2023 Regular SessionVirginia Legislature

HB2398: Sexual extortion; penalty.

Legislative Summary

Sexual extortion; penalties. Creates a Class 5 felony for any person who maliciously threatens in writing, including an electronically transmitted communication producing a visual or electronic message, (i) to disseminate, sell, or publish a videographic or still image, created by any means whatsoever, or (ii) to not delete, remove, or take back a previously disseminated, sold, or published videographic or still image, created by any means whatsoever, that depicts the complaining witness or such complaining witness's family or household member as totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast with the intent to cause the complaining witness to engage in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse and thereby engages in such acts. The bill also creates an unclassified felony punishable by not less than one nor more than 20 years and a fine of not more than $100,000 for any adult who violates the provisions of the bill with a person under the age of 18. Sexual extortion; penalties. Creates a Class 5 felony for any person who maliciously threatens in writing, including an electronically transmitted communication producing a visual or electronic message, (i) to disseminate, sell, or publish a videographic or still image, created by any means whatsoever, or (ii) to not delete, remove, or take back a previously disseminated, sold, or published videographic or still image, created by any means whatsoever, that depicts the complaining witness or such complaining witness's family or household member as totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast with the intent to cause the complaining witness to engage in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse and thereby engages in such acts. The bill also creates an unclassified felony punishable by not less than one nor more than 20 years and a fine of not more than $100,000 for any adult who violates the provisions of the bill with a person under the age of 18.

Demographic Impact

Overall analysis of equity impact

80% Positive
High ConfidenceView detailed demographic breakdown ↓

Unlock Full Demographic Insights

Go beyond the overall score.

Gain a deeper understanding of this bill's potential impact across diverse communities, including detailed breakdowns by category and subgroup. Access to this granular analysis helps ensure equitable outcomes.

Enable full analysis features for your organization.

Contact Sales to Learn More

Or email us directly at sales@legiequity.us.

Bill History

1/17/2023
Presented and ordered printed 23104440D
House of Delegates
1/17/2023
Referred to Committee for Courts of Justice
House of Delegates
1/31/2023
Assigned Courts sub: Subcommittee #1
House of Delegates
2/1/2023
Subcommittee recommends reporting (8-Y 0-N)
House of Delegates
2/3/2023
Reported from Courts of Justice (20-Y 0-N)
House of Delegates
2/5/2023
Read first time
House of Delegates
2/6/2023
Read second time and engrossed
House of Delegates
2/7/2023
Read third time and passed House BLOCK VOTE (99-Y 0-N)
House of Delegates
2/7/2023
VOTE: Block Vote Passage (99-Y 0-N)
House of Delegates
2/8/2023
Constitutional reading dispensed
Senate
2/8/2023
Referred to Committee on the Judiciary
Senate
2/15/2023
Reported from Judiciary with substitute (12-Y 2-N 1-A)
Senate
2/15/2023
Rereferred to Finance and Appropriations
Senate
2/15/2023
Committee substitute printed 23106773D-S1
Senate
2/16/2023
Reported from Finance and Appropriations with substitute (14-Y 2-N)
Senate
2/16/2023
Committee substitute printed 23107010D-S2
Senate
2/20/2023
Constitutional reading dispensed (40-Y 0-N)
Senate
2/21/2023
Read third time
Senate
2/21/2023
Judiciary Committee substitute rejected 23106773D-S1
Senate
2/21/2023
Reading of substitute waived
Senate
2/21/2023
Finance and Appropriations Committee substitute agreed to 23107010D-S2
Senate
2/21/2023
Engrossed by Senate - committee substitute HB2398S2
Senate
2/21/2023
Passed Senate with substitute (38-Y 1-N)
Senate
2/21/2023
Reconsideration of Senate passage agreed to by Senate (39-Y 0-N)
Senate
2/21/2023
Passed Senate with substitute (39-Y 0-N)
Senate
2/22/2023
Senate substitute rejected by House 23107010D-S2 (0-Y 97-N)
House of Delegates
2/22/2023
VOTE: REJECTED (0-Y 97-N)
House of Delegates
2/23/2023
Senate insisted on substitute (40-Y 0-N)
Senate
2/23/2023
Senate requested conference committee
Senate
2/23/2023
House acceded to request
House of Delegates
2/23/2023
Conferees appointed by House
House of Delegates
2/23/2023
Delegates: Bell, Campbell, E.H., Herring
House of Delegates
2/23/2023
Conferees appointed by Senate
Senate
2/23/2023
Senators: Petersen, Surovell, Stanley
Senate
2/25/2023
Conference: Amended by conference committee
2/25/2023
Conference substitute printed 23107556D-H1
House of Delegates
2/25/2023
Conference report agreed to by Senate (37-Y 3-N)
Senate
2/25/2023
Conference report agreed to by House (96-Y 0-N)
House of Delegates
2/25/2023
VOTE: Adoption (96-Y 0-N)
House of Delegates
3/7/2023
Enrolled
House of Delegates
3/7/2023
Bill text as passed House and Senate (HB2398ER)
House of Delegates
3/8/2023
Signed by Speaker
House of Delegates
3/8/2023
Signed by President
Senate
3/13/2023
Enrolled Bill communicated to Governor on March 13, 2023
House of Delegates
3/13/2023
Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
3/26/2023
Governor: Approved by Governor-Chapter 612 (effective 7/1/23)
3/26/2023
Governor: Acts of Assembly Chapter text (CHAP0612)

Amendments

Conference amendments

Conference amendments

2/25/2023Not Adopted

Substitute for HB2398 for S-Judiciary

Substitute for HB2398 for S-Judiciary

2/15/2023Not Adopted

Roll Call Votes

House: VOTE: Adoption (96-Y 0-N)
2/25/2023
96
Yea
0
Nay
0
Not Voting
4
Absent
Result: PASSED
Senate: Conference report agreed to by Senate (37-Y 3-N)
2/25/2023
37
Yea
3
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Senate insisted on substitute (40-Y 0-N)
2/23/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: REJECTED (0-Y 97-N)
2/22/2023
0
Yea
97
Nay
0
Not Voting
3
Absent
Result: FAILED
Senate: Passed Senate with substitute (38-Y 1-N)
2/21/2023
38
Yea
1
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Reconsideration of Senate passage agreed to by Senate (39-Y 0-N)
2/21/2023
39
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Passed Senate with substitute (39-Y 0-N)
2/21/2023
39
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
2/20/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Finance and Appropriations with substitute (14-Y 2-N)
2/16/2023
14
Yea
2
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Judiciary with substitute (12-Y 2-N 1-A)
2/15/2023
12
Yea
2
Nay
1
Not Voting
0
Absent
Result: PASSED
House: VOTE: Block Vote Passage (99-Y 0-N)
2/7/2023
99
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Reported from Courts of Justice (20-Y 0-N)
2/3/2023
20
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting (8-Y 0-N)
2/1/2023
8
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(3/26/2023)
Chamber
House of Delegates
Sine DiePrior Session

Sponsors

Republican: 1
Democrat: 1

Primary Sponsor

Robert Bell
Robert Bell
Republican

Co-Sponsors (1)

Documents

Chaptered
Bill Text3/26/20233.2 KB
Enrolled
Bill Text3/7/20233.2 KB
Conference Sub
Bill Text2/25/20233.3 KB
Comm Sub
Bill Text2/16/20233.1 KB
Comm Sub
Bill Text2/15/202318.9 KB
Introduced
Bill Text1/17/202323.1 KB
Fiscal Note/Analysis
Fiscal Note/Analysis3/10/202335.9 KB
Fiscal Note/Analysis
Fiscal Note/Analysis3/9/202379.2 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/28/202379.4 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/18/202379.0 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/18/202335.8 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/17/202342.0 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/26/202368.4 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/17/202343.9 KB