VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT:
Class 6 Felony Attempted Crimes Against Nature charge for attempted bestiality resulted in a probation sentence, with no active jail time.
§ 18.2-361. Crimes against nature; penalty.
A. 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 a Class 6 felony, except as provided in subsection B.
B. Any person who performs or causes to be performed cunnilingus, fellatio, anilingus or anal intercourse upon or by his daughter or granddaughter, son or grandson, brother or sister, or father or mother is guilty of a Class 5 felony. However, if a parent or grandparent commits any such act with his child or grandchild and such child or grandchild is at least 13 but less than 18 years of age at the time of the offense, such parent or grandparent is guilty of a Class 3 felony.
C. For the purposes of this section, parent includes step-parent, grandparent includes step-grandparent, child includes step-child and grandchild includes step-grandchild.
§ 18.2-26. Attempts to commit noncapital felonies; how punished.
Every person who attempts to commit an offense which is a noncapital felony shall be punished as follows:
(1) If the felony attempted is punishable by a maximum punishment of life imprisonment or a term of years in excess of twenty years, an attempt thereat shall be punishable as a Class 4 felony.
(2) If the felony attempted is punishable by a maximum punishment of twenty years’ imprisonment, an attempt thereat shall be punishable as a Class 5 felony.
(3) If the felony attempted is punishable by a maximum punishment of less than twenty years’ imprisonment, an attempt thereat shall be punishable as a Class 6 felony.
