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Virginia Code / Statutes

 
This Page was Last Updated on December 9, 2015 


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There has been serious discussion for a few years to rewrite the entire Code of Virginia but so far that has not happened. So I finally gave in and compiled all the links for relevant codes into one page to make it easier for those of you doing research and attempting to stay compliant. Remember if you are looking for the legal restrictions and regulations for Register Sex Offenders (RSO’s) in Virginia go here.  

For the code/statutes below, at the bottom of each statute page you will see years (1999, 2006, 2012, etc) with odd numbers following the dates, they are the bill #’s (with links) that became law. If you are looking for the history of a specific law this is how you track it backwards to learn if it was originally a misdemeanor and is now a felony, when it became a “registerable” offense all the way back to when it became a crime. 

There is also another site Virginia Decoded where you can also find our laws. For this page I’ve linked to the newer LIS site.
                                                                                                                                                                            - Mary D. Devoy

 
Title 9.1 Chapter 9  - Sex Offender and Crimes Against Minors Registry Act:
§ 9.1-900 -        Purpose of the Sex Offender and Crimes Against Minors Registry
§ 9.1-901 -         Persons for whom registration required
§ 9.1-902 -        Offenses requiring registration
§ 9.1-903 -        Registration procedures
§ 9.1-904 -        Reregistration
§ 9.1-905 -        New residents and nonresident offenders; registration required
§ 9.1-906 -        Enrollment or employment at institution of higher learning; information required
§ 9.1-907 -        Procedures upon a failure to register or reregister
§ 9.1-908 -       Duration of registration requirement
§ 9.1-909 -       Relief from registration or reregistration
§ 9.1-910 -        Removal of name and information from Registry
§ 9.1-911 -         Registry maintenance
§ 9.1-912 -         Registry access and dissemination; fees
§ 9.1-913 -         Public dissemination by means of the Internet
§ 9.1-914 -         Automatic notification of registration to certain entities; electronic notification to requesting  persons
§ 9.1-915        Regulations
§ 9.1-916 -         Requests for Registry data by Virginia Criminal Sentencing Commission; confidentiality
§ 9.1-917 -         Limitation on liability
§ 9.1-918 -         Misuse of registry information; penalty
§ 9.1-919 -         Notice of penalty on forms and documents
§ 9.1-920 -        Severability; liberal construction
§ 9.1-921 -         Exemption of information systems from provisions related to the Virginia Information    Technologies Agency
§ 9.1-922 -        Use of Registry data by Statewide Automated Victim Notification (SAVIN) system;  confidentiality 
§ 18.2-370.2. - Sex offenses prohibiting proximity to children; penalty.
§ 18.2-370.3. - Sex offenses prohibiting residing in proximity to children; penalty.
§ 18.2-370.4. - Sex offenses prohibiting working on school property; penalty.
§ 18.2-370.5. - Sex offenses prohibiting entry onto school or other property; penalty. 
§ 18.2-472.1. -  Providing false information or failing to provide registration information; penalty; prima facie evidence.
§ 32.1-127.     Medical care Facilities will perform background check of potential patients. Looking for RSO’s.
§ 46.2-330. -    Expiration and renewal of standard Virginia Drivers Licenses for RSO’s.
§ 46.2-341.9. - Commercial drivers licenses (CDL) for RSO’s.
§ 46.2-339. -    No School bus drivers licenses for RSO’s.
§ 46.2-118. -     No Tow truck drivers licenses for RSO’s.
§ 24.2-231. -     No public office of honor, profit, or trust for RSO’s. (A.K.A. - The Ed Barber Law)
§ 24.2-233. -    Removal of elected and certain appointed officers by courts. (A.K.A. – The Albemarle Supervisor Christopher Dumler Law) (July 1, 2014- Became Law)
§ 16.1-228.   Parents or other person knowingly leaving the child alone with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense against a minor for which registration is required as a violent sexual offender pursuant to § 9.1-902
§ 8.01-217.   How the legal name of a person may be changed. (July 1, 2014- Became Law)
§ 15.2-2283.1. - Prohibition of sexual offender treatment office in residentially zoned subdivision


Title 18.2. - Crimes and Offenses Generally:
§ 18.2-67.10. - General definitions.
§ 18.2-61. -        Rape
§ 18.2-63. -       Carnal knowledge of child between thirteen and fifteen years of age.
§ 18.2-64.1. -    Carnal knowledge of certain minors.
§ 18.2-64.2. -   Carnal knowledge of an inmate, parolee, probationer, detainee, or pretrial or posttrial offender; penalty.
§ 18.2-67.2. -    Object sexual penetration; penalty.
§ 18.2-67.3. -    Aggravated sexual battery; penalty.
§ 18.2-67.4. -    Sexual battery.
§ 18.2-67.4:1. - Infected sexual battery; penalty. (Knowingly having HIV, syphilis, or hepatitis B with the intent to transmit)§ 18.2-67.4:2. - Sexual abuse of a child under 15 years of age; penalty.
§ 18.2-67.5. -   Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.
A.K.A. by some members of the Virginia House Courts of Justice Committee as The Big 3 (no Sexual Battery) or The Big 4 (including Sexual Battery).
§ 18.2-67.5:1. -  Punishment upon conviction of third misdemeanor offense.
§ 18.2-67.5:2. - Punishment upon conviction of certain subsequent felony sexual assault.
§ 18.2-67.5:3. - Punishment upon conviction of certain subsequent violent felony sexual assault.
§ 18.2-346. -    Prostitution; commercial sexual conduct; commercial exploitation of a minor; penalties.
§ 18.2-348. -    Aiding prostitution or illicit sexual intercourse.
§ 18.2-355. -     Taking, detaining, etc., person for prostitution, etc., or consenting thereto (July 1, 2014- Became Law)
§ 18.2-356. -    Receiving money for procuring person.
§ 18.2-359. -    Venue for criminal sexual assault or where any person transported for criminal sexual assault, attempted criminal sexual assault, or purposes of unlawful sexual intercourse, crimes against nature, and indecent liberties with children; venue for such.
§ 18.2-361. -    Crimes against nature; penalty. (Oral Sex, Anal Sex, Bestiality)
§ 18.2-366. -    Adultery and fornication by persons forbidden to marry; incest.
§ 18.2-370. -      Taking indecent liberties with children; penalties. (This charge has been used by Commonwealth Attorneys for “Flashing” children instead of using § 18.2-387. -Indecent Exposure. Taking indecent liberties w/ children will require registration as a Sex Offender, whereas Indecent Exposure does not)
§ 18.2-370.01. - Indecent liberties by children; penalty.
§ 18.2-370.6. - Penetration of mouth of child with lascivious intent; penalty.
§ 18.2-374. -     Production, publication, sale, possession, etc., of obscene items.
§ 18.2-374.1. -  Production, publication, sale, financing, etc., of child pornography; presumption as to age; severability.
§ 18.2-374.1:1. - Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty.
§ 18.2-374.3. - Use of communications systems to facilitate certain offenses involving children.
§ 18.2-374.4. - Display of child pornography or grooming video or materials to a child unlawful; penalty.
§ 18.2-376.1. -  Enhanced penalties for using a computer in certain violations.
§ 18.2-386.1. - Unlawful filming, videotaping or photographing of another; penalty.
§ 18.2-387. -     Indecent exposure. (Flashing, Streaking)
§ 18.2-387.1. -  Obscene sexual display; penalty. (Masturbation) 

  • There is no urinating in public criminal statute in Virginia as of 2014. But there are many states that do require those convicted of urinating in public to register as a Sex Offender (for example- Alabama and Florida). If anyone convicted in a state that does require registration moves to Virginia, they will be required to register in the Commonwealth as well even though it is not a crime here. Once registered in one of the other 49 states, there is no escaping it in Virginia whether it’s a crime or not.
§ 18.2-48. Abduction with intent to extort money or for immoral purpose (intent to defile)
§ 18.2-49. Threatening, attempting or assisting in such abduction with intent to extort money or for immoral purpose (to defile)

 
Prosecuting/Investigating Sexual Crimes:
§ 18.2-67. -       Depositions of complaining witnesses in cases of criminal sexual assault and attempted criminal sexual assault.
§ 18.2-67.7. -   Admission of evidence (Supreme Court Rule 2:412 derived from this section).
§ 18.2-67.7:1.- Evidence of similar crimes in child sexual offense cases (July 1, 2014- Became Law)
§ 18.2-67.8. -   Closed preliminary hearings.
§ 18.2-67.9. -   Testimony by child victims and witnesses using two-way closed-circuit television.
§ 18.2-360. -    Competency of persons to testify in prosecutions under §§ 18.2-355 through 18.2-361.
§ 19.2-9.1. -      Written notice required for complaining witness who is requested to take polygraph test. 
 

Title 37.2. Chapter 9. Civil Commitment of Sexually Violent Predators:
§ 37.2-900    Definitions
§ 37.2-900.1 -  Office of Sexually Violent Predator Services
§ 37.2-901 -      Civil proceeding; rights of respondents; discovery
§ 37.2-902 -     Commitment Review Committee; membership
§ 37.2-903 -     Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC
§ 37.2-904 -     CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation
§ 37.2-905 -     Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent defendants charged with sexually violent offenses; petition for commitment; notice to Department of Corrections or referring court regarding disposition
§ 37.2-905.1 -  Substantial compliance
§ 37.2-905.2 - Access to records
§ 37.2-906 -     Probable cause hearing; procedures
§ 37.2-907 -     Right to assistance of experts; compensation
§ 37.2-908 -     Trial; right to trial by jury; standard of proof; discovery
§ 37.2-909 -     Placement of committed respondents
§ 37.2-910     Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition
§ 37.2-911 -       Petition for release; hearing; procedures
§ 37.2-912 -      Conditional release; criteria; conditions; reports
§ 37.2-913 -      Emergency custody of conditionally released respondents; revocation of conditional release
§ 37.2-914 -      Modification or removal of conditions; notice; objections; review
§ 37.2-915 -      Representation of Commonwealth and person subject to commitment; nature of proceedings
§ 37.2-916 -      Authority of Commissioner; delegation to board; liability
§ 37.2-917 -      Escape of persons committed; penalty
§ 37.2-918 -      Persons on conditional release leaving Commonwealth; penalty
§ 37.2-919 -      Postrelease supervision of Department; commission of new criminal offense by person committed to Department
§ 37.2-920 -     Appeal by Attorney General; emergency custody order
§ 37.2-921 -      Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons