{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-472.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-472.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-472.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-472.1.html"}],"law_id":57746,"edition_id":1,"section_id":57746,"structure_id":14374,"section_number":"18.2-472.1","catch_line":"Providing false information or failing to provide registration information; penalty; prima facie evidence","history":"1997, c. 747; 1999, c. 845; 2001, c. 365; 2003, c. 584; 2006, cc. 857, 914, 931; 2008, c. 218; 2009, Sp. Sess. I, cc. 1, 4; 2010, c. 656; 2011, c. 285; 2020, c. 829.","full_text":"A\n\nAny person subject to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, other than a person convicted of a Tier III offense or murder as defined in § 9.1-902, who knowingly fails to register, reregister, or verify his registration information, or who knowingly provides materially false information to the Sex Offender and Crimes Against Minors Registry is guilty of a Class 1 misdemeanor. A second or subsequent conviction for an offense under this subsection is a Class 6 felony.B\n\nAny person convicted of a Tier III offense or murder, as defined in § 9.1-902, who knowingly fails to register, reregister, or verify his registration information, or who knowingly provides materially false information to the Sex Offender and Crimes Against Minors Registry is guilty of a Class 6 felony. A second or subsequent conviction for an offense under this subsection is a Class 5 felony.C\n\nA prosecution pursuant to this section shall be brought in the city or county where the offender can be found or where the offender last registered, reregistered, or verified his registration information or, if the offender failed to comply with the duty to register, where the offender was last convicted of an offense for which registration or reregistration is required.D\n\nAt any preliminary hearing pursuant to this section, an affidavit from the State Police issued as required in § 9.1-907 shall be admitted into evidence as prima facie evidence of the failure to comply with the duty to register, reregister, or verify his registration information. A copy of such affidavit shall be provided to the registrant or his counsel seven days prior to hearing or trial by the attorney for the Commonwealth.E\n\nThe accused in any preliminary hearing in which an affidavit from the State Police issued as required in § 9.1-907 is offered into evidence pursuant to this section shall have the right to summon and call a custodian of records issuing the affidavit and examine him in the same manner as if he had been called as an adverse witness. Such witness shall appear at the cost of the Commonwealth.F\n\nAt any trial or hearing other than a preliminary hearing conducted pursuant to this section, an affidavit from the State Police issued as required in § 9.1-907 shall constitute prima facie evidence of the failure to comply with the duty to register, reregister, or verify his registration information, provided the requirements of subsection G have been satisfied and the accused has not objected to the admission of the affidavit pursuant to subsection H.G\n\nIf the attorney for the Commonwealth intends to offer the affidavit into evidence in lieu of testimony at a trial or hearing, other than a preliminary hearing, he shall:1\n\nProvide by mail, delivery, or otherwise, a copy of the affidavit to counsel of record for the accused, or to the accused if he is proceeding pro se, at no charge, no later than 28 days prior to the hearing or trial;2\n\nProvide simultaneously with the copy of the affidavit so provided under subdivision 1 a notice to the accused of his right to object to having the affidavit admitted without the presence and testimony of a custodian of the records; and3\n\nFile a copy of the affidavit and notice with the clerk of the court hearing the matter on the day that the affidavit and notice are provided to the accused.H\n\nIn any trial or hearing, other than a preliminary hearing, the accused may object in writing to admission of the affidavit, in lieu of testimony, as evidence of the facts stated therein. Such objection shall be filed with the court hearing the matter, with a copy to the attorney for the Commonwealth, no more than 14 days after the affidavit and notice were filed with the clerk by the attorney for the Commonwealth, or the objection shall be deemed waived. If timely objection is made, the affidavit shall not be admissible into evidence unless (i) the objection is waived by the accused or his counsel in writing or before the court, or (ii) the parties stipulate before the court to the admissibility of the affidavit.I\n\nWhere a custodian of the records is not available for hearing or trial and the attorney for the Commonwealth has used due diligence to secure the presence of the person, the court shall order a continuance. Any continuances ordered pursuant to this subsection shall total not more than 90 days if the accused has been held continuously in custody and not more than 180 days if the accused has not been held continuously in custody.J\n\nAny objection by counsel for the accused, or the accused if he is proceeding pro se, to timeliness of the receipt of notice required by subsection G shall be made before hearing or trial upon his receipt of actual notice unless the accused did not receive actual notice prior to hearing or trial. A showing by the Commonwealth that the notice was mailed, delivered, or otherwise provided in compliance with the time requirements of this section shall constitute prima facie evidence that the notice was timely received by the accused. If the court finds upon the accused’s objection made pursuant to this subsection, that he did not receive timely notice pursuant to subsection G, the accused’s objection shall not be deemed waived and if the objection is made prior to hearing or trial, a continuance shall be ordered if requested by either party. Any continuance ordered pursuant to this subsection shall be subject to the time limitations set forth in subsection I.K\n\nFor the purposes of this section any conviction for a substantially similar offense under the laws of (i) any foreign country or any political subdivision thereof, or (ii) any state or territory of the United States or any political subdivision thereof, the District of Columbia, or the United States shall be considered a prior conviction.","order_by":null,"text":{"0":{"id":211495,"text":"Any person subject to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, other than a person convicted of a Tier III offense or murder as defined in § 9.1-902, who knowingly fails to register, reregister, or verify his registration information, or who knowingly provides materially false information to the Sex Offender and Crimes Against Minors Registry is guilty of a Class 1 misdemeanor. A second or subsequent conviction for an offense under this subsection is a Class 6 felony.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211496,"text":"Any person convicted of a Tier III offense or murder, as defined in § 9.1-902, who knowingly fails to register, reregister, or verify his registration information, or who knowingly provides materially false information to the Sex Offender and Crimes Against Minors Registry is guilty of a Class 6 felony. A second or subsequent conviction for an offense under this subsection is a Class 5 felony.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":211497,"text":"A prosecution pursuant to this section shall be brought in the city or county where the offender can be found or where the offender last registered, reregistered, or verified his registration information or, if the offender failed to comply with the duty to register, where the offender was last convicted of an offense for which registration or reregistration is required.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":211498,"text":"At any preliminary hearing pursuant to this section, an affidavit from the State Police issued as required in § 9.1-907 shall be admitted into evidence as prima facie evidence of the failure to comply with the duty to register, reregister, or verify his registration information. A copy of such affidavit shall be provided to the registrant or his counsel seven days prior to hearing or trial by the attorney for the Commonwealth.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":211499,"text":"The accused in any preliminary hearing in which an affidavit from the State Police issued as required in § 9.1-907 is offered into evidence pursuant to this section shall have the right to summon and call a custodian of records issuing the affidavit and examine him in the same manner as if he had been called as an adverse witness. Such witness shall appear at the cost of the Commonwealth.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":211500,"text":"At any trial or hearing other than a preliminary hearing conducted pursuant to this section, an affidavit from the State Police issued as required in § 9.1-907 shall constitute prima facie evidence of the failure to comply with the duty to register, reregister, or verify his registration information, provided the requirements of subsection G have been satisfied and the accused has not objected to the admission of the affidavit pursuant to subsection H.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":211501,"text":"If the attorney for the Commonwealth intends to offer the affidavit into evidence in lieu of testimony at a trial or hearing, other than a preliminary hearing, he shall:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"7":{"id":211502,"text":"Provide by mail, delivery, or otherwise, a copy of the affidavit to counsel of record for the accused, or to the accused if he is proceeding pro se, at no charge, no later than 28 days prior to the hearing or trial;","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"8":{"id":211503,"text":"Provide simultaneously with the copy of the affidavit so provided under subdivision 1 a notice to the accused of his right to object to having the affidavit admitted without the presence and testimony of a custodian of the records; and","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"9":{"id":211504,"text":"File a copy of the affidavit and notice with the clerk of the court hearing the matter on the day that the affidavit and notice are provided to the accused.","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"H"},"10":{"id":211505,"text":"In any trial or hearing, other than a preliminary hearing, the accused may object in writing to admission of the affidavit, in lieu of testimony, as evidence of the facts stated therein. Such objection shall be filed with the court hearing the matter, with a copy to the attorney for the Commonwealth, no more than 14 days after the affidavit and notice were filed with the clerk by the attorney for the Commonwealth, or the objection shall be deemed waived. If timely objection is made, the affidavit shall not be admissible into evidence unless (i) the objection is waived by the accused or his counsel in writing or before the court, or (ii) the parties stipulate before the court to the admissibility of the affidavit.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G3","next_prefix":"I"},"11":{"id":211506,"text":"Where a custodian of the records is not available for hearing or trial and the attorney for the Commonwealth has used due diligence to secure the presence of the person, the court shall order a continuance. Any continuances ordered pursuant to this subsection shall total not more than 90 days if the accused has been held continuously in custody and not more than 180 days if the accused has not been held continuously in custody.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"12":{"id":211507,"text":"Any objection by counsel for the accused, or the accused if he is proceeding pro se, to timeliness of the receipt of notice required by subsection G shall be made before hearing or trial upon his receipt of actual notice unless the accused did not receive actual notice prior to hearing or trial. A showing by the Commonwealth that the notice was mailed, delivered, or otherwise provided in compliance with the time requirements of this section shall constitute prima facie evidence that the notice was timely received by the accused. If the court finds upon the accused’s objection made pursuant to this subsection, that he did not receive timely notice pursuant to subsection G, the accused’s objection shall not be deemed waived and if the objection is made prior to hearing or trial, a continuance shall be ordered if requested by either party. Any continuance ordered pursuant to this subsection shall be subject to the time limitations set forth in subsection I.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"13":{"id":211508,"text":"For the purposes of this section any conviction for a substantially similar offense under the laws of (i) any foreign country or any political subdivision thereof, or (ii) any state or territory of the United States or any political subdivision thereof, the District of Columbia, or the United States shall be considered a prior conviction.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":14374,"edition_id":1,"name":"Interference With Administration of Justice","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":13246,"metadata":{},"date_created":"2026-06-26 03:47:55","date_modified":"2026-06-26 03:47:55","permalink":{"id":164349,"object_type":"structure","relational_id":14374,"identifier":"6","token":"18.2\/10\/6","url":"\/18.2\/10\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13246,"edition_id":1,"name":"Crimes Against the Administration of Justice","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":164221,"object_type":"structure","relational_id":13246,"identifier":"10","token":"18.2\/10","url":"\/18.2\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56127,"structure_id":14374,"section_number":"18.2-460","catch_line":"Obstructing justice; resisting arrest; fleeing from a law-enforcement officer; penalties","url":"\/18.2-460\/","token":"18.2\/10\/6\/18.2-460","metadata":false},{"id":63578,"structure_id":14374,"section_number":"18.2-460.1","catch_line":"Unlawful disclosure of existence of order authorizing wire or oral interception of communication","url":"\/18.2-460.1\/","token":"18.2\/10\/6\/18.2-460.1","metadata":false},{"id":79594,"structure_id":14374,"section_number":"18.2-461","catch_line":"Falsely summoning or giving false reports to law-enforcement officials","url":"\/18.2-461\/","token":"18.2\/10\/6\/18.2-461","metadata":false},{"id":58515,"structure_id":14374,"section_number":"18.2-461.1","catch_line":"False emergency communication to emergency personnel; penalties","url":"\/18.2-461.1\/","token":"18.2\/10\/6\/18.2-461.1","metadata":false},{"id":85622,"structure_id":14374,"section_number":"18.2-462","catch_line":"Concealing or compounding offenses; penalties","url":"\/18.2-462\/","token":"18.2\/10\/6\/18.2-462","metadata":false},{"id":76069,"structure_id":14374,"section_number":"18.2-462.1","catch_line":"Use of police radio during commission of crime","url":"\/18.2-462.1\/","token":"18.2\/10\/6\/18.2-462.1","metadata":false},{"id":61665,"structure_id":14374,"section_number":"18.2-463","catch_line":"Refusal to aid officer in execution of his office","url":"\/18.2-463\/","token":"18.2\/10\/6\/18.2-463","metadata":false},{"id":56911,"structure_id":14374,"section_number":"18.2-464","catch_line":"Failure to obey order of conservator of the peace","url":"\/18.2-464\/","token":"18.2\/10\/6\/18.2-464","metadata":false},{"id":73691,"structure_id":14374,"section_number":"18.2-465","catch_line":"Officer summoning juror to act impartially","url":"\/18.2-465\/","token":"18.2\/10\/6\/18.2-465","metadata":false},{"id":55703,"structure_id":14374,"section_number":"18.2-465.1","catch_line":"Penalizing employee for court appearance or service on jury panel","url":"\/18.2-465.1\/","token":"18.2\/10\/6\/18.2-465.1","metadata":false},{"id":62898,"structure_id":14374,"section_number":"18.2-465.2","catch_line":"Contact with jurors after trial prohibited; penalty","url":"\/18.2-465.2\/","token":"18.2\/10\/6\/18.2-465.2","metadata":false},{"id":69049,"structure_id":14374,"section_number":"18.2-466","catch_line":"Corruptly procuring juror to be summoned","url":"\/18.2-466\/","token":"18.2\/10\/6\/18.2-466","metadata":false},{"id":82079,"structure_id":14374,"section_number":"18.2-467","catch_line":"Fraud in drawing jurors, etc","url":"\/18.2-467\/","token":"18.2\/10\/6\/18.2-467","metadata":false},{"id":69010,"structure_id":14374,"section_number":"18.2-468","catch_line":"Making sound recordings of jury deliberations","url":"\/18.2-468\/","token":"18.2\/10\/6\/18.2-468","metadata":false},{"id":73495,"structure_id":14374,"section_number":"18.2-469","catch_line":"Officer refusing, delaying, etc., to execute process for criminal","url":"\/18.2-469\/","token":"18.2\/10\/6\/18.2-469","metadata":false},{"id":59846,"structure_id":14374,"section_number":"18.2-470","catch_line":"Extortion by officer","url":"\/18.2-470\/","token":"18.2\/10\/6\/18.2-470","metadata":false},{"id":76169,"structure_id":14374,"section_number":"18.2-471","catch_line":"Fraudulent issue of fee bills","url":"\/18.2-471\/","token":"18.2\/10\/6\/18.2-471","metadata":false},{"id":69593,"structure_id":14374,"section_number":"18.2-471.1","catch_line":"Destruction of human biological evidence; penalty","url":"\/18.2-471.1\/","token":"18.2\/10\/6\/18.2-471.1","metadata":false},{"id":73316,"structure_id":14374,"section_number":"18.2-472","catch_line":"False entries or destruction of records by officers","url":"\/18.2-472\/","token":"18.2\/10\/6\/18.2-472","metadata":false},{"id":57746,"structure_id":14374,"section_number":"18.2-472.1","catch_line":"Providing false information or failing to provide registration information; penalty; prima facie evidence","url":"\/18.2-472.1\/","token":"18.2\/10\/6\/18.2-472.1","metadata":false}],"previous_section":{"id":73316,"structure_id":14374,"section_number":"18.2-472","catch_line":"False entries or destruction of records by officers","url":"\/18.2-472\/","token":"18.2\/10\/6\/18.2-472","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-472.1\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 747<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1999, chapter 845<\/a>; in 2001, chapter 365<\/a>; in 2003, chapter 584<\/a>; in 2006, chapters 857<\/a>, 914<\/a>, and 931<\/a>; in 2008, chapter 218<\/a>; in 2010, chapter 656<\/a>; in 2011, chapter 285<\/a>; in 2020, chapter 829<\/a>.<\/p>","references":[{"id":70154,"section_number":"16.1-249.1","catch_line":"Places of confinement to give notice of intake of certain persons","order_by":null,"url":"\/16.1-249.1\/"},{"id":54722,"section_number":"16.1-278.7:01","catch_line":"Department to give notice of the receipt of certain persons","order_by":null,"url":"\/16.1-278.7_01\/"},{"id":87505,"section_number":"16.1-278.7:02","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons","order_by":null,"url":"\/16.1-278.7_02\/"},{"id":86551,"section_number":"18.2-370.2","catch_line":"Sex offenses prohibiting proximity to children; penalty","order_by":null,"url":"\/18.2-370.2\/"},{"id":67819,"section_number":"19.2-188.3","catch_line":"Admissibility of affidavits by government officials regarding a search of government records (Subdivision (10)(b) of Supreme Court Rule 2:803 derived from this section)","order_by":null,"url":"\/19.2-188.3\/"},{"id":57795,"section_number":"19.2-243","catch_line":"Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions","order_by":null,"url":"\/19.2-243\/"},{"id":86676,"section_number":"19.2-295.2:1","catch_line":"Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006","order_by":null,"url":"\/19.2-295.2_1\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":55665,"section_number":"23.1-407","catch_line":"Reporting of enrollment information to Sex Offender and Crimes Against Minors Registry","order_by":null,"url":"\/23.1-407\/"},{"id":79122,"section_number":"37.2-921","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons","order_by":null,"url":"\/37.2-921\/"},{"id":74834,"section_number":"46.2-323","catch_line":"Application for driver's license; proof of completion of driver education program; penalty","order_by":null,"url":"\/46.2-323\/"},{"id":73056,"section_number":"46.2-324","catch_line":"Applicants and license holders to notify Department of change of address; fee","order_by":null,"url":"\/46.2-324\/"},{"id":55697,"section_number":"46.2-330","catch_line":"Expiration and renewal of licenses; examinations required","order_by":null,"url":"\/46.2-330\/"},{"id":67308,"section_number":"46.2-345","catch_line":"Issuance of special identification cards; fee; confidentiality; penalties","order_by":null,"url":"\/46.2-345\/"},{"id":84918,"section_number":"53.1-116.1","catch_line":"Jailer to give notice of release of certain prisoners","order_by":null,"url":"\/53.1-116.1\/"},{"id":54082,"section_number":"53.1-116.1:01","catch_line":"Jailer to give notice of intake of certain prisoners","order_by":null,"url":"\/53.1-116.1_01\/"},{"id":54025,"section_number":"53.1-160.1","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain prisoners","order_by":null,"url":"\/53.1-160.1\/"},{"id":80095,"section_number":"53.1-23.2","catch_line":"Department to give notice of the receipt of certain prisoners","order_by":null,"url":"\/53.1-23.2\/"},{"id":71228,"section_number":"9.1-904","catch_line":"Periodic verification","order_by":null,"url":"\/9.1-904\/"},{"id":84820,"section_number":"9.1-907","catch_line":"Procedures upon a failure to register, reregister, or verify registration information","order_by":null,"url":"\/9.1-907\/"},{"id":82464,"section_number":"9.1-909","catch_line":"Relief from registration, reregistration, or verification","order_by":null,"url":"\/9.1-909\/"},{"id":56177,"section_number":"9.1-910","catch_line":"Removal of name and information from Registry","order_by":null,"url":"\/9.1-910\/"}],"refers_to":[{"id":69731,"section_number":"9.1-900","catch_line":"Purpose of the Sex Offender and Crimes Against Minors Registry","order_by":null,"url":"\/9.1-900\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"},{"id":84820,"section_number":"9.1-907","catch_line":"Procedures upon a failure to register, reregister, or verify registration information","order_by":null,"url":"\/9.1-907\/"}],"permalink":{"id":164427,"object_type":"law","relational_id":57746,"identifier":"18.2-472.1","token":"18.2\/10\/6\/18.2-472.1","url":"\/18.2-472.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-472.1\/","token":"18.2\/10\/6\/18.2-472.1","dublin_core":{"Title":"Providing false information or failing to provide registration information; penalty; prima facie evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-472.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person subject to Chapter 9 (§ 9.1-900<\/a> et seq.) of Title 9.1, other than a person convicted of a Tier III offense<\/span> or murder<\/span> as defined in § 9.1-902<\/a>, who knowingly fails to register, reregister, or verify his registration information, or who knowingly provides materially false information to the Sex Offender and Crimes<\/span> Against Minors<\/span> Registry is guilty of a Class 1 misdemeanor<\/span>. A second or subsequent conviction<\/span> for an offense<\/span> under this subsection is a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person convicted of a Tier III offense<\/span> or murder<\/span>, as defined in § 9.1-902<\/a>, who knowingly fails to register, reregister, or verify his registration information, or who knowingly provides materially false information to the Sex Offender and Crimes<\/span> Against Minors<\/span> Registry is guilty of a Class 6 felony<\/span>. A second or subsequent conviction<\/span> for an offense<\/span> under this subsection is a Class 5 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A prosecution<\/span> pursuant to this section shall be brought in the city or county where the offender can be found or where the offender last registered, reregistered, or verified his registration information or, if the offender failed to comply with the duty to register, where the offender was last convicted of an offense<\/span> for which registration or reregistration is required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At any preliminary hearing<\/span> pursuant to this section, an affidavit<\/span> from the State Police issued as required in § 9.1-907<\/a> shall be admitted into evidence<\/span> as prima facie evidence<\/span> of the failure to comply with the duty to register, reregister, or verify his registration information. A copy of such affidavit<\/span> shall be provided to the registrant or his counsel<\/span> seven days prior to hearing or trial<\/span> by the attorney for the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The accused<\/span> in any preliminary hearing<\/span> in which an affidavit<\/span> from the State Police issued as required in § 9.1-907<\/a> is offered into evidence<\/span> pursuant to this section shall have the right to summon and call a custodian of records issuing the affidavit<\/span> and examine him in the same manner as if he had been called as an adverse witness<\/span>. Such witness<\/span> shall appear at the cost of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> At any trial<\/span> or hearing other than a preliminary hearing<\/span> conducted pursuant to this section, an affidavit<\/span> from the State Police issued as required in § 9.1-907<\/a> shall constitute prima facie evidence<\/span> of the failure to comply with the duty to register, reregister, or verify his registration information, provided the requirements of subsection G have been satisfied and the accused<\/span> has not objected to the admission of the affidavit<\/span> pursuant to subsection H. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If the attorney for the Commonwealth intends to offer the affidavit<\/span> into evidence<\/span> in lieu of testimony<\/span> at a trial<\/span> or hearing, other than a preliminary hearing<\/span>, he shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Provide by mail, delivery, or otherwise, a copy of the affidavit<\/span> to counsel<\/span> of record for the accused<\/span>, or to the accused<\/span> if he is proceeding pro se<\/span>, at no charge, no later than 28 days prior to the hearing or trial<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Provide simultaneously with the copy of the affidavit<\/span> so provided under subdivision 1 a notice to the accused<\/span> of his right to object<\/span> to having the affidavit<\/span> admitted without the presence and testimony<\/span> of a custodian of the records; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> File a copy of the affidavit<\/span> and notice with the clerk of the court<\/span> hearing the matter on the day that the affidavit<\/span> and notice are provided to the accused<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In any trial<\/span> or hearing, other than a preliminary hearing<\/span>, the accused<\/span> may object<\/span> in writing to admission of the affidavit<\/span>, in lieu of testimony<\/span>, as evidence<\/span> of the facts<\/span> stated therein. Such objection shall be filed with the court<\/span> hearing the matter, with a copy to the attorney for the Commonwealth, no more than 14 days after the affidavit<\/span> and notice were filed with the clerk by the attorney for the Commonwealth, or the objection shall be deemed waived. If timely objection is made, the affidavit<\/span> shall not be admissible<\/span> into evidence<\/span> unless (i) the objection is waived by the accused<\/span> or his counsel<\/span> in writing or before the court<\/span>, or (ii) the parties stipulate before the court<\/span> to the admissibility of the affidavit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Where a custodian of the records is not available for hearing or trial<\/span> and the attorney for the Commonwealth has used due diligence to secure the presence of the person, the court<\/span> shall order<\/span> a continuance<\/span>. Any continuances<\/span> ordered pursuant to this subsection shall total not more than 90 days if the accused<\/span> has been held continuously in custody<\/span> and not more than 180 days if the accused<\/span> has not been held continuously in custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Any objection by counsel<\/span> for the accused<\/span>, or the accused<\/span> if he is proceeding pro se<\/span>, to timeliness of the receipt of notice required by subsection G shall be made before hearing or trial<\/span> upon his receipt of actual notice unless the accused<\/span> did not receive actual notice prior to hearing or trial<\/span>. A showing by the Commonwealth that the notice was mailed, delivered, or otherwise provided in compliance with the time requirements of this section shall constitute prima facie evidence<\/span> that the notice was timely received by the accused<\/span>. If the court<\/span> finds upon the accused<\/span>’s objection made pursuant to this subsection, that he did not receive timely notice pursuant to subsection G, the accused<\/span>’s objection shall not be deemed waived and if the objection is made prior to hearing or trial<\/span>, a continuance<\/span> shall be ordered if requested by either party<\/span>. Any continuance<\/span> ordered pursuant to this subsection shall be subject to the time limitations set forth in subsection I. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> For the purposes of this section any conviction<\/span> for a substantially similar offense<\/span> under the laws<\/span> of (i) any foreign country or any political subdivision thereof, or (ii) any state or territory of the United States or any political subdivision thereof, the District of Columbia, or the United States shall be considered a prior conviction<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVIDING FALSE INFORMATION OR FAILING TO PROVIDE REGISTRATION INFORMATION;\nPENALTY; PRIMA FACIE EVIDENCE (\u00a7 18.2-472.1)\n\nA. Any person subject to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, other\nthan a person convicted of a Tier III offense or murder as defined in §\n9.1-902, who knowingly fails to register, reregister, or verify his registration\ninformation, or who knowingly provides materially false information to the Sex\nOffender and Crimes Against Minors Registry is guilty of a Class 1 misdemeanor.\nA second or subsequent conviction for an offense under this subsection is a\nClass 6 felony.\n\nB. Any person convicted of a Tier III offense or murder, as defined in §\n9.1-902, who knowingly fails to register, reregister, or verify his registration\ninformation, or who knowingly provides materially false information to the Sex\nOffender and Crimes Against Minors Registry is guilty of a Class 6 felony. A\nsecond or subsequent conviction for an offense under this subsection is a Class\n5 felony.\n\nC. A prosecution pursuant to this section shall be brought in the city or county\nwhere the offender can be found or where the offender last registered,\nreregistered, or verified his registration information or, if the offender\nfailed to comply with the duty to register, where the offender was last\nconvicted of an offense for which registration or reregistration is required.\n\nD. At any preliminary hearing pursuant to this section, an affidavit from the\nState Police issued as required in § 9.1-907 shall be admitted into\nevidence as prima facie evidence of the failure to comply with the duty to\nregister, reregister, or verify his registration information. A copy of such\naffidavit shall be provided to the registrant or his counsel seven days prior to\nhearing or trial by the attorney for the Commonwealth.\n\nE. The accused in any preliminary hearing in which an affidavit from the State\nPolice issued as required in § 9.1-907 is offered into evidence pursuant to\nthis section shall have the right to summon and call a custodian of records\nissuing the affidavit and examine him in the same manner as if he had been\ncalled as an adverse witness. Such witness shall appear at the cost of the\nCommonwealth.\n\nF. At any trial or hearing other than a preliminary hearing conducted pursuant\nto this section, an affidavit from the State Police issued as required in §\n9.1-907 shall constitute prima facie evidence of the failure to comply with the\nduty to register, reregister, or verify his registration information, provided\nthe requirements of subsection G have been satisfied and the accused has not\nobjected to the admission of the affidavit pursuant to subsection H.\n\nG. If the attorney for the Commonwealth intends to offer the affidavit into\nevidence in lieu of testimony at a trial or hearing, other than a preliminary\nhearing, he shall:\n\n 1. Provide by mail, delivery, or otherwise, a copy of the affidavit to counsel\n of record for the accused, or to the accused if he is proceeding pro se, at no\n charge, no later than 28 days prior to the hearing or trial;\n\n 2. Provide simultaneously with the copy of the affidavit so provided under\n subdivision 1 a notice to the accused of his right to object to having the\n affidavit admitted without the presence and testimony of a custodian of the\n records; and\n\n 3. File a copy of the affidavit and notice with the clerk of the court hearing\n the matter on the day that the affidavit and notice are provided to the\n accused.\n\nH. In any trial or hearing, other than a preliminary hearing, the accused may\nobject in writing to admission of the affidavit, in lieu of testimony, as\nevidence of the facts stated therein. Such objection shall be filed with the\ncourt hearing the matter, with a copy to the attorney for the Commonwealth, no\nmore than 14 days after the affidavit and notice were filed with the clerk by\nthe attorney for the Commonwealth, or the objection shall be deemed waived. If\ntimely objection is made, the affidavit shall not be admissible into evidence\nunless (i) the objection is waived by the accused or his counsel in writing or\nbefore the court, or (ii) the parties stipulate before the court to the\nadmissibility of the affidavit.\n\nI. Where a custodian of the records is not available for hearing or trial and\nthe attorney for the Commonwealth has used due diligence to secure the presence\nof the person, the court shall order a continuance. Any continuances ordered\npursuant to this subsection shall total not more than 90 days if the accused has\nbeen held continuously in custody and not more than 180 days if the accused has\nnot been held continuously in custody.\n\nJ. Any objection by counsel for the accused, or the accused if he is proceeding\npro se, to timeliness of the receipt of notice required by subsection G shall be\nmade before hearing or trial upon his receipt of actual notice unless the\naccused did not receive actual notice prior to hearing or trial. A showing by\nthe Commonwealth that the notice was mailed, delivered, or otherwise provided in\ncompliance with the time requirements of this section shall constitute prima\nfacie evidence that the notice was timely received by the accused. If the court\nfinds upon the accused’s objection made pursuant to this subsection, that\nhe did not receive timely notice pursuant to subsection G, the accused’s\nobjection shall not be deemed waived and if the objection is made prior to\nhearing or trial, a continuance shall be ordered if requested by either party.\nAny continuance ordered pursuant to this subsection shall be subject to the time\nlimitations set forth in subsection I.\n\nK. For the purposes of this section any conviction for a substantially similar\noffense under the laws of (i) any foreign country or any political subdivision\nthereof, or (ii) any state or territory of the United States or any political\nsubdivision thereof, the District of Columbia, or the United States shall be\nconsidered a prior conviction.\n\nHISTORY: 1997, c. 747; 1999, c. 845; 2001, c. 365; 2003, c. 584; 2006, cc. 857,\n914, 931; 2008, c. 218; 2009, Sp. Sess. I, cc. 1, 4; 2010, c. 656; 2011, c. 285;\n2020, c. 829.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}