under the age of eighteen who, with lascivious intent, knowingly and intentionally exposes his or her sexual or genital parts to any other child under the age of fourteen years who, measured by actual dates of birth, is five or more years the accused's junior, or proposes that any such child expose his or her sexual or genital parts to such person, shall be guilty of a Class 1 misdemeanor.
§ 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant.
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. This section shall not be construed as repealing, modifying, or in any way affecting §§ 18.2-18, 18.2-19, 18.2-61, 18.2-63, 18.2-66, and 18.2-347.
If the prosecution under this section is based solely on the accused parent having left the child at a hospital or rescue squad, it shall be an affirmative defense to prosecution of a parent under this section that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within the first 14 days of the child's life.
I hope this is the information you are looking for. If not I think you will have to give more details so it can be answered better.
When you don't give any background information on the case we have to do on what you ask. This is why GV70 wanted more information.
To answer your question... 18. You can request that the Judge take into consideration what your son wants but most of the time it will depend on your past history with the court and the age of the child, whats best for the child, things like that. There are to many unknowns to try to help you without background like why he is not with you now, how long has he been gone and who is he with and why he wants to leave there and go with you.
I know that in Virginia Beach getting a judge to talk to kids is not easy, most Judge's here, and all over really, wont put the child through it. Kids are always changing their minds and wanting to go with whoever has the "best" things in their home or less rules, things like that.
Maybe if you give us some of the details then we can help.
Comments on this postloves2singangel disagrees: I want an answer, not more ?s Can you help me?
As GV70 pointed out, you are using the comments feature incorrectly. This is the second comment I've seen from you that is inappropriate. Many times a member asks a question that we can't answer without knowing more details. If we ask for more details, then help us help you by supplying them.
In your case, your initial question was confusing. What does age of consent have to do with custody of child who has to be near adulthood if he does not live with you but you are the sole parent. You said in your initial post that you had no time for background. But you can't expect us to take the time to answer when the question makes no sense.
She posted the same thing when I tried to answer another thread - hopefully this will be pulled. You don't deserve it and OP doesn't understand that you cannot give an opinion without the facts.
You asked what the age of consent is... that is a sexual question. Then commented on an answer that you want him to come home that your question had nothing to do with sex. So I'm gonna go out on a limb and guess that you asked your question wrong and what you want to know is how old a child has to be before they can decide where they want to live. If this is the case the answer is 18. The judge will hear their testomony before that age but it is up to the judge to decide what is in the best interest of the child as to with whom they reside.
In your case, your initial question was confusing. What does age of consent have to do with custody of child who has to be near adulthood if he does not live with you but you are the sole parent. You said in your initial post that you had no time for background. But you can't expect us to take the time to answer when the question makes no sense.
It is the same as "I smoke cigarettes and I have a fridge. What is the name of my cousin who visited me two weeks ago?"
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