Staunton County Circuit Court January 21, 2000 (Commonwealth v. Townsend)

By Judge Humes J. Franklin, Jr.

In both of these cases, the defendants have challenged the constitutionality of Virginia Code § 46.2-357 and assert that a conviction based on such a charge would be a violation of each defendant’s rights under the Equal Protection Clause of the 14th Amendment of the United States Constitution and Article I, Section 11, of the Virginia Constitution.