There's another bad bill in the Virginia House, as seen on Democracy for Virginia: HB1807, which aims to make some instances of providing contraception to minors a felony.

HOUSE BILL NO. 1807 :: Offered January 12, 2005 :: Prefiled January 5, 2005
A BILL to amend the Code of Virginia by adding a section numbered 18.2-63.2, relating to providing birth control to a minor in certain circumstances; penalty.
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Patrons-- Marshall, R.G. and Black, Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-63.2 as follows: § 18.2-63.2. Providing birth control to minor in certain circumstances; penalty. If any person knows or has reason to believe that a minor is engaging in sexual relations with a person three years or more older than the minor and such person provides the minor with a contraceptive or contraceptive device, he shall be guilty of a Class 6 felony*.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and $0 for periods of commitment to the custody of the Department of Juvenile Justice.

First of all, "knows or has reason to believe" is a criminal element that might be tad hard to prove or disprove. Notice the wording doesn't say "adult" - but "three years or more older" - and "provide," not "sell." This stretches the bill's scope to include cases where the contraception is given free of charge, and where both the minor and their sexual partner(s) are under 18.

Essentially, any Virginian who gives their teenage child, brother, sister or friend a condom might be setting themselves up for felony jail time if said teen engages in sex with someone three years older.

I think the main gist (and the main problem) with HB 1807 is that its loose wording also potentially makes the selling or giving of contraception to minors by pharmacies or clinics (like Planned Parenthood) a legal minefield, which (cynical me!) I suspect may have been the sponsors' intention. Consider that anyone who was found guilty of violating such a law would have to list themselves as a "convicted felon" in many instances (job applications, for example) - which seems ridiculous, and ridiculously harsh.

While never directly addressing the issue of sex between minors and older teens or adults, HB 1807 aims to criminalize efforts at preventing teen pregnancy, or the spread of sexually transmitted infections. What would be the public benefit of such a law? It's the proverbial case of creating a second wrong, in a misguided effort at preventing or correcting the first.

Have these Virginia legislators nothing more useful to do than making sex-related criminal laws? You'd think there weren't any more pressing matters; like child poverty, failing schools, and the War on Terror.

On the other hand, let's not give them any bright ideas.

* Other crimes classified as Class 6 felonies [punishable by prison terms of one to 5 years] in Virginia include:

• § 18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.
• Abduction or kidnapping by a parent
• Improper disposal of 500 or more automotive tires
• § 18.2-60.1. Threatening the Governor or his immediate family
• Planting a fake bomb
• Breaking and entering an occupied dwelling, without a deadly weapon [possessing one at the time of the crime bumps the severity to a Class 5 felony]
• Cross-burning, or displaying swastikas with intention to intimidate
• § 28.2-518. Dredging for oysters in James River
• Hiding Grandma's will

Priorities, priorities...

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