RICHMOND, VA – A new proposal before the Virginia General Assembly would eliminate mandatory minimum prison terms for several serious sex offenses, including rape and child pornography production, giving judges greater discretion in sentencing.
House Bill 863, introduced during the 2026 session, amends sections of the Virginia Code governing rape (§18.2-61), forcible sodomy (§18.2-67.1), and child pornography production (§18.2-374.1). The legislation strikes existing language that requires minimum prison sentences, instead allowing courts to determine punishment within established sentencing ranges.
Under current law, individuals convicted of rape involving victims under 13, or offenders significantly older than their victims, face mandatory minimum sentences of 25 years to life. The new bill would remove those fixed minimums, maintaining the same maximum penalties but giving judges flexibility to impose lighter sentences in some cases.
Similarly, mandatory minimum terms for certain child pornography offenses—previously requiring no less than five or fifteen years in prison depending on the victim’s age—would be repealed under the proposal.
Supporters of eliminating mandatory minimums argue that such laws prevent judges from considering unique circumstances in each case and can lead to disproportionate sentences. Opponents counter that mandatory minimums serve as an essential safeguard ensuring accountability for the most serious crimes.
The proposed changes would not decriminalize any offenses but would alter sentencing outcomes by allowing judicial discretion previously restricted by statute. The bill remains under review in the House of Delegates.
House Bill 863 would repeal mandatory minimum sentencing requirements for rape and child pornography convictions in Virginia, giving courts greater discretion in determining punishment.
