{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-9.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-9.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-9.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-9.1.html"}],"law_id":56249,"edition_id":1,"section_id":56249,"structure_id":14432,"section_number":"19.2-9.1","catch_line":"Written notice required for complaining witness who is requested to take polygraph test","history":"1994, c. 336; 2008, cc. 512, 748.","full_text":"A\n\nFor offenses not specified in subsection B, if a complaining witness is requested to submit to a polygraph examination during the course of a criminal investigation, such witness shall be informed in writing prior to the examination that (i) the examination is voluntary, (ii) the results thereof are inadmissible as evidence and (iii) the agreement of the complaining witness to submit thereto shall not be the sole condition for initiating or continuing the criminal investigation.B\n\nNo law-enforcement officer, attorney for the Commonwealth, or other government official shall ask or require a victim of an alleged sex offense to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an offense. If a victim is requested to submit to a polygraph examination during the course of a criminal investigation, such victim shall be informed in writing of the provisions of subsection A and that the refusal of a victim to submit to such an examination shall not prevent the investigation, charging, or prosecution of the offense.C\n\nA &#8220;sex offense,&#8221; for the purposes of this section, shall mean any offense set forth in Article 7 (&#xA7; 18.2-61 et seq.) of Chapter 4 of Title 18.2.","order_by":null,"text":{"0":{"id":206021,"text":"For offenses not specified in subsection B, if a complaining witness is requested to submit to a polygraph examination during the course of a criminal investigation, such witness shall be informed in writing prior to the examination that (i) the examination is voluntary, (ii) the results thereof are inadmissible as evidence and (iii) the agreement of the complaining witness to submit thereto shall not be the sole condition for initiating or continuing the criminal investigation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206022,"text":"No law-enforcement officer, attorney for the Commonwealth, or other government official shall ask or require a victim of an alleged sex offense to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an offense. If a victim is requested to submit to a polygraph examination during the course of a criminal investigation, such victim shall be informed in writing of the provisions of subsection A and that the refusal of a victim to submit to such an examination shall not prevent the investigation, charging, or prosecution of the offense.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206023,"text":"A &#8220;sex offense,&#8221; for the purposes of this section, shall mean any offense set forth in Article 7 (&#xA7; 18.2-61 et seq.) of Chapter 4 of Title 18.2.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14432,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:07","date_modified":"2026-06-26 03:48:07","permalink":{"id":168171,"object_type":"structure","relational_id":14432,"identifier":"1","token":"19.2\/1","url":"\/19.2\/1\/","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":63715,"structure_id":14432,"section_number":"19.2-1","catch_line":"Repealing clause","url":"\/19.2-1\/","token":"19.2\/1\/19.2-1","metadata":false},{"id":85785,"structure_id":14432,"section_number":"19.2-10","catch_line":"Outlawry abolished","url":"\/19.2-10\/","token":"19.2\/1\/19.2-10","metadata":false},{"id":55795,"structure_id":14432,"section_number":"19.2-10.1","catch_line":"(Effective July 1, 2026) Subpoena duces tecum for obtaining records concerning banking and credit cards","url":"\/19.2-10.1\/","token":"19.2\/1\/19.2-10.1","metadata":false},{"id":87357,"structure_id":14432,"section_number":"19.2-10.2","catch_line":"Administrative subpoena issued for record from provider of electronic communication service or remote computing service","url":"\/19.2-10.2\/","token":"19.2\/1\/19.2-10.2","metadata":false},{"id":80864,"structure_id":14432,"section_number":"19.2-10.3","catch_line":"Reasonable suspicion required to stop, board, or inspect a noncommercial vessel on navigable waters of the Commonwealth","url":"\/19.2-10.3\/","token":"19.2\/1\/19.2-10.3","metadata":false},{"id":74594,"structure_id":14432,"section_number":"19.2-10.4","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","url":"\/19.2-10.4\/","token":"19.2\/1\/19.2-10.4","metadata":false},{"id":84111,"structure_id":14432,"section_number":"19.2-11","catch_line":"Procedure in contempt cases","url":"\/19.2-11\/","token":"19.2\/1\/19.2-11","metadata":false},{"id":83936,"structure_id":14432,"section_number":"19.2-2","catch_line":"Effect of repeal of Title 19.1 and enactment of this title","url":"\/19.2-2\/","token":"19.2\/1\/19.2-2","metadata":false},{"id":58240,"structure_id":14432,"section_number":"19.2-3","catch_line":"Certain notices, recognizances and processes validated","url":"\/19.2-3\/","token":"19.2\/1\/19.2-3","metadata":false},{"id":84637,"structure_id":14432,"section_number":"19.2-3.1","catch_line":"Personal appearance by two-way electronic video and audio communication; standards","url":"\/19.2-3.1\/","token":"19.2\/1\/19.2-3.1","metadata":false},{"id":70830,"structure_id":14432,"section_number":"19.2-4","catch_line":"References to former sections, articles or chapters of Titles 18.1 and 19.1","url":"\/19.2-4\/","token":"19.2\/1\/19.2-4","metadata":false},{"id":67384,"structure_id":14432,"section_number":"19.2-5","catch_line":"Meaning of certain terms","url":"\/19.2-5\/","token":"19.2\/1\/19.2-5","metadata":false},{"id":87210,"structure_id":14432,"section_number":"19.2-6","catch_line":"Appointive power of circuit courts","url":"\/19.2-6\/","token":"19.2\/1\/19.2-6","metadata":false},{"id":63248,"structure_id":14432,"section_number":"19.2-7","catch_line":"Rewards for arrest of persons convicted of or charged with offenses; rewards for conviction of unknown offenders","url":"\/19.2-7\/","token":"19.2\/1\/19.2-7","metadata":false},{"id":71434,"structure_id":14432,"section_number":"19.2-8","catch_line":"Limitation of prosecutions","url":"\/19.2-8\/","token":"19.2\/1\/19.2-8","metadata":false},{"id":87384,"structure_id":14432,"section_number":"19.2-8.1","catch_line":"Prosecution for murder or manslaughter; passage of time not a limitation","url":"\/19.2-8.1\/","token":"19.2\/1\/19.2-8.1","metadata":false},{"id":66117,"structure_id":14432,"section_number":"19.2-9","catch_line":"Prosecution of certain criminal cases removed from state to federal courts; costs","url":"\/19.2-9\/","token":"19.2\/1\/19.2-9","metadata":false},{"id":56249,"structure_id":14432,"section_number":"19.2-9.1","catch_line":"Written notice required for complaining witness who is requested to take polygraph test","url":"\/19.2-9.1\/","token":"19.2\/1\/19.2-9.1","metadata":false}],"previous_section":{"id":66117,"structure_id":14432,"section_number":"19.2-9","catch_line":"Prosecution of certain criminal cases removed from state to federal courts; costs","url":"\/19.2-9\/","token":"19.2\/1\/19.2-9","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-9.1\/","history_text":"<p>This law was first created in 1994. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0336\">336<\/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 1 time. 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. That modification is as follows: in 2008, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0512\">512<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0748\">748<\/a>.<\/p>","references":[{"id":85012,"section_number":"9.1-1301","catch_line":"Sexual assault policies for law-enforcement agencies in the Commonwealth; memoranda of understanding with institutions of higher education","order_by":null,"url":"\/9.1-1301\/"}],"refers_to":[{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"}],"permalink":{"id":168241,"object_type":"law","relational_id":56249,"identifier":"19.2-9.1","token":"19.2\/1\/19.2-9.1","url":"\/19.2-9.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-9.1\/","token":"19.2\/1\/19.2-9.1","dublin_core":{"Title":"Written notice required for complaining witness who is requested to take polygraph test","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-9.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> For <span class=\"dictionary\">offenses<\/span> not specified in subsection B, if a complaining <span class=\"dictionary\">witness<\/span> is requested to submit to a polygraph examination during the course of a criminal investigation, such <span class=\"dictionary\">witness<\/span> shall be informed in writing prior to the examination that (i) the examination is voluntary, (ii) the results thereof are inadmissible as <span class=\"dictionary\">evidence<\/span> and (iii) the agreement of the complaining <span class=\"dictionary\">witness<\/span> to submit thereto shall not be the sole condition for initiating or continuing the criminal investigation. <a id=\"paragraph-206021\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-9.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> No <span class=\"dictionary\">law<\/span>-enforcement officer, attorney for the Commonwealth, or other government official shall ask or require a victim of an alleged sex <span class=\"dictionary\">offense<\/span> to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an <span class=\"dictionary\">offense<\/span>. If a victim is requested to submit to a polygraph examination during the course of a criminal investigation, such victim shall be informed in writing of the provisions of subsection A and that the refusal of a victim to submit to such an examination shall not prevent the investigation, charging, or <span class=\"dictionary\">prosecution<\/span> of the <span class=\"dictionary\">offense<\/span>. <a id=\"paragraph-206022\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-9.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> A &#8220;sex <span class=\"dictionary\">offense<\/span>,&#8221; for the purposes of this section, shall mean any <span class=\"dictionary\">offense<\/span> set forth in Article 7 (&#xA7; <a class=\"law\" title=\"Rape\" href=\"\/18.2-61\/\">18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2. <a id=\"paragraph-206023\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-9.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nWRITTEN NOTICE REQUIRED FOR COMPLAINING WITNESS WHO IS REQUESTED TO TAKE\nPOLYGRAPH TEST (\u00a7 19.2-9.1)\n\nA. For offenses not specified in subsection B, if a complaining witness is\nrequested to submit to a polygraph examination during the course of a criminal\ninvestigation, such witness shall be informed in writing prior to the\nexamination that (i) the examination is voluntary, (ii) the results thereof are\ninadmissible as evidence and (iii) the agreement of the complaining witness to\nsubmit thereto shall not be the sole condition for initiating or continuing the\ncriminal investigation.\n\nB. No law-enforcement officer, attorney for the Commonwealth, or other\ngovernment official shall ask or require a victim of an alleged sex offense to\nsubmit to a polygraph examination or other truth-telling device as a condition\nfor proceeding with the investigation of such an offense. If a victim is\nrequested to submit to a polygraph examination during the course of a criminal\ninvestigation, such victim shall be informed in writing of the provisions of\nsubsection A and that the refusal of a victim to submit to such an examination\nshall not prevent the investigation, charging, or prosecution of the offense.\n\nC. A &#8220;sex offense,&#8221; for the purposes of this section, shall mean any\noffense set forth in Article 7 (&#xA7; 18.2-61 et seq.) of Chapter 4 of Title\n18.2.\n\nHISTORY: 1994, c. 336; 2008, cc. 512, 748.","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}}