Virginia Code Title 18.2. Crimes and Offenses Generally § 18.2-67.3. Aggravated sexual battery; penalty

1. The complaining witness is less than 13 years of age; or

2. The act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness; or

3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age; or

4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and

5. The offense is not a recognized form of treatment in the profession, and is committed, without the express consent of the patient, by (i) a massage therapist, or a person purporting to be a massage therapist, during an actual or purported practice of massage therapy, as those terms are defined in § 54.1-3000; (ii) a person practicing or purporting to practice the healing arts, during an actual or purported practice of the healing arts, as those terms are defined in §§ 54.1-2900 and 54.1-2903; or (iii) a physical therapist, or a person purporting to be a physical therapist, during an actual or purported practice of physical therapy, as those terms are defined in § 54.1-3473.