{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-11.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-11.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-11.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-11.5.html"}],"law_id":57134,"edition_id":1,"section_id":57134,"structure_id":13403,"section_number":"19.2-11.5","catch_line":"Definitions","history":"2016, cc. 332, 698; 2023, cc. 312, 312; 2025, cc. 529, 538.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Anonymous physical evidence recovery kit” means a physical evidence recovery kit that is collected from a victim of sexual assault through a forensic medical examination where the victim elects, at the time of the examination, not to report the sexual assault offense to a law-enforcement agency.\n\t\t“Anonymous trace evidence collection kit” means a trace evidence collection kit that is collected from a victim of strangulation through a forensic medical examination where the victim elects, at the time of the examination, not to report the strangulation to a law-enforcement agency.\n\t\t“Department” means the Virginia Department of Forensic Science.\n\t\t“Division” means the Division of Consolidated Laboratory Services of the Virginia Department of General Services.\n\t\t“Health care provider” means a health care provider as defined in \u00a7 8.01-581.1 that provides forensic medical examinations to victims of sexual assault.\n\t\t“Law-enforcement agency” means the state or local law-enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency.\n\t\t“Physical evidence recovery kit” means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of sexual assault during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of sexual assault.\n\t\t“Sexual assault forensic examiner” means a health care provider who has completed the education and training recommended by the Virginia Forensic Nursing Advisory Council, approved by the Board of Health pursuant to \u00a7 32.1-162.15:12, to conduct examinations using a physical evidence recovery kit.\n\t\t“Sexual assault offense” means a violation or attempted violation of any offense enumerated in Article 7 (\u00a7 18.2-61 et seq.) of Chapter 4 of Title 18.2 or of any offense specified in \u00a7 18.2-361, 18.2-370, or 18.2-370.1.\n\t\t“Telehealth sexual assault forensic examination” means an in-person forensic medical examination by a health care provider in consultation with and under the supervision of a sexual assault forensic examiner using telehealth services as defined in \u00a7 32.1-122.03:1 to collect evidence using a physical evidence recovery kit.\n\t\t“Trace evidence collection kit” means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of strangulation during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of strangulation.\n\t\t“Victim of sexual assault” means any person who undergoes a forensic medical examination for the collection of a physical evidence recovery kit connected to a sexual assault offense.\n\t\t“Victim of strangulation” means any person who undergoes a forensic medical examination for the collection of evidence in connection with an alleged strangulation.","order_by":null,"text":{"0":{"id":209245,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Anonymous physical evidence recovery kit” means a physical evidence recovery kit that is collected from a victim of sexual assault through a forensic medical examination where the victim elects, at the time of the examination, not to report the sexual assault offense to a law-enforcement agency.\n\t\t“Anonymous trace evidence collection kit” means a trace evidence collection kit that is collected from a victim of strangulation through a forensic medical examination where the victim elects, at the time of the examination, not to report the strangulation to a law-enforcement agency.\n\t\t“Department” means the Virginia Department of Forensic Science.\n\t\t“Division” means the Division of Consolidated Laboratory Services of the Virginia Department of General Services.\n\t\t“Health care provider” means a health care provider as defined in \u00a7 8.01-581.1 that provides forensic medical examinations to victims of sexual assault.\n\t\t“Law-enforcement agency” means the state or local law-enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency.\n\t\t“Physical evidence recovery kit” means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of sexual assault during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of sexual assault.\n\t\t“Sexual assault forensic examiner” means a health care provider who has completed the education and training recommended by the Virginia Forensic Nursing Advisory Council, approved by the Board of Health pursuant to \u00a7 32.1-162.15:12, to conduct examinations using a physical evidence recovery kit.\n\t\t“Sexual assault offense” means a violation or attempted violation of any offense enumerated in Article 7 (\u00a7 18.2-61 et seq.) of Chapter 4 of Title 18.2 or of any offense specified in \u00a7 18.2-361, 18.2-370, or 18.2-370.1.\n\t\t“Telehealth sexual assault forensic examination” means an in-person forensic medical examination by a health care provider in consultation with and under the supervision of a sexual assault forensic examiner using telehealth services as defined in \u00a7 32.1-122.03:1 to collect evidence using a physical evidence recovery kit.\n\t\t“Trace evidence collection kit” means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of strangulation during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of strangulation.\n\t\t“Victim of sexual assault” means any person who undergoes a forensic medical examination for the collection of a physical evidence recovery kit connected to a sexual assault offense.\n\t\t“Victim of strangulation” means any person who undergoes a forensic medical examination for the collection of evidence in connection with an alleged strangulation.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13403,"edition_id":1,"name":"Physical Evidence Recovery Kits and Trace Evidence Collection Kits","identifier":"1.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:49","date_modified":"2026-06-26 03:44:49","permalink":{"id":168271,"object_type":"structure","relational_id":13403,"identifier":"1.2","token":"19.2\/1.2","url":"\/19.2\/1.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83392,"structure_id":13403,"section_number":"19.2-11.10","catch_line":"Expungement of DNA profile","url":"\/19.2-11.10\/","token":"19.2\/1.2\/19.2-11.10","metadata":false},{"id":68792,"structure_id":13403,"section_number":"19.2-11.11","catch_line":"Victim's right to notification of scientific analysis information","url":"\/19.2-11.11\/","token":"19.2\/1.2\/19.2-11.11","metadata":false},{"id":83902,"structure_id":13403,"section_number":"19.2-11.12","catch_line":"Costs of physical evidence recovery kits and trace evidence collection kits","url":"\/19.2-11.12\/","token":"19.2\/1.2\/19.2-11.12","metadata":false},{"id":62487,"structure_id":13403,"section_number":"19.2-11.13","catch_line":"Physical Evidence Recovery Kit Tracking System","url":"\/19.2-11.13\/","token":"19.2\/1.2\/19.2-11.13","metadata":false},{"id":57134,"structure_id":13403,"section_number":"19.2-11.5","catch_line":"Definitions","url":"\/19.2-11.5\/","token":"19.2\/1.2\/19.2-11.5","metadata":false},{"id":54372,"structure_id":13403,"section_number":"19.2-11.6","catch_line":"Anonymous physical evidence recovery kits and anonymous trace evidence collection kits","url":"\/19.2-11.6\/","token":"19.2\/1.2\/19.2-11.6","metadata":false},{"id":71380,"structure_id":13403,"section_number":"19.2-11.6:1","catch_line":"Telehealth sexual assault forensic examinations; admissibility of physical evidence recovery kit","url":"\/19.2-11.6_1\/","token":"19.2\/1.2\/19.2-11.6_1","metadata":false},{"id":76997,"structure_id":13403,"section_number":"19.2-11.7","catch_line":"Law enforcement taking possession of physical evidence recovery kits and trace evidence collection kits","url":"\/19.2-11.7\/","token":"19.2\/1.2\/19.2-11.7","metadata":false},{"id":62452,"structure_id":13403,"section_number":"19.2-11.8","catch_line":"Submission of physical evidence recovery kits and trace evidence collection kits to the Department","url":"\/19.2-11.8\/","token":"19.2\/1.2\/19.2-11.8","metadata":false},{"id":69873,"structure_id":13403,"section_number":"19.2-11.9","catch_line":"Lack of compliance with procedures","url":"\/19.2-11.9\/","token":"19.2\/1.2\/19.2-11.9","metadata":false}],"previous_section":{"id":62487,"structure_id":13403,"section_number":"19.2-11.13","catch_line":"Physical Evidence Recovery Kit Tracking System","url":"\/19.2-11.13\/","token":"19.2\/1.2\/19.2-11.13","metadata":false},"next_section":{"id":54372,"structure_id":13403,"section_number":"19.2-11.6","catch_line":"Anonymous physical evidence recovery kits and anonymous trace evidence collection kits","url":"\/19.2-11.6\/","token":"19.2\/1.2\/19.2-11.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-11.5\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapters 332<\/a> and 698<\/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 2 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 2023, chapters 312<\/a> and 312<\/a>; in 2025, chapters 529<\/a> and 538<\/a>.<\/p>","references":[{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"},{"id":82147,"section_number":"19.2-368.3","catch_line":"Powers and duties of Commission","order_by":null,"url":"\/19.2-368.3\/"},{"id":70337,"section_number":"23.1-807.1","catch_line":"Baccalaureate public institutions of higher education; provision of physical evidence recovery kits","order_by":null,"url":"\/23.1-807.1\/"},{"id":55488,"section_number":"32.1-162.15:12","catch_line":"Virginia Forensic Nursing Advisory Council","order_by":null,"url":"\/32.1-162.15_12\/"},{"id":62370,"section_number":"32.1-162.15:2","catch_line":"Definitions","order_by":null,"url":"\/32.1-162.15_2\/"}],"refers_to":[{"id":55287,"section_number":"18.2-361","catch_line":"Crimes against nature; penalty","order_by":null,"url":"\/18.2-361\/"},{"id":60265,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","order_by":null,"url":"\/18.2-370\/"},{"id":80307,"section_number":"18.2-370.1","catch_line":"Taking indecent liberties with child by person in custodial or supervisory relationship; penalties","order_by":null,"url":"\/18.2-370.1\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":76872,"section_number":"32.1-122.03:1","catch_line":"Statewide Telehealth Plan","order_by":null,"url":"\/32.1-122.03_1\/"},{"id":55488,"section_number":"32.1-162.15:12","catch_line":"Virginia Forensic Nursing Advisory Council","order_by":null,"url":"\/32.1-162.15_12\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":168289,"object_type":"law","relational_id":57134,"identifier":"19.2-11.5","token":"19.2\/1.2\/19.2-11.5","url":"\/19.2-11.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-11.5\/","token":"19.2\/1.2\/19.2-11.5","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-11.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Anonymous physical evidence recovery kit<\/span><\/span>” means a physical evidence recovery kit<\/span> that is collected from a victim of sexual assault<\/span> through a forensic medical examination where the victim elects, at the time of the examination, not to report the sexual assault offense<\/span> to a law<\/span>-enforcement agency<\/span>.\n\t\t“Anonymous trace evidence collection kit<\/span><\/span>” means a trace evidence collection kit<\/span> that is collected from a victim of strangulation<\/span> through a forensic medical examination where the victim elects, at the time of the examination, not to report the strangulation to a law<\/span>-enforcement agency<\/span>.\n\t\t“Department<\/span>” means the Virginia Department<\/span> of Forensic Science.\n\t\t“Division<\/span>” means the Division<\/span> of Consolidated Laboratory Services of the Virginia Department<\/span> of General Services.\n\t\t“Health care provider<\/span>” means a health care provider<\/span> as defined in \u00a7 8.01-581.1<\/a> that provides forensic medical examinations to victims of sexual assault.\n\t\t“Law<\/span>-enforcement agency<\/span>” means the state or local law<\/span>-enforcement agency<\/span> with the primary responsibility for investigating an alleged sexual assault offense<\/span> case and includes the employees of that agency.\n\t\t“Physical evidence recovery kit<\/span>” means any evidence collection kit supplied by the Department<\/span> to health care providers<\/span> for use in collecting evidence from victims of sexual assault during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of sexual assault.\n\t\t“Sexual assault forensic examiner<\/span>” means a health care provider<\/span> who has completed the education and training recommended by the Virginia Forensic Nursing Advisory Council, approved by the Board of Health pursuant to \u00a7 32.1-162.15:12<\/a>, to conduct examinations using a physical evidence recovery kit<\/span>.\n\t\t“Sexual assault offense<\/span>” means a violation or attempted violation of any offense enumerated in Article 7 (\u00a7 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2 or of any offense specified in \u00a7 18.2-361<\/a>, 18.2-370<\/a>, or 18.2-370.1<\/a>.\n\t\t“Telehealth sexual assault forensic examination<\/span>” means an in-person forensic medical examination by a health care provider<\/span> in consultation with and under the supervision of a sexual assault forensic examiner<\/span> using telehealth services as defined in \u00a7 32.1-122.03:1<\/a> to collect evidence using a physical evidence recovery kit<\/span>.\n\t\t“Trace evidence collection kit<\/span>” means any evidence collection kit supplied by the Department<\/span> to health care providers<\/span> for use in collecting evidence from victims of strangulation during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of strangulation.\n\t\t“Victim of sexual assault<\/span>” means any person who undergoes a forensic medical examination for the collection of a physical evidence recovery kit<\/span> connected to a sexual assault offense<\/span>.\n\t\t“Victim of strangulation<\/span>” means any person who undergoes a forensic medical examination for the collection of evidence in connection with an alleged strangulation.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 19.2-11.5)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Anonymous physical evidence recovery kit” means a physical\nevidence recovery kit that is collected from a victim of sexual assault through\na forensic medical examination where the victim elects, at the time of the\nexamination, not to report the sexual assault offense to a law-enforcement\nagency.\n\t\t“Anonymous trace evidence collection kit” means a trace evidence\ncollection kit that is collected from a victim of strangulation through a\nforensic medical examination where the victim elects, at the time of the\nexamination, not to report the strangulation to a law-enforcement agency.\n\t\t“Department” means the Virginia Department of Forensic Science.\n\t\t“Division” means the Division of Consolidated Laboratory Services\nof the Virginia Department of General Services.\n\t\t“Health care provider” means a health care provider as defined in\n\u00a7 8.01-581.1 that provides forensic medical examinations to victims of sexual\nassault.\n\t\t“Law-enforcement agency” means the state or local law-enforcement\nagency with the primary responsibility for investigating an alleged sexual\nassault offense case and includes the employees of that agency.\n\t\t“Physical evidence recovery kit” means any evidence collection kit\nsupplied by the Department to health care providers for use in collecting\nevidence from victims of sexual assault during forensic medical examinations or\nto the Office of the Chief Medical Examiner for use during death investigations\nto collect evidence from decedents who may be victims of sexual assault.\n\t\t“Sexual assault forensic examiner” means a health care provider\nwho has completed the education and training recommended by the Virginia\nForensic Nursing Advisory Council, approved by the Board of Health pursuant to\n\u00a7 32.1-162.15:12, to conduct examinations using a physical evidence recovery\nkit.\n\t\t“Sexual assault offense” means a violation or attempted violation\nof any offense enumerated in Article 7 (\u00a7 18.2-61 et seq.) of Chapter 4 of\nTitle 18.2 or of any offense specified in \u00a7 18.2-361, 18.2-370, or 18.2-370.1.\n\t\t“Telehealth sexual assault forensic examination” means an\nin-person forensic medical examination by a health care provider in consultation\nwith and under the supervision of a sexual assault forensic examiner using\ntelehealth services as defined in \u00a7 32.1-122.03:1 to collect evidence using a\nphysical evidence recovery kit.\n\t\t“Trace evidence collection kit” means any evidence collection kit\nsupplied by the Department to health care providers for use in collecting\nevidence from victims of strangulation during forensic medical examinations or\nto the Office of the Chief Medical Examiner for use during death investigations\nto collect evidence from decedents who may be victims of strangulation.\n\t\t“Victim of sexual assault” means any person who undergoes a\nforensic medical examination for the collection of a physical evidence recovery\nkit connected to a sexual assault offense.\n\t\t“Victim of strangulation” means any person who undergoes a\nforensic medical examination for the collection of evidence in connection with\nan alleged strangulation.\n\nHISTORY: 2016, cc. 332, 698; 2023, cc. 312, 312; 2025, cc. 529, 538.","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}}