Santillo v. Commonwealth

FITZPATRICK, Chief Judge.

Giulio Santillo (appellant) was convicted of sodomy involving a sixteen-year-old victim, in violation of Code § 18.2-361. On appeal, he contends the trial court erred in denying his pretrial motion to dismiss the indictment because (1) the statute violates his constitutional right to privacy and must be narrowly construed to exclude private acts of consensual heterosexual sodomy and (2) the statute is unconstitutionally vague. For the following reasons, we affirm his conviction.

I. BACKGROUND

Under familiar principles of appellate review, we examine the evidence in the…