VA Code 18.2-370.1 Interpretation
In Krampen v. Commonwealth, 29 Va. App. 163, 510 S.E.2d 276 (1999), the Court addressed a similar statute, Code 18.2-370.1.
That statute punishes persons who take indecent liberties with a child, under the age of eighteen, over which they have a "custodial or supervisory relationship."
In Krampen, the evidence established that, with the permission of the victim's mother, Krampen willingly drove the victim home from church. We found that "as the only adult present during those trips, Krampen had the responsibility for and control of the victim's safety and well-being while she was in his care.
His contact with the victim was in the nature of a baby-sitter, i.e. one entrusted with the care of the child for a limited period of time." Id. at 168, 510 S.E.2d at 278-79.
As stated above, Krampen concerned Code 18.2-370.1, which requires proof of a "custodial or supervisory" relationship. Code 18.2-371.1 does not go that far. Instead, it requires proof only that a person is "responsible for the care of a child."
The Court held that:
Code 18.2-370.1 is clear and unambiguous in requiring proof of a "custodial" or "supervisory" relationship over the victim. . . .