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Fourth Circuit: Statutory Rape Not a "Violent Felony" Under ACCA

By Corey Rayburnyung

The Fourth Circuit, in United States v. Thornton, No. 08-4251, 2009 U.S. App. LEXIS 1988 (4th Cir. Feb. 3, 2009), held that Virginia's statutory rape offense is not a "violent felony" under the Armed Career Criminal Act in light of the U.S. Supreme Court's recent decision in Begay v. United States, 128 S. Ct. 1581 (2008). You can read the opinion here. From the opinion: A jury convicted Michael Ray Thornton of possessing a firearm and body armor in violation of 18 U.S.C. §§ 922(g)(1) and 931.  During his sentencing, the district court classified Thornton as an armed career criminal subject to a sentence enhancement based in part on a 1986 statutory rape conviction. At issue on appeal is whether Virginia?s statutory rape offense, which makes it a crime to "carnally know[ ], without the use of force, a child" between thirteen and fifteen years of age, is a "violent felony" under the Armed Career Criminal Act ("ACCA"), 18 U...continue to full post

Full post as published by Sex Crimes on February 04, 2009 (boomark / email).