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Sexual Penetration Virginia Double Jeopardy Lawyers Hampton City

Sexual Penetration Virginia Double Jeopardy Lawyers Hampton City

Stoner v. Commonwealth
Facts:

Defendant sought review of the judgment of the Circuit Court of the City of Hampton (Virginia), which convicted him of animate object sexual penetration, in violation of Va. Code Ann. § 18.2-67.2, and aggravated sexual battery, in violation of Va. Code Ann. § 18.2-67.3. Defendant contended that the trial court violated his Fifth Amendment right against double jeopardy by imposing multiple punishments for a single criminal act.

Sexual Penetration Virginia Double Jeopardy Lawyers Hampton City

Sexual Penetration Virginia Double Jeopardy Lawyers

Issue:
  • Whether the trial court did violated defendant’s Fifth Amendment right against double jeopardy?
Discussions:

While defendant was supervising a child under the age of 13, he pushed the child onto the bed, pulled down her pants, and penetrated the child’s vagina with his finger. Defendant was convicted of animate object sexual penetration and aggravated sexual battery in a single trial arising out of one physical touching. On appeal, the court found that, while object sexual penetration under Va. Code Ann. § 18.2-67.2 and aggravated sexual battery under Va. Code Ann. § 18.2-67.3 had some elements in common, aggravated sexual battery had an additional element that object sexual penetration did not in that object sexual penetration did not require proof of an intent to sexually molest, arouse, or gratify any person as required for a conviction of aggravated sexual battery and, thus, aggravated sexual battery could not be a lesser-included offense of object sexual penetration. Therefore, the court held that the trial court did not violate defendant’s Fifth Amendment right against double jeopardy.

The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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