{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.02.html"}],"law_id":61280,"edition_id":1,"section_id":61280,"structure_id":15051,"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","history":"2000, c. 860; 2005, c. 217; 2015, cc. 758, 770; 2017, c. 809; 2018, cc. 9, 810; 2019, c. 617; 2020, cc. 860, 861; 2021, Sp. Sess. I, cc. 188, 550, 551.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Barrier crime” means (i) a felony violation of § 16.1-253.2; any violation of § 18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2, 18.2-33, 18.2-35, 18.2-36, 18.2-36.1, 18.2-36.2, 18.2-41, or 18.2-42; any felony violation of § 18.2-46.2, 18.2-46.3, 18.2-46.3:1, or 18.2-46.3:3; any violation of § 18.2-46.5, 18.2-46.6, or 18.2-46.7; any violation of subsection A or B of § 18.2-47; any violation of § 18.2-48, 18.2-49, or 18.2-50.3; any violation of § 18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-51.5, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1, 18.2-54.2, 18.2-55, 18.2-55.1, 18.2-56, 18.2-56.1, 18.2-56.2, 18.2-57, 18.2-57.01, 18.2-57.02, 18.2-57.2, 18.2-58, 18.2-58.1, 18.2-59, 18.2-60, or 18.2-60.1; any felony violation of § 18.2-60.3 or 18.2-60.4; any violation of § 18.2-61, 18.2-63, 18.2-64.1, 18.2-64.2, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-67.5, 18.2-67.5:1, 18.2-67.5:2, 18.2-67.5:3, 18.2-77, 18.2-79, 18.2-80, 18.2-81, 18.2-82, 18.2-83, 18.2-84, 18.2-85, 18.2-86, 18.2-87, 18.2-87.1, or 18.2-88; any felony violation of § 18.2-279, 18.2-280, 18.2-281, 18.2-282, 18.2-282.1, 18.2-286.1, or 18.2-287.2; any violation of § 18.2-289, 18.2-290, 18.2-300, 18.2-308.4, or 18.2-314; any felony violation of § 18.2-346.01, 18.2-348, or 18.2-349; any violation of § 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1; any violation of subsection B of § 18.2-361; any violation of § 18.2-366, 18.2-369, 18.2-370, 18.2-370.1, 18.2-370.2, 18.2-370.3, 18.2-370.4, 18.2-370.5, 18.2-370.6, 18.2-371.1, 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 18.2-374.4, 18.2-379, 18.2-386.1, or 18.2-386.2; any felony violation of § 18.2-405 or 18.2-406; any violation of § 18.2-408, 18.2-413, 18.2-414, 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2, 18.2-433.2, 18.2-472.1, 18.2-474.1, 18.2-477, 18.2-477.1, 18.2-477.2, 18.2-478, 18.2-479, 18.2-480, 18.2-481, 18.2-484, 18.2-485, 37.2-917, or 53.1-203; or any substantially similar offense under the laws of another jurisdiction; (ii) any violation of § 18.2-89, 18.2-90, 18.2-91, 18.2-92, 18.2-93, or 18.2-94 or any substantially similar offense under the laws of another jurisdiction; (iii) any felony violation of § 4.1-1101, 18.2-248, 18.2-248.01, 18.2-248.02, 18.2-248.03, 18.2-248.1, 18.2-248.5, 18.2-251.2, 18.2-251.3, 18.2-255, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, or 18.2-258.2 or any substantially similar offense under the laws of another jurisdiction; (iv) any felony violation of § 18.2-250 or any substantially similar offense under the laws of another jurisdiction; (v) any offense set forth in § 9.1-902 that results in the person’s requirement to register with the Sex Offender and Crimes Against Minors Registry pursuant to § 9.1-901, including any finding that a person is not guilty by reason of insanity in accordance with Chapter 11.1 (§ 19.2-182.2 et seq.) of Title 19.2 of an offense set forth in § 9.1-902 that results in the person’s requirement to register with the Sex Offender and Crimes Against Minors Registry pursuant to § 9.1-901; any substantially similar offense under the laws of another jurisdiction; or any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted; or (vi) any other felony not included in clause (i), (ii), (iii), (iv), or (v) unless five years have elapsed from the date of the conviction.\n\t\t\t“Barrier crime information” means the following facts concerning a person who has been arrested for, or has been convicted of, a barrier crime, regardless of whether the person was a juvenile or adult at the time of the arrest or conviction: full name, race, sex, date of birth, height, weight, fingerprints, a brief description of the barrier crime or offenses for which the person has been arrested or has been convicted, the disposition of the charge, and any other information that may be useful in identifying persons arrested for or convicted of a barrier crime.\n\t\t\t“Care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children or the elderly or disabled.\n\t\t\t“Department” means the Department of State Police.\n\t\t\t“Employed by” means any person who is employed by, volunteers for, seeks to be employed by, or seeks to volunteer for a qualified entity.\n\t\t\t“Identification document” means a document made or issued by or under the authority of the United States government, a state, a political subdivision of a state, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization that, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.\n\t\t\t“Provider” means a person who (i) is employed by a qualified entity and has, seeks to have, or may have unsupervised access to a child or to an elderly or disabled person to whom the qualified entity provides care; (ii) is a volunteer of a qualified entity and has, seeks to have, or may have unsupervised access to a child to whom the qualified entity provides care; or (iii) owns, operates, or seeks to own or operate a qualified entity.\n\t\t\t“Qualified entity” means a business or organization that provides care to children or the elderly or disabled, whether governmental, private, for profit, nonprofit, or voluntary, except organizations exempt pursuant to subdivision A 7 of § 22.1-289.030.B\n\nA qualified entity may request the Department of State Police to conduct a national criminal background check on any provider who is employed by such entity. No qualified entity may request a national criminal background check on a provider until such provider has:1\n\nBeen fingerprinted; and2\n\nCompleted and signed a statement, furnished by the entity, that includes (i) his name, address, and date of birth as it appears on a valid identification document; (ii) a disclosure of whether or not the provider has ever been convicted of or is the subject of pending charges for a criminal offense within or outside the Commonwealth, and if the provider has been convicted of a crime, a description of the crime and the particulars of the conviction; (iii) a notice to the provider that the entity may request a background check; (iv) a notice to the provider that he is entitled to obtain a copy of any background check report, to challenge the accuracy and completeness of any information contained in any such report, and to obtain a prompt determination as to the validity of such challenge before a final determination is made by the Department; and (v) a notice to the provider that prior to the completion of the background check the qualified entity may choose to deny the provider unsupervised access to children or the elderly or disabled for whom the qualified entity provides care.C\n\nUpon receipt of (i) a qualified entity’s written request to conduct a background check on a provider, (ii) the provider’s fingerprints, and (iii) a completed, signed statement as described in subsection B, the Department shall make a determination whether the provider has been convicted of or is the subject of charges of a barrier crime. To conduct its determination regarding the provider’s barrier crime information, the Department shall access the national criminal history background check system, which is maintained by the Federal Bureau of Investigation and is based on fingerprints and other methods of identification, and shall access the Central Criminal Records Exchange maintained by the Department. If the Department receives a background report lacking disposition data, the Department shall conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data. The Department shall make reasonable efforts to respond to a qualified entity’s inquiry within 15 business days.D\n\nAny background check conducted pursuant to this section for a provider employed by a private entity shall be screened by the Department of State Police. If the provider has been convicted of or is under indictment for a barrier crime, the qualified entity shall be notified that the provider is not qualified to work or volunteer in a position that involves unsupervised access to children or the elderly or disabled.E\n\nAny background check conducted pursuant to this section for a provider employed by a governmental entity shall be provided to that entity.F\n\nIn the case of a provider who desires to volunteer at a qualified entity and who is subject to a national criminal background check, the Department and the Federal Bureau of Investigation may each charge the provider the lesser of $18 or the actual cost to the entity of the background check conducted with the fingerprints.G\n\nThe failure to request a criminal background check pursuant to subsection B shall not be considered negligence per se in any civil action.","order_by":null,"text":{"0":{"id":223926,"text":"For purposes of this section:\n\t\t\t“Barrier crime” means (i) a felony violation of § 16.1-253.2; any violation of § 18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2, 18.2-33, 18.2-35, 18.2-36, 18.2-36.1, 18.2-36.2, 18.2-41, or 18.2-42; any felony violation of § 18.2-46.2, 18.2-46.3, 18.2-46.3:1, or 18.2-46.3:3; any violation of § 18.2-46.5, 18.2-46.6, or 18.2-46.7; any violation of subsection A or B of § 18.2-47; any violation of § 18.2-48, 18.2-49, or 18.2-50.3; any violation of § 18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-51.5, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1, 18.2-54.2, 18.2-55, 18.2-55.1, 18.2-56, 18.2-56.1, 18.2-56.2, 18.2-57, 18.2-57.01, 18.2-57.02, 18.2-57.2, 18.2-58, 18.2-58.1, 18.2-59, 18.2-60, or 18.2-60.1; any felony violation of § 18.2-60.3 or 18.2-60.4; any violation of § 18.2-61, 18.2-63, 18.2-64.1, 18.2-64.2, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-67.5, 18.2-67.5:1, 18.2-67.5:2, 18.2-67.5:3, 18.2-77, 18.2-79, 18.2-80, 18.2-81, 18.2-82, 18.2-83, 18.2-84, 18.2-85, 18.2-86, 18.2-87, 18.2-87.1, or 18.2-88; any felony violation of § 18.2-279, 18.2-280, 18.2-281, 18.2-282, 18.2-282.1, 18.2-286.1, or 18.2-287.2; any violation of § 18.2-289, 18.2-290, 18.2-300, 18.2-308.4, or 18.2-314; any felony violation of § 18.2-346.01, 18.2-348, or 18.2-349; any violation of § 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1; any violation of subsection B of § 18.2-361; any violation of § 18.2-366, 18.2-369, 18.2-370, 18.2-370.1, 18.2-370.2, 18.2-370.3, 18.2-370.4, 18.2-370.5, 18.2-370.6, 18.2-371.1, 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 18.2-374.4, 18.2-379, 18.2-386.1, or 18.2-386.2; any felony violation of § 18.2-405 or 18.2-406; any violation of § 18.2-408, 18.2-413, 18.2-414, 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2, 18.2-433.2, 18.2-472.1, 18.2-474.1, 18.2-477, 18.2-477.1, 18.2-477.2, 18.2-478, 18.2-479, 18.2-480, 18.2-481, 18.2-484, 18.2-485, 37.2-917, or 53.1-203; or any substantially similar offense under the laws of another jurisdiction; (ii) any violation of § 18.2-89, 18.2-90, 18.2-91, 18.2-92, 18.2-93, or 18.2-94 or any substantially similar offense under the laws of another jurisdiction; (iii) any felony violation of § 4.1-1101, 18.2-248, 18.2-248.01, 18.2-248.02, 18.2-248.03, 18.2-248.1, 18.2-248.5, 18.2-251.2, 18.2-251.3, 18.2-255, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, or 18.2-258.2 or any substantially similar offense under the laws of another jurisdiction; (iv) any felony violation of § 18.2-250 or any substantially similar offense under the laws of another jurisdiction; (v) any offense set forth in § 9.1-902 that results in the person’s requirement to register with the Sex Offender and Crimes Against Minors Registry pursuant to § 9.1-901, including any finding that a person is not guilty by reason of insanity in accordance with Chapter 11.1 (§ 19.2-182.2 et seq.) of Title 19.2 of an offense set forth in § 9.1-902 that results in the person’s requirement to register with the Sex Offender and Crimes Against Minors Registry pursuant to § 9.1-901; any substantially similar offense under the laws of another jurisdiction; or any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted; or (vi) any other felony not included in clause (i), (ii), (iii), (iv), or (v) unless five years have elapsed from the date of the conviction.\n\t\t\t“Barrier crime information” means the following facts concerning a person who has been arrested for, or has been convicted of, a barrier crime, regardless of whether the person was a juvenile or adult at the time of the arrest or conviction: full name, race, sex, date of birth, height, weight, fingerprints, a brief description of the barrier crime or offenses for which the person has been arrested or has been convicted, the disposition of the charge, and any other information that may be useful in identifying persons arrested for or convicted of a barrier crime.\n\t\t\t“Care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children or the elderly or disabled.\n\t\t\t“Department” means the Department of State Police.\n\t\t\t“Employed by” means any person who is employed by, volunteers for, seeks to be employed by, or seeks to volunteer for a qualified entity.\n\t\t\t“Identification document” means a document made or issued by or under the authority of the United States government, a state, a political subdivision of a state, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization that, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.\n\t\t\t“Provider” means a person who (i) is employed by a qualified entity and has, seeks to have, or may have unsupervised access to a child or to an elderly or disabled person to whom the qualified entity provides care; (ii) is a volunteer of a qualified entity and has, seeks to have, or may have unsupervised access to a child to whom the qualified entity provides care; or (iii) owns, operates, or seeks to own or operate a qualified entity.\n\t\t\t“Qualified entity” means a business or organization that provides care to children or the elderly or disabled, whether governmental, private, for profit, nonprofit, or voluntary, except organizations exempt pursuant to subdivision A 7 of § 22.1-289.030.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":223927,"text":"A qualified entity may request the Department of State Police to conduct a national criminal background check on any provider who is employed by such entity. No qualified entity may request a national criminal background check on a provider until such provider has:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":223928,"text":"Been fingerprinted; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":223929,"text":"Completed and signed a statement, furnished by the entity, that includes (i) his name, address, and date of birth as it appears on a valid identification document; (ii) a disclosure of whether or not the provider has ever been convicted of or is the subject of pending charges for a criminal offense within or outside the Commonwealth, and if the provider has been convicted of a crime, a description of the crime and the particulars of the conviction; (iii) a notice to the provider that the entity may request a background check; (iv) a notice to the provider that he is entitled to obtain a copy of any background check report, to challenge the accuracy and completeness of any information contained in any such report, and to obtain a prompt determination as to the validity of such challenge before a final determination is made by the Department; and (v) a notice to the provider that prior to the completion of the background check the qualified entity may choose to deny the provider unsupervised access to children or the elderly or disabled for whom the qualified entity provides care.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":223930,"text":"Upon receipt of (i) a qualified entity’s written request to conduct a background check on a provider, (ii) the provider’s fingerprints, and (iii) a completed, signed statement as described in subsection B, the Department shall make a determination whether the provider has been convicted of or is the subject of charges of a barrier crime. To conduct its determination regarding the provider’s barrier crime information, the Department shall access the national criminal history background check system, which is maintained by the Federal Bureau of Investigation and is based on fingerprints and other methods of identification, and shall access the Central Criminal Records Exchange maintained by the Department. If the Department receives a background report lacking disposition data, the Department shall conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data. The Department shall make reasonable efforts to respond to a qualified entity’s inquiry within 15 business days.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":223931,"text":"Any background check conducted pursuant to this section for a provider employed by a private entity shall be screened by the Department of State Police. If the provider has been convicted of or is under indictment for a barrier crime, the qualified entity shall be notified that the provider is not qualified to work or volunteer in a position that involves unsupervised access to children or the elderly or disabled.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":223932,"text":"Any background check conducted pursuant to this section for a provider employed by a governmental entity shall be provided to that entity.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":223933,"text":"In the case of a provider who desires to volunteer at a qualified entity and who is subject to a national criminal background check, the Department and the Federal Bureau of Investigation may each charge the provider the lesser of $18 or the actual cost to the entity of the background check conducted with the fingerprints.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":223934,"text":"The failure to request a criminal background check pursuant to subsection B shall not be considered negligence per se in any civil action.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":15051,"edition_id":1,"name":"Central Criminal Records Exchange","identifier":"23","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:45","date_modified":"2026-06-26 03:51:45","permalink":{"id":170405,"object_type":"structure","relational_id":15051,"identifier":"23","token":"19.2\/23","url":"\/19.2\/23\/","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":60081,"structure_id":15051,"section_number":"19.2-387","catch_line":"Exchange to operate as a division of Department of State Police; 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limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty","url":"\/19.2-389.3\/","token":"19.2\/23\/19.2-389.3","metadata":false},{"id":82582,"structure_id":15051,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","url":"\/19.2-390\/","token":"19.2\/23\/19.2-390","metadata":false},{"id":79559,"structure_id":15051,"section_number":"19.2-390.01","catch_line":"Use of Virginia crime code references required","url":"\/19.2-390.01\/","token":"19.2\/23\/19.2-390.01","metadata":false},{"id":80326,"structure_id":15051,"section_number":"19.2-390.02","catch_line":"Policies and procedures for law enforcement to conduct in-person and photo lineups","url":"\/19.2-390.02\/","token":"19.2\/23\/19.2-390.02","metadata":false},{"id":72817,"structure_id":15051,"section_number":"19.2-390.03","catch_line":"Development and dissemination of model policy on fingerprinting and reports to the Central Criminal Records Exchange","url":"\/19.2-390.03\/","token":"19.2\/23\/19.2-390.03","metadata":false},{"id":86792,"structure_id":15051,"section_number":"19.2-390.04","catch_line":"Custodial interrogations; 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This law was first created in 2000. The record of its establishment is cataloged in chapter 860<\/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 6 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 2005, chapter 217<\/a>; in 2015, chapters 758<\/a> and 770<\/a>; in 2017, chapter 809<\/a>; in 2018, chapters 9<\/a> and 810<\/a>; in 2019, chapter 617<\/a>; in 2020, chapters 860<\/a> and 861<\/a>.<\/p>","references":[{"id":57565,"section_number":"15.2-914","catch_line":"Regulation of child-care services and facilities in cities and certain counties","order_by":null,"url":"\/15.2-914\/"},{"id":57466,"section_number":"19.2-388.1","catch_line":"Fingerprints submitted by Live Scan device","order_by":null,"url":"\/19.2-388.1\/"},{"id":83552,"section_number":"19.2-392.5","catch_line":"(Effective July 1, 2026) Sealing defined; effect of sealing","order_by":null,"url":"\/19.2-392.5\/"},{"id":56242,"section_number":"22.1-289.034","catch_line":"Barrier crime; construction","order_by":null,"url":"\/22.1-289.034\/"},{"id":77523,"section_number":"22.1-289.035","catch_line":"Licensed child day centers, family day homes, and family day systems; employment for compensation or use as volunteers of persons convicted of or found to have committed certain offenses prohibited; national background check required; penalty","order_by":null,"url":"\/22.1-289.035\/"},{"id":85574,"section_number":"22.1-289.036","catch_line":"Background check upon application for licensure, registration, or approval as child day center, family day home, or family day system; penalty","order_by":null,"url":"\/22.1-289.036\/"},{"id":77679,"section_number":"22.1-289.037","catch_line":"Revocation or denial of renewal based on background checks; failure to obtain background check","order_by":null,"url":"\/22.1-289.037\/"},{"id":59383,"section_number":"22.1-289.038","catch_line":"Child day programs and family day systems; criminal conviction and waiver","order_by":null,"url":"\/22.1-289.038\/"},{"id":60315,"section_number":"22.1-289.039","catch_line":"Records check by unlicensed child day center; penalty","order_by":null,"url":"\/22.1-289.039\/"},{"id":72098,"section_number":"22.1-289.040","catch_line":"Child day centers and family day homes receiving federal, state, or local child care funds; eligibility requirements","order_by":null,"url":"\/22.1-289.040\/"},{"id":62723,"section_number":"22.1-296.1","catch_line":"Data on convictions for certain crimes and child abuse and neglect required; penalty","order_by":null,"url":"\/22.1-296.1\/"},{"id":77692,"section_number":"32.1-126.01","catch_line":"Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; suspension or revocation of license","order_by":null,"url":"\/32.1-126.01\/"},{"id":77517,"section_number":"32.1-162.15:1.10","catch_line":"(Effective July 1, 2026) Background check upon application for licensure; penalty","order_by":null,"url":"\/32.1-162.15_1.10\/"},{"id":84103,"section_number":"32.1-162.15:1.17","catch_line":"(Effective July 1, 2026) Employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty","order_by":null,"url":"\/32.1-162.15_1.17\/"},{"id":75534,"section_number":"32.1-162.15:1.18","catch_line":"(Effective July 1, 2026) Revocation or denial of renewal based on background checks; failure to obtain background check","order_by":null,"url":"\/32.1-162.15_1.18\/"},{"id":77442,"section_number":"32.1-162.9:1","catch_line":"Employment for compensation of persons convicted of barrier crimes prohibited; criminal records check required; drug testing; suspension or revocation of license","order_by":null,"url":"\/32.1-162.9_1\/"},{"id":75182,"section_number":"37.2-314","catch_line":"Background check required","order_by":null,"url":"\/37.2-314\/"},{"id":70260,"section_number":"37.2-408.1","catch_line":"Background check required; children's residential facilities","order_by":null,"url":"\/37.2-408.1\/"},{"id":64373,"section_number":"37.2-416","catch_line":"Background checks required; services for children and developmental services","order_by":null,"url":"\/37.2-416\/"},{"id":67357,"section_number":"37.2-416.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-416.1\/"},{"id":75347,"section_number":"37.2-506","catch_line":"Background checks required; services for children and developmental services","order_by":null,"url":"\/37.2-506\/"},{"id":61726,"section_number":"37.2-506.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-506.1\/"},{"id":61614,"section_number":"63.2-1601.1","catch_line":"Criminal history check for agency approved providers of services to adults","order_by":null,"url":"\/63.2-1601.1\/"},{"id":79115,"section_number":"63.2-1719","catch_line":"Barrier crime; construction","order_by":null,"url":"\/63.2-1719\/"},{"id":72022,"section_number":"63.2-1720","catch_line":"Assisted living facilities and adult day centers; employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty","order_by":null,"url":"\/63.2-1720\/"},{"id":81967,"section_number":"63.2-1721","catch_line":"Background check upon application for licensure as a child-placing agency, etc.; penalty","order_by":null,"url":"\/63.2-1721\/"},{"id":86252,"section_number":"63.2-1722","catch_line":"Revocation or denial of renewal based on background checks; failure to obtain background check","order_by":null,"url":"\/63.2-1722\/"},{"id":76456,"section_number":"63.2-1723","catch_line":"Child welfare agencies; criminal conviction and waiver","order_by":null,"url":"\/63.2-1723\/"},{"id":80180,"section_number":"63.2-1726","catch_line":"Background check required; children's residential facilities","order_by":null,"url":"\/63.2-1726\/"},{"id":81648,"section_number":"63.2-901.1","catch_line":"Criminal history and central registry check for placements of children","order_by":null,"url":"\/63.2-901.1\/"}],"refers_to":[{"id":82642,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","order_by":null,"url":"\/16.1-253.2\/"},{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":76843,"section_number":"18.2-248.01","catch_line":"Transporting controlled substances into the Commonwealth; penalty","order_by":null,"url":"\/18.2-248.01\/"},{"id":56536,"section_number":"18.2-248.02","catch_line":"Allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine or fentanyl prohibited; penalties","order_by":null,"url":"\/18.2-248.02\/"},{"id":71689,"section_number":"18.2-248.03","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine; penalty","order_by":null,"url":"\/18.2-248.03\/"},{"id":60632,"section_number":"18.2-248.1","catch_line":"Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana","order_by":null,"url":"\/18.2-248.1\/"},{"id":61670,"section_number":"18.2-248.5","catch_line":"Illegal stimulants and steroids; penalty","order_by":null,"url":"\/18.2-248.5\/"},{"id":58255,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","order_by":null,"url":"\/18.2-250\/"},{"id":60795,"section_number":"18.2-251.2","catch_line":"Possession and distribution of flunitrazepam; enhanced penalty","order_by":null,"url":"\/18.2-251.2\/"},{"id":81533,"section_number":"18.2-251.3","catch_line":"Possession and distribution of gamma-butyrolactone; 1, 4-butanediol; enhanced penalty","order_by":null,"url":"\/18.2-251.3\/"},{"id":55615,"section_number":"18.2-255","catch_line":"Distribution of certain drugs to persons under 18 prohibited; penalty","order_by":null,"url":"\/18.2-255\/"},{"id":79362,"section_number":"18.2-255.2","catch_line":"Prohibiting the sale or manufacture of drugs on or near certain properties; penalty","order_by":null,"url":"\/18.2-255.2\/"},{"id":57190,"section_number":"18.2-258","catch_line":"Certain premises deemed common nuisance; penalty","order_by":null,"url":"\/18.2-258\/"},{"id":54216,"section_number":"18.2-258.02","catch_line":"Maintaining a fortified drug house; penalty","order_by":null,"url":"\/18.2-258.02\/"},{"id":61427,"section_number":"18.2-258.1","catch_line":"Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery","order_by":null,"url":"\/18.2-258.1\/"},{"id":70798,"section_number":"18.2-258.2","catch_line":"Assisting individuals in unlawfully procuring prescription drugs; penalty","order_by":null,"url":"\/18.2-258.2\/"},{"id":62694,"section_number":"18.2-279","catch_line":"Discharging firearms or missiles within or at building or dwelling house; penalty","order_by":null,"url":"\/18.2-279\/"},{"id":83677,"section_number":"18.2-280","catch_line":"Willfully discharging firearms in public places","order_by":null,"url":"\/18.2-280\/"},{"id":86429,"section_number":"18.2-281","catch_line":"Setting spring gun or other deadly weapon","order_by":null,"url":"\/18.2-281\/"},{"id":73757,"section_number":"18.2-282","catch_line":"Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty","order_by":null,"url":"\/18.2-282\/"},{"id":54804,"section_number":"18.2-282.1","catch_line":"Brandishing a machete or other bladed weapon with intent to intimidate; penalty","order_by":null,"url":"\/18.2-282.1\/"},{"id":86343,"section_number":"18.2-286.1","catch_line":"Shooting from vehicles so as to endanger persons; penalty","order_by":null,"url":"\/18.2-286.1\/"},{"id":66302,"section_number":"18.2-287.2","catch_line":"Wearing of body armor while committing a crime; penalty","order_by":null,"url":"\/18.2-287.2\/"},{"id":61879,"section_number":"18.2-289","catch_line":"Use of machine gun for crime of violence","order_by":null,"url":"\/18.2-289\/"},{"id":59487,"section_number":"18.2-290","catch_line":"Use of machine gun for aggressive purpose","order_by":null,"url":"\/18.2-290\/"},{"id":62541,"section_number":"18.2-300","catch_line":"Possession or use of \"sawed-off\" shotgun or rifle","order_by":null,"url":"\/18.2-300\/"},{"id":80658,"section_number":"18.2-308.4","catch_line":"Possession of firearms while in possession of certain substances","order_by":null,"url":"\/18.2-308.4\/"},{"id":79946,"section_number":"18.2-31","catch_line":"Aggravated murder defined; punishment","order_by":null,"url":"\/18.2-31\/"},{"id":55173,"section_number":"18.2-314","catch_line":"Failing to secure medical attention for injured child","order_by":null,"url":"\/18.2-314\/"},{"id":57602,"section_number":"18.2-32","catch_line":"First and second degree murder defined; punishment","order_by":null,"url":"\/18.2-32\/"},{"id":62187,"section_number":"18.2-32.1","catch_line":"Murder of a pregnant woman; penalty","order_by":null,"url":"\/18.2-32.1\/"},{"id":79116,"section_number":"18.2-32.2","catch_line":"Killing a fetus; penalty","order_by":null,"url":"\/18.2-32.2\/"},{"id":80906,"section_number":"18.2-33","catch_line":"Felony homicide defined; punishment","order_by":null,"url":"\/18.2-33\/"},{"id":57611,"section_number":"18.2-346.01","catch_line":"Prostitution; solicitation; commercial exploitation of a minor; penalties","order_by":null,"url":"\/18.2-346.01\/"},{"id":83161,"section_number":"18.2-348","catch_line":"Aiding prostitution or illicit sexual intercourse, etc.; penalty","order_by":null,"url":"\/18.2-348\/"},{"id":85342,"section_number":"18.2-349","catch_line":"Using vehicles to promote prostitution or unlawful sexual intercourse; penalty","order_by":null,"url":"\/18.2-349\/"},{"id":70478,"section_number":"18.2-35","catch_line":"How voluntary manslaughter punished","order_by":null,"url":"\/18.2-35\/"},{"id":57212,"section_number":"18.2-355","catch_line":"Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking","order_by":null,"url":"\/18.2-355\/"},{"id":59657,"section_number":"18.2-356","catch_line":"Receiving money for procuring person; penalties","order_by":null,"url":"\/18.2-356\/"},{"id":62200,"section_number":"18.2-357","catch_line":"Receiving money from earnings of male or female prostitute; penalties","order_by":null,"url":"\/18.2-357\/"},{"id":76497,"section_number":"18.2-357.1","catch_line":"Commercial sex trafficking; penalties","order_by":null,"url":"\/18.2-357.1\/"},{"id":78426,"section_number":"18.2-36","catch_line":"How involuntary manslaughter punished","order_by":null,"url":"\/18.2-36\/"},{"id":67930,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","order_by":null,"url":"\/18.2-36.1\/"},{"id":71288,"section_number":"18.2-36.2","catch_line":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","order_by":null,"url":"\/18.2-36.2\/"},{"id":55287,"section_number":"18.2-361","catch_line":"Crimes against nature; penalty","order_by":null,"url":"\/18.2-361\/"},{"id":76153,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","order_by":null,"url":"\/18.2-366\/"},{"id":70553,"section_number":"18.2-369","catch_line":"Abuse and neglect of vulnerable adults; penalties","order_by":null,"url":"\/18.2-369\/"},{"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":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":83105,"section_number":"18.2-370.3","catch_line":"Sex offenses prohibiting residing in proximity to children; penalty","order_by":null,"url":"\/18.2-370.3\/"},{"id":56106,"section_number":"18.2-370.4","catch_line":"Sex offenses prohibiting working on school property; penalty","order_by":null,"url":"\/18.2-370.4\/"},{"id":67853,"section_number":"18.2-370.5","catch_line":"Offenses prohibiting entry onto school or other property; penalty","order_by":null,"url":"\/18.2-370.5\/"},{"id":73520,"section_number":"18.2-370.6","catch_line":"Penetration of mouth of child with lascivious intent; penalty","order_by":null,"url":"\/18.2-370.6\/"},{"id":65049,"section_number":"18.2-371.1","catch_line":"Abuse and neglect of children; penalties; abandoned infant","order_by":null,"url":"\/18.2-371.1\/"},{"id":61326,"section_number":"18.2-374.1","catch_line":"Production, publication, sale, financing, etc., of child pornography; presumption as to age","order_by":null,"url":"\/18.2-374.1\/"},{"id":63653,"section_number":"18.2-374.1:1","catch_line":"Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty","order_by":null,"url":"\/18.2-374.1_1\/"},{"id":77778,"section_number":"18.2-374.3","catch_line":"Use of communications systems to facilitate certain offenses involving children; penalties","order_by":null,"url":"\/18.2-374.3\/"},{"id":56184,"section_number":"18.2-374.4","catch_line":"Display of child pornography or grooming video or materials to a child unlawful; penalty","order_by":null,"url":"\/18.2-374.4\/"},{"id":67563,"section_number":"18.2-379","catch_line":"Employing or permitting minor to assist in offense under article","order_by":null,"url":"\/18.2-379\/"},{"id":79274,"section_number":"18.2-386.1","catch_line":"Unlawful creation of image of another; penalty","order_by":null,"url":"\/18.2-386.1\/"},{"id":69532,"section_number":"18.2-386.2","catch_line":"Unlawful dissemination or sale of images of another; penalty","order_by":null,"url":"\/18.2-386.2\/"},{"id":66562,"section_number":"18.2-405","catch_line":"What constitutes a riot; punishment","order_by":null,"url":"\/18.2-405\/"},{"id":83452,"section_number":"18.2-406","catch_line":"What constitutes an unlawful assembly; punishment","order_by":null,"url":"\/18.2-406\/"},{"id":79023,"section_number":"18.2-408","catch_line":"Conspiracy; incitement, etc., to riot","order_by":null,"url":"\/18.2-408\/"},{"id":69785,"section_number":"18.2-41","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc., by mob","order_by":null,"url":"\/18.2-41\/"},{"id":86638,"section_number":"18.2-413","catch_line":"Commission of certain offenses in county, city or town declared by Governor to be in state of riot or insurrection","order_by":null,"url":"\/18.2-413\/"},{"id":82336,"section_number":"18.2-414","catch_line":"Injury to property or persons by persons unlawfully or riotously assembled","order_by":null,"url":"\/18.2-414\/"},{"id":58166,"section_number":"18.2-42","catch_line":"Assault or battery by mob","order_by":null,"url":"\/18.2-42\/"},{"id":72550,"section_number":"18.2-423","catch_line":"Burning cross on property of another or public place with intent to intimidate; penalty; prima facie evidence of intent","order_by":null,"url":"\/18.2-423\/"},{"id":77995,"section_number":"18.2-423.01","catch_line":"Burning object on property of another or a highway or other public place with intent to intimidate; penalty","order_by":null,"url":"\/18.2-423.01\/"},{"id":86316,"section_number":"18.2-423.1","catch_line":"Placing Nazi symbol or emblem on certain property with intent to intimidate; penalty; prima facie evidence of intent","order_by":null,"url":"\/18.2-423.1\/"},{"id":78205,"section_number":"18.2-423.2","catch_line":"Displaying noose on property of another or a highway or other public place with intent to intimidate; penalty","order_by":null,"url":"\/18.2-423.2\/"},{"id":56135,"section_number":"18.2-433.2","catch_line":"Paramilitary activity prohibited; penalty","order_by":null,"url":"\/18.2-433.2\/"},{"id":60069,"section_number":"18.2-46.2","catch_line":"Prohibited criminal street gang participation; penalty","order_by":null,"url":"\/18.2-46.2\/"},{"id":70242,"section_number":"18.2-46.3","catch_line":"Recruitment of persons for criminal street gang; penalty","order_by":null,"url":"\/18.2-46.3\/"},{"id":64920,"section_number":"18.2-46.3:1","catch_line":"Third or subsequent conviction of criminal street gang crimes","order_by":null,"url":"\/18.2-46.3_1\/"},{"id":69277,"section_number":"18.2-46.3:3","catch_line":"Enhanced punishment for gang activity taking place in a gang-free zone; penalties","order_by":null,"url":"\/18.2-46.3_3\/"},{"id":57068,"section_number":"18.2-46.5","catch_line":"Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty","order_by":null,"url":"\/18.2-46.5\/"},{"id":76633,"section_number":"18.2-46.6","catch_line":"Possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited; penalty","order_by":null,"url":"\/18.2-46.6\/"},{"id":60578,"section_number":"18.2-46.7","catch_line":"Act of bioterrorism against agricultural crops or animals; penalty","order_by":null,"url":"\/18.2-46.7\/"},{"id":60862,"section_number":"18.2-47","catch_line":"Abduction and kidnapping defined; forced labor; punishment","order_by":null,"url":"\/18.2-47\/"},{"id":57746,"section_number":"18.2-472.1","catch_line":"Providing false information or failing to provide registration information; penalty; prima facie evidence","order_by":null,"url":"\/18.2-472.1\/"},{"id":78113,"section_number":"18.2-474.1","catch_line":"Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons","order_by":null,"url":"\/18.2-474.1\/"},{"id":74785,"section_number":"18.2-477","catch_line":"Prisoner escaping from jail; how punished","order_by":null,"url":"\/18.2-477\/"},{"id":71093,"section_number":"18.2-477.1","catch_line":"Escapes from juvenile facility; penalty","order_by":null,"url":"\/18.2-477.1\/"},{"id":69096,"section_number":"18.2-477.2","catch_line":"Punishment for certain offenses committed within a secure juvenile facility or detention home","order_by":null,"url":"\/18.2-477.2\/"},{"id":70244,"section_number":"18.2-478","catch_line":"Escape from jail or custody by force or violence without setting fire to jail; penalty","order_by":null,"url":"\/18.2-478\/"},{"id":60333,"section_number":"18.2-479","catch_line":"Escape without force or violence or setting fire to jail; penalties","order_by":null,"url":"\/18.2-479\/"},{"id":59389,"section_number":"18.2-48","catch_line":"Abduction with intent to extort money or for immoral purpose","order_by":null,"url":"\/18.2-48\/"},{"id":76492,"section_number":"18.2-480","catch_line":"Escape, etc., by setting fire to jail","order_by":null,"url":"\/18.2-480\/"},{"id":54092,"section_number":"18.2-481","catch_line":"Treason defined; how proved and punished","order_by":null,"url":"\/18.2-481\/"},{"id":81643,"section_number":"18.2-484","catch_line":"Advocacy of change in government by force, violence or other unlawful means","order_by":null,"url":"\/18.2-484\/"},{"id":85381,"section_number":"18.2-485","catch_line":"Conspiring to incite one race to insurrection against another race","order_by":null,"url":"\/18.2-485\/"},{"id":64917,"section_number":"18.2-49","catch_line":"Threatening, attempting, or assisting in such abduction; penalty","order_by":null,"url":"\/18.2-49\/"},{"id":77889,"section_number":"18.2-50.3","catch_line":"Enticing, etc., another into a dwelling house with intent to commit certain felonies; penalty","order_by":null,"url":"\/18.2-50.3\/"},{"id":72243,"section_number":"18.2-51","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc","order_by":null,"url":"\/18.2-51\/"},{"id":72165,"section_number":"18.2-51.1","catch_line":"Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical services personnel; penalty; lesser-included offense","order_by":null,"url":"\/18.2-51.1\/"},{"id":68812,"section_number":"18.2-51.2","catch_line":"Aggravated malicious wounding; penalty","order_by":null,"url":"\/18.2-51.2\/"},{"id":78289,"section_number":"18.2-51.3","catch_line":"Prohibition against reckless endangerment of others by throwing objects from places higher than one story; penalty","order_by":null,"url":"\/18.2-51.3\/"},{"id":54708,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","order_by":null,"url":"\/18.2-51.4\/"},{"id":71114,"section_number":"18.2-51.5","catch_line":"Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty","order_by":null,"url":"\/18.2-51.5\/"},{"id":75920,"section_number":"18.2-51.6","catch_line":"Strangulation or suffocation of another; penalty","order_by":null,"url":"\/18.2-51.6\/"},{"id":60388,"section_number":"18.2-52","catch_line":"Malicious bodily injury by means of any caustic substance or agent or use of any explosive or fire","order_by":null,"url":"\/18.2-52\/"},{"id":65361,"section_number":"18.2-52.1","catch_line":"Possession of infectious biological substances or radiological agents; penalties","order_by":null,"url":"\/18.2-52.1\/"},{"id":63001,"section_number":"18.2-53","catch_line":"Shooting, etc., in committing or attempting a felony","order_by":null,"url":"\/18.2-53\/"},{"id":76539,"section_number":"18.2-53.1","catch_line":"Use or display of firearm in committing felony","order_by":null,"url":"\/18.2-53.1\/"},{"id":58105,"section_number":"18.2-54.1","catch_line":"Attempts to poison","order_by":null,"url":"\/18.2-54.1\/"},{"id":66847,"section_number":"18.2-54.2","catch_line":"Adulteration of food, drink, drugs, cosmetics, etc.; penalty","order_by":null,"url":"\/18.2-54.2\/"},{"id":82347,"section_number":"18.2-55","catch_line":"Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers or adult parolees","order_by":null,"url":"\/18.2-55\/"},{"id":69835,"section_number":"18.2-55.1","catch_line":"Hazing of youth gang members unlawful; criminal liability","order_by":null,"url":"\/18.2-55.1\/"},{"id":86902,"section_number":"18.2-56","catch_line":"Hazing unlawful; civil and criminal liability; duty of school, etc., officials; penalty","order_by":null,"url":"\/18.2-56\/"},{"id":75271,"section_number":"18.2-56.1","catch_line":"Reckless handling of firearms; reckless handling while hunting","order_by":null,"url":"\/18.2-56.1\/"},{"id":57206,"section_number":"18.2-56.2","catch_line":"Allowing access to firearms by children; penalty","order_by":null,"url":"\/18.2-56.2\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":58241,"section_number":"18.2-57.01","catch_line":"Pointing laser at law-enforcement officer unlawful; penalty","order_by":null,"url":"\/18.2-57.01\/"},{"id":67857,"section_number":"18.2-57.02","catch_line":"Disarming a law-enforcement or correctional officer; penalty","order_by":null,"url":"\/18.2-57.02\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":79704,"section_number":"18.2-58","catch_line":"Robbery; penalties","order_by":null,"url":"\/18.2-58\/"},{"id":71665,"section_number":"18.2-58.1","catch_line":"Carjacking; penalty","order_by":null,"url":"\/18.2-58.1\/"},{"id":72142,"section_number":"18.2-59","catch_line":"Extortion of money, property or pecuniary benefit","order_by":null,"url":"\/18.2-59\/"},{"id":70858,"section_number":"18.2-60","catch_line":"Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties","order_by":null,"url":"\/18.2-60\/"},{"id":66281,"section_number":"18.2-60.1","catch_line":"Threatening the Governor or his immediate family","order_by":null,"url":"\/18.2-60.1\/"},{"id":54485,"section_number":"18.2-60.3","catch_line":"Stalking; penalty","order_by":null,"url":"\/18.2-60.3\/"},{"id":86834,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","order_by":null,"url":"\/18.2-60.4\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":76651,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","order_by":null,"url":"\/18.2-63\/"},{"id":67558,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","order_by":null,"url":"\/18.2-64.1\/"},{"id":77968,"section_number":"18.2-64.2","catch_line":"Carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, pretrial defendant or posttrial offender, or confidential informant; penalty","order_by":null,"url":"\/18.2-64.2\/"},{"id":73623,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","order_by":null,"url":"\/18.2-67.1\/"},{"id":73072,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","order_by":null,"url":"\/18.2-67.2\/"},{"id":85126,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","order_by":null,"url":"\/18.2-67.3\/"},{"id":67699,"section_number":"18.2-67.4","catch_line":"Sexual battery","order_by":null,"url":"\/18.2-67.4\/"},{"id":64369,"section_number":"18.2-67.4:1","catch_line":"Infected sexual battery; penalty","order_by":null,"url":"\/18.2-67.4_1\/"},{"id":70257,"section_number":"18.2-67.4:2","catch_line":"Sexual abuse of a child under 15 years of age; penalty","order_by":null,"url":"\/18.2-67.4_2\/"},{"id":57731,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","order_by":null,"url":"\/18.2-67.5\/"},{"id":73718,"section_number":"18.2-67.5:1","catch_line":"Punishment upon conviction of third misdemeanor offense","order_by":null,"url":"\/18.2-67.5_1\/"},{"id":54441,"section_number":"18.2-67.5:2","catch_line":"Punishment upon conviction of certain subsequent felony sexual assault","order_by":null,"url":"\/18.2-67.5_2\/"},{"id":68571,"section_number":"18.2-67.5:3","catch_line":"Punishment upon conviction of certain subsequent violent felony sexual assault","order_by":null,"url":"\/18.2-67.5_3\/"},{"id":62707,"section_number":"18.2-77","catch_line":"Burning or destroying dwelling house, etc","order_by":null,"url":"\/18.2-77\/"},{"id":61666,"section_number":"18.2-79","catch_line":"Burning or destroying meeting house, etc","order_by":null,"url":"\/18.2-79\/"},{"id":54834,"section_number":"18.2-80","catch_line":"Burning or destroying any other building or structure","order_by":null,"url":"\/18.2-80\/"},{"id":65432,"section_number":"18.2-81","catch_line":"Burning or destroying personal property, standing grain, etc","order_by":null,"url":"\/18.2-81\/"},{"id":57865,"section_number":"18.2-82","catch_line":"Burning building or structure while in such building or structure with intent to commit felony","order_by":null,"url":"\/18.2-82\/"},{"id":65236,"section_number":"18.2-83","catch_line":"Threats to bomb, damage, or discharge a firearm within or at buildings or means of transportation; false information as to danger to such buildings, etc.; punishment; venue","order_by":null,"url":"\/18.2-83\/"},{"id":82342,"section_number":"18.2-84","catch_line":"Causing, inciting, etc., commission of act proscribed by \u00a7 18.2-83","order_by":null,"url":"\/18.2-84\/"},{"id":82444,"section_number":"18.2-85","catch_line":"Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penalties","order_by":null,"url":"\/18.2-85\/"},{"id":62664,"section_number":"18.2-86","catch_line":"Setting fire to woods, fences, grass, etc","order_by":null,"url":"\/18.2-86\/"},{"id":83992,"section_number":"18.2-87","catch_line":"Setting woods, etc., on fire intentionally whereby another is damaged or jeopardized","order_by":null,"url":"\/18.2-87\/"},{"id":78938,"section_number":"18.2-87.1","catch_line":"Setting off chemical bombs capable of producing smoke in certain public buildings","order_by":null,"url":"\/18.2-87.1\/"},{"id":76729,"section_number":"18.2-88","catch_line":"Carelessly damaging property by fire","order_by":null,"url":"\/18.2-88\/"},{"id":67235,"section_number":"18.2-89","catch_line":"Burglary; how punished","order_by":null,"url":"\/18.2-89\/"},{"id":60995,"section_number":"18.2-90","catch_line":"Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty","order_by":null,"url":"\/18.2-90\/"},{"id":55574,"section_number":"18.2-91","catch_line":"Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony","order_by":null,"url":"\/18.2-91\/"},{"id":87070,"section_number":"18.2-92","catch_line":"Breaking and entering dwelling house with intent to commit other misdemeanor","order_by":null,"url":"\/18.2-92\/"},{"id":77775,"section_number":"18.2-93","catch_line":"Entering bank, armed, with intent to commit larceny","order_by":null,"url":"\/18.2-93\/"},{"id":78519,"section_number":"18.2-94","catch_line":"Possession of burglarious tools, etc","order_by":null,"url":"\/18.2-94\/"},{"id":66912,"section_number":"19.2-182.2","catch_line":"Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation","order_by":null,"url":"\/19.2-182.2\/"},{"id":73119,"section_number":"37.2-917","catch_line":"Escape of persons committed; penalty","order_by":null,"url":"\/37.2-917\/"},{"id":83418,"section_number":"4.1-1101","catch_line":"Home cultivation of marijuana for personal use; penalties","order_by":null,"url":"\/4.1-1101\/"},{"id":60787,"section_number":"53.1-203","catch_line":"Felonies by prisoners; penalties","order_by":null,"url":"\/53.1-203\/"},{"id":62462,"section_number":"9.1-901","catch_line":"Persons for whom registration required","order_by":null,"url":"\/9.1-901\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"}],"permalink":{"id":170491,"object_type":"law","relational_id":61280,"identifier":"19.2-392.02","token":"19.2\/23\/19.2-392.02","url":"\/19.2-392.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392.02\/","token":"19.2\/23\/19.2-392.02","dublin_core":{"Title":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Barrier crime” means (i) a felony<\/span> violation of § 16.1-253.2<\/a>; any violation of § 18.2-31<\/a>, 18.2-32<\/a>, 18.2-32.1<\/a>, 18.2-32.2<\/a>, 18.2-33<\/a>, 18.2-35<\/a>, 18.2-36<\/a>, 18.2-36.1<\/a>, 18.2-36.2<\/a>, 18.2-41<\/a>, or 18.2-42<\/a>; any felony<\/span> violation of § 18.2-46.2<\/a>, 18.2-46.3<\/a>, 18.2-46.3:1<\/a>, or 18.2-46.3:3<\/a>; any violation of § 18.2-46.5<\/a>, 18.2-46.6<\/a>, or 18.2-46.7<\/a>; any violation of subsection A or B of § 18.2-47<\/a>; any violation of § 18.2-48<\/a>, 18.2-49<\/a>, or 18.2-50.3<\/a>; any violation of § 18.2-51<\/a>, 18.2-51.1<\/a>, 18.2-51.2<\/a>, 18.2-51.3<\/a>, 18.2-51.4<\/a>, 18.2-51.5<\/a>, 18.2-51.6<\/a>, 18.2-52<\/a>, 18.2-52.1<\/a>, 18.2-53<\/a>, 18.2-53.1<\/a>, 18.2-54.1<\/a>, 18.2-54.2<\/a>, 18.2-55<\/a>, 18.2-55.1<\/a>, 18.2-56<\/a>, 18.2-56.1<\/a>, 18.2-56.2<\/a>, 18.2-57<\/a>, 18.2-57.01<\/a>, 18.2-57.02<\/a>, 18.2-57.2<\/a>, 18.2-58<\/a>, 18.2-58.1<\/a>, 18.2-59<\/a>, 18.2-60<\/a>, or 18.2-60.1<\/a>; any felony<\/span> violation of § 18.2-60.3<\/a> or 18.2-60.4<\/a>; any violation of § 18.2-61<\/a>, 18.2-63<\/a>, 18.2-64.1<\/a>, 18.2-64.2<\/a>, 18.2-67.1<\/a>, 18.2-67.2<\/a>, 18.2-67.3<\/a>, 18.2-67.4<\/a>, 18.2-67.4:1<\/a>, 18.2-67.4:2<\/a>, 18.2-67.5<\/a>, 18.2-67.5:1<\/a>, 18.2-67.5:2<\/a>, 18.2-67.5:3<\/a>, 18.2-77<\/a>, 18.2-79<\/a>, 18.2-80<\/a>, 18.2-81<\/a>, 18.2-82<\/a>, 18.2-83<\/a>, 18.2-84<\/a>, 18.2-85<\/a>, 18.2-86<\/a>, 18.2-87<\/a>, 18.2-87.1<\/a>, or 18.2-88<\/a>; any felony<\/span> violation of § 18.2-279<\/a>, 18.2-280<\/a>, 18.2-281<\/a>, 18.2-282<\/a>, 18.2-282.1<\/a>, 18.2-286.1<\/a>, or 18.2-287.2<\/a>; any violation of § 18.2-289<\/a>, 18.2-290<\/a>, 18.2-300<\/a>, 18.2-308.4<\/a>, or 18.2-314<\/a>; any felony<\/span> violation of § 18.2-346.01<\/a>, 18.2-348<\/a>, or 18.2-349<\/a>; any violation of § 18.2-355<\/a>, 18.2-356<\/a>, 18.2-357<\/a>, or 18.2-357.1<\/a>; any violation of subsection B of § 18.2-361<\/a>; any violation of § 18.2-366<\/a>, 18.2-369<\/a>, 18.2-370<\/a>, 18.2-370.1<\/a>, 18.2-370.2<\/a>, 18.2-370.3<\/a>, 18.2-370.4<\/a>, 18.2-370.5<\/a>, 18.2-370.6<\/a>, 18.2-371.1<\/a>, 18.2-374.1<\/a>, 18.2-374.1:1<\/a>, 18.2-374.3<\/a>, 18.2-374.4<\/a>, 18.2-379<\/a>, 18.2-386.1<\/a>, or 18.2-386.2<\/a>; any felony<\/span> violation of § 18.2-405<\/a> or 18.2-406<\/a>; any violation of § 18.2-408<\/a>, 18.2-413<\/a>, 18.2-414<\/a>, 18.2-423<\/a>, 18.2-423.01<\/a>, 18.2-423.1<\/a>, 18.2-423.2<\/a>, 18.2-433.2<\/a>, 18.2-472.1<\/a>, 18.2-474.1<\/a>, 18.2-477<\/a>, 18.2-477.1<\/a>, 18.2-477.2<\/a>, 18.2-478<\/a>, 18.2-479<\/a>, 18.2-480<\/a>, 18.2-481<\/a>, 18.2-484<\/a>, 18.2-485<\/a>, 37.2-917<\/a>, or 53.1-203<\/a>; or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>; (ii) any violation of § 18.2-89<\/a>, 18.2-90<\/a>, 18.2-91<\/a>, 18.2-92<\/a>, 18.2-93<\/a>, or 18.2-94<\/a> or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>; (iii) any felony<\/span> violation of § 4.1-1101<\/a>, 18.2-248<\/a>, 18.2-248.01<\/a>, 18.2-248.02<\/a>, 18.2-248.03<\/a>, 18.2-248.1<\/a>, 18.2-248.5<\/a>, 18.2-251.2<\/a>, 18.2-251.3<\/a>, 18.2-255<\/a>, 18.2-255.2<\/a>, 18.2-258<\/a>, 18.2-258.02<\/a>, 18.2-258.1<\/a>, or 18.2-258.2<\/a> or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>; (iv) any felony<\/span> violation of § 18.2-250<\/a> or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>; (v) any offense<\/span> set forth in § 9.1-902<\/a> that results in the person’s requirement to register with the Sex Offender and Crimes<\/span> Against Minors<\/span> Registry pursuant to § 9.1-901<\/a>, including any finding<\/span> that a person is not guilty by reason of insanity<\/span> in accordance with Chapter 11.1 (§ 19.2-182.2<\/a> et seq.) of Title 19.2 of an offense<\/span> set forth in § 9.1-902<\/a> that results in the person’s requirement to register with the Sex Offender and Crimes<\/span> Against Minors<\/span> Registry pursuant to § 9.1-901<\/a>; any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>; or any offense<\/span> for which registration in a sex offender and crimes<\/span> against minors<\/span> registry is required under the laws<\/span> of the jurisdiction<\/span> where the offender was convicted; or (vi) any other felony<\/span> not included in clause (i), (ii), (iii), (iv), or (v) unless five years have elapsed from the date of the conviction<\/span>.\n\t\t\t“Barrier crime information<\/span>” means the following facts<\/span> concerning a person who has been arrested for, or has been convicted of, a barrier crime, regardless of whether the person was a juvenile or adult at the time of the arrest<\/span> or conviction<\/span>: full name, race, sex, date of birth, height, weight, fingerprints, a brief<\/span> description of the barrier crime or offenses<\/span> for which the person has been arrested or has been convicted, the disposition<\/span> of the charge, and any other information that may be useful in identifying persons arrested for or convicted of a barrier crime.\n\t\t\t“Care<\/span>” means the provision of care<\/span>, treatment, education, training, instruction, supervision, or recreation to children or the elderly or disabled.\n\t\t\t“Department<\/span>” means the Department<\/span> of State Police.\n\t\t\t“Employed by<\/span>” means any person who is employed by<\/span>, volunteers for, seeks to be employed by<\/span>, or seeks to volunteer for a qualified entity<\/span>.\n\t\t\t“Identification document<\/span>” means a document made or issued by or under the authority of the United States government, a state, a political subdivision of a state, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization that, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.\n\t\t\t“Provider<\/span>” means a person who (i) is employed by<\/span> a qualified entity<\/span> and has, seeks to have, or may have unsupervised access to a child or to an elderly or disabled person to whom the qualified entity<\/span> provides care<\/span>; (ii) is a volunteer of a qualified entity<\/span> and has, seeks to have, or may have unsupervised access to a child to whom the qualified entity<\/span> provides care<\/span>; or (iii) owns, operates, or seeks to own or operate a qualified entity<\/span>.\n\t\t\t“Qualified entity<\/span>” means a business or organization that provides care<\/span> to children or the elderly or disabled, whether governmental, private, for profit, nonprofit, or voluntary, except organizations exempt pursuant to subdivision A 7 of § 22.1-289.030<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A qualified entity<\/span> may request the Department<\/span> of State Police to conduct a national criminal background check on any provider<\/span> who is employed by<\/span> such entity. No qualified entity<\/span> may request a national criminal background check on a provider<\/span> until such provider<\/span> has: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Been fingerprinted; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Completed and signed a statement, furnished by the entity, that includes (i) his name, address, and date of birth as it appears on a valid identification document<\/span>; (ii) a disclosure of whether or not the provider<\/span> has ever been convicted of or is the subject of pending charges for a criminal offense<\/span> within or outside the Commonwealth, and if the provider<\/span> has been convicted of a crime, a description of the crime and the particulars of the conviction<\/span>; (iii) a notice to the provider<\/span> that the entity may request a background check; (iv) a notice to the provider<\/span> that he is entitled to obtain a copy of any background check report, to challenge the accuracy and completeness of any information contained in any such report, and to obtain a prompt determination as to the validity of such challenge before a final determination is made by the Department<\/span>; and (v) a notice to the provider<\/span> that prior to the completion of the background check the qualified entity<\/span> may choose to deny the provider<\/span> unsupervised access to children or the elderly or disabled for whom the qualified entity<\/span> provides care<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt of (i) a qualified entity<\/span>’s written request to conduct a background check on a provider<\/span>, (ii) the provider<\/span>’s fingerprints, and (iii) a completed, signed statement as described in subsection B, the Department<\/span> shall make a determination whether the provider<\/span> has been convicted of or is the subject of charges of a barrier crime. To conduct its determination regarding the provider<\/span>’s barrier crime information<\/span>, the Department<\/span> shall access the national criminal history background check system, which is maintained by the Federal Bureau of Investigation and is based on fingerprints and other methods of identification, and shall access the Central Criminal Records Exchange maintained by the Department<\/span>. If the Department<\/span> receives a background report lacking disposition<\/span> data, the Department<\/span> shall conduct research in whatever state and local recordkeeping systems are available in order<\/span> to obtain complete data. The Department<\/span> shall make reasonable efforts to respond to a qualified entity<\/span>’s inquiry within 15 business days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any background check conducted pursuant to this section for a provider<\/span> employed by<\/span> a private entity shall be screened by the Department<\/span> of State Police. If the provider<\/span> has been convicted of or is under indictment<\/span> for a barrier crime, the qualified entity<\/span> shall be notified that the provider<\/span> is not qualified to work or volunteer in a position that involves unsupervised access to children or the elderly or disabled. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any background check conducted pursuant to this section for a provider<\/span> employed by<\/span> a governmental entity shall be provided to that entity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In the case of a provider<\/span> who desires to volunteer at a qualified entity<\/span> and who is subject to a national criminal background check, the Department<\/span> and the Federal Bureau of Investigation may each charge the provider<\/span> the lesser of $18 or the actual cost to the entity of the background check conducted with the fingerprints. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The failure to request a criminal background check pursuant to subsection B shall not be considered negligence<\/span> per se in any civil action<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNATIONAL CRIMINAL BACKGROUND CHECKS BY BUSINESSES AND ORGANIZATIONS REGARDING\nEMPLOYEES OR VOLUNTEERS PROVIDING CARE TO CHILDREN OR THE ELDERLY OR DISABLED\n(\u00a7 19.2-392.02)\n\nA. For purposes of this section:\n\t\t\t“Barrier crime” means (i) a felony violation of §\n16.1-253.2; any violation of § 18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2,\n18.2-33, 18.2-35, 18.2-36, 18.2-36.1, 18.2-36.2, 18.2-41, or 18.2-42; any felony\nviolation of § 18.2-46.2, 18.2-46.3, 18.2-46.3:1, or 18.2-46.3:3; any\nviolation of § 18.2-46.5, 18.2-46.6, or 18.2-46.7; any violation of\nsubsection A or B of § 18.2-47; any violation of § 18.2-48, 18.2-49,\nor 18.2-50.3; any violation of § 18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3,\n18.2-51.4, 18.2-51.5, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1,\n18.2-54.1, 18.2-54.2, 18.2-55, 18.2-55.1, 18.2-56, 18.2-56.1, 18.2-56.2,\n18.2-57, 18.2-57.01, 18.2-57.02, 18.2-57.2, 18.2-58, 18.2-58.1, 18.2-59,\n18.2-60, or 18.2-60.1; any felony violation of § 18.2-60.3 or 18.2-60.4;\nany violation of § 18.2-61, 18.2-63, 18.2-64.1, 18.2-64.2, 18.2-67.1,\n18.2-67.2, 18.2-67.3, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-67.5,\n18.2-67.5:1, 18.2-67.5:2, 18.2-67.5:3, 18.2-77, 18.2-79, 18.2-80, 18.2-81,\n18.2-82, 18.2-83, 18.2-84, 18.2-85, 18.2-86, 18.2-87, 18.2-87.1, or 18.2-88; any\nfelony violation of § 18.2-279, 18.2-280, 18.2-281, 18.2-282, 18.2-282.1,\n18.2-286.1, or 18.2-287.2; any violation of § 18.2-289, 18.2-290, 18.2-300,\n18.2-308.4, or 18.2-314; any felony violation of § 18.2-346.01, 18.2-348,\nor 18.2-349; any violation of § 18.2-355, 18.2-356, 18.2-357, or\n18.2-357.1; any violation of subsection B of § 18.2-361; any violation of\n§ 18.2-366, 18.2-369, 18.2-370, 18.2-370.1, 18.2-370.2, 18.2-370.3,\n18.2-370.4, 18.2-370.5, 18.2-370.6, 18.2-371.1, 18.2-374.1, 18.2-374.1:1,\n18.2-374.3, 18.2-374.4, 18.2-379, 18.2-386.1, or 18.2-386.2; any felony\nviolation of § 18.2-405 or 18.2-406; any violation of § 18.2-408,\n18.2-413, 18.2-414, 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2, 18.2-433.2,\n18.2-472.1, 18.2-474.1, 18.2-477, 18.2-477.1, 18.2-477.2, 18.2-478, 18.2-479,\n18.2-480, 18.2-481, 18.2-484, 18.2-485, 37.2-917, or 53.1-203; or any\nsubstantially similar offense under the laws of another jurisdiction; (ii) any\nviolation of § 18.2-89, 18.2-90, 18.2-91, 18.2-92, 18.2-93, or 18.2-94 or\nany substantially similar offense under the laws of another jurisdiction; (iii)\nany felony violation of § 4.1-1101, 18.2-248, 18.2-248.01, 18.2-248.02,\n18.2-248.03, 18.2-248.1, 18.2-248.5, 18.2-251.2, 18.2-251.3, 18.2-255,\n18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, or 18.2-258.2 or any\nsubstantially similar offense under the laws of another jurisdiction; (iv) any\nfelony violation of § 18.2-250 or any substantially similar offense under\nthe laws of another jurisdiction; (v) any offense set forth in § 9.1-902\nthat results in the person’s requirement to register with the Sex Offender\nand Crimes Against Minors Registry pursuant to § 9.1-901, including any\nfinding that a person is not guilty by reason of insanity in accordance with\nChapter 11.1 (§ 19.2-182.2 et seq.) of Title 19.2 of an offense set forth\nin § 9.1-902 that results in the person’s requirement to register\nwith the Sex Offender and Crimes Against Minors Registry pursuant to §\n9.1-901; any substantially similar offense under the laws of another\njurisdiction; or any offense for which registration in a sex offender and crimes\nagainst minors registry is required under the laws of the jurisdiction where the\noffender was convicted; or (vi) any other felony not included in clause (i),\n(ii), (iii), (iv), or (v) unless five years have elapsed from the date of the\nconviction.\n\t\t\t“Barrier crime information” means the following facts concerning\na person who has been arrested for, or has been convicted of, a barrier crime,\nregardless of whether the person was a juvenile or adult at the time of the\narrest or conviction: full name, race, sex, date of birth, height, weight,\nfingerprints, a brief description of the barrier crime or offenses for which the\nperson has been arrested or has been convicted, the disposition of the charge,\nand any other information that may be useful in identifying persons arrested for\nor convicted of a barrier crime.\n\t\t\t“Care” means the provision of care, treatment, education,\ntraining, instruction, supervision, or recreation to children or the elderly or\ndisabled.\n\t\t\t“Department” means the Department of State Police.\n\t\t\t“Employed by” means any person who is employed by, volunteers\nfor, seeks to be employed by, or seeks to volunteer for a qualified entity.\n\t\t\t“Identification document” means a document made or issued by or\nunder the authority of the United States government, a state, a political\nsubdivision of a state, a foreign government, political subdivision of a foreign\ngovernment, an international governmental or an international quasi-governmental\norganization that, when completed with information concerning a particular\nindividual, is of a type intended or commonly accepted for the purpose of\nidentification of individuals.\n\t\t\t“Provider” means a person who (i) is employed by a qualified\nentity and has, seeks to have, or may have unsupervised access to a child or to\nan elderly or disabled person to whom the qualified entity provides care; (ii)\nis a volunteer of a qualified entity and has, seeks to have, or may have\nunsupervised access to a child to whom the qualified entity provides care; or\n(iii) owns, operates, or seeks to own or operate a qualified entity.\n\t\t\t“Qualified entity” means a business or organization that provides\ncare to children or the elderly or disabled, whether governmental, private, for\nprofit, nonprofit, or voluntary, except organizations exempt pursuant to\nsubdivision A 7 of § 22.1-289.030.\n\nB. A qualified entity may request the Department of State Police to conduct a\nnational criminal background check on any provider who is employed by such\nentity. No qualified entity may request a national criminal background check on\na provider until such provider has:\n\n 1. Been fingerprinted; and\n\n 2. Completed and signed a statement, furnished by the entity, that includes\n (i) his name, address, and date of birth as it appears on a valid\n identification document; (ii) a disclosure of whether or not the provider has\n ever been convicted of or is the subject of pending charges for a criminal\n offense within or outside the Commonwealth, and if the provider has been\n convicted of a crime, a description of the crime and the particulars of the\n conviction; (iii) a notice to the provider that the entity may request a\n background check; (iv) a notice to the provider that he is entitled to obtain\n a copy of any background check report, to challenge the accuracy and\n completeness of any information contained in any such report, and to obtain a\n prompt determination as to the validity of such challenge before a final\n determination is made by the Department; and (v) a notice to the provider that\n prior to the completion of the background check the qualified entity may\n choose to deny the provider unsupervised access to children or the elderly or\n disabled for whom the qualified entity provides care.\n\nC. Upon receipt of (i) a qualified entity’s written request to conduct a\nbackground check on a provider, (ii) the provider’s fingerprints, and\n(iii) a completed, signed statement as described in subsection B, the Department\nshall make a determination whether the provider has been convicted of or is the\nsubject of charges of a barrier crime. To conduct its determination regarding\nthe provider’s barrier crime information, the Department shall access the\nnational criminal history background check system, which is maintained by the\nFederal Bureau of Investigation and is based on fingerprints and other methods\nof identification, and shall access the Central Criminal Records Exchange\nmaintained by the Department. If the Department receives a background report\nlacking disposition data, the Department shall conduct research in whatever\nstate and local recordkeeping systems are available in order to obtain complete\ndata. The Department shall make reasonable efforts to respond to a qualified\nentity’s inquiry within 15 business days.\n\nD. Any background check conducted pursuant to this section for a provider\nemployed by a private entity shall be screened by the Department of State\nPolice. If the provider has been convicted of or is under indictment for a\nbarrier crime, the qualified entity shall be notified that the provider is not\nqualified to work or volunteer in a position that involves unsupervised access\nto children or the elderly or disabled.\n\nE. Any background check conducted pursuant to this section for a provider\nemployed by a governmental entity shall be provided to that entity.\n\nF. In the case of a provider who desires to volunteer at a qualified entity and\nwho is subject to a national criminal background check, the Department and the\nFederal Bureau of Investigation may each charge the provider the lesser of $18\nor the actual cost to the entity of the background check conducted with the\nfingerprints.\n\nG. The failure to request a criminal background check pursuant to subsection B\nshall not be considered negligence per se in any civil action.\n\nHISTORY: 2000, c. 860; 2005, c. 217; 2015, cc. 758, 770; 2017, c. 809; 2018, cc.\n9, 810; 2019, c. 617; 2020, cc. 860, 861; 2021, Sp. Sess. I, cc. 188, 550, 551.","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}}