{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3121.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3121.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3121.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3121.html"}],"law_id":65431,"edition_id":1,"section_id":65431,"structure_id":15407,"section_number":"2.2-3121","catch_line":"Advisory opinions","history":"1987, Sp. Sess., c. 1, \u00a7 2.1-639.18; 2001, c. 844; 2003, c. 694; 2014, cc. 792, 804; 2015, cc. 763, 777; 2016, c. 665; 2017, cc. 829, 832.","full_text":"A\n\nA state officer or employee shall not be prosecuted for a knowing violation of this chapter if the alleged violation resulted from his good faith reliance on a written opinion of the Attorney General or a formal opinion or written informal advice of the Council made in response to his written request for such opinion or advice and the opinion or advice was made after a full disclosure of the facts regardless of whether such opinion or advice is later withdrawn provided the alleged violation occurred prior to the withdrawal of the opinion or advice.B\n\nA local officer or employee shall not be prosecuted for a knowing violation of this chapter if the alleged violation resulted from his good faith reliance on a written opinion of the attorney for the Commonwealth or a formal opinion or written informal advice of the Council made in response to his written request for such opinion or advice and the opinion or advice was made after a full disclosure of the facts regardless of whether such opinion or advice is later withdrawn, provided that the alleged violation occurred prior to the withdrawal of the opinion or advice. The written opinion of the attorney for the Commonwealth shall be a public record and shall be released upon request.C\n\nIf any officer or employee serving at the local level of government is charged with a knowing violation of this chapter, and the alleged violation resulted from his reliance upon a written opinion of his county, city, or town attorney, made after a full disclosure of the facts, that such action was not in violation of this chapter, then the officer or employee shall have the right to introduce a copy of the opinion at his trial as evidence that he did not knowingly violate this chapter.","order_by":null,"text":{"0":{"id":237900,"text":"A state officer or employee shall not be prosecuted for a knowing violation of this chapter if the alleged violation resulted from his good faith reliance on a written opinion of the Attorney General or a formal opinion or written informal advice of the Council made in response to his written request for such opinion or advice and the opinion or advice was made after a full disclosure of the facts regardless of whether such opinion or advice is later withdrawn provided the alleged violation occurred prior to the withdrawal of the opinion or advice.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":237901,"text":"A local officer or employee shall not be prosecuted for a knowing violation of this chapter if the alleged violation resulted from his good faith reliance on a written opinion of the attorney for the Commonwealth or a formal opinion or written informal advice of the Council made in response to his written request for such opinion or advice and the opinion or advice was made after a full disclosure of the facts regardless of whether such opinion or advice is later withdrawn, provided that the alleged violation occurred prior to the withdrawal of the opinion or advice. The written opinion of the attorney for the Commonwealth shall be a public record and shall be released upon request.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":237902,"text":"If any officer or employee serving at the local level of government is charged with a knowing violation of this chapter, and the alleged violation resulted from his reliance upon a written opinion of his county, city, or town attorney, made after a full disclosure of the facts, that such action was not in violation of this chapter, then the officer or employee shall have the right to introduce a copy of the opinion at his trial as evidence that he did not knowingly violate this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15407,"edition_id":1,"name":"Penalties and Remedies","identifier":"7","label":"article","depth":5,"order_by":1,"parent_id":14113,"metadata":{},"date_created":"2026-06-26 03:54:42","date_modified":"2026-06-26 03:54:42","permalink":{"id":176165,"object_type":"structure","relational_id":15407,"identifier":"7","token":"2.2\/I\/E\/31\/7","url":"\/2.2\/I\/E\/31\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14113,"edition_id":1,"name":"State and Local Government Conflict of Interests Act","identifier":"31","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:46:54","date_modified":"2026-06-26 03:46:54","permalink":{"id":176023,"object_type":"structure","relational_id":14113,"identifier":"31","token":"2.2\/I\/E\/31","url":"\/2.2\/I\/E\/31\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68925,"structure_id":15407,"section_number":"2.2-3120","catch_line":"Knowing violation of chapter a misdemeanor","url":"\/2.2-3120\/","token":"2.2\/I\/E\/31\/7\/2.2-3120","metadata":false},{"id":65431,"structure_id":15407,"section_number":"2.2-3121","catch_line":"Advisory opinions","url":"\/2.2-3121\/","token":"2.2\/I\/E\/31\/7\/2.2-3121","metadata":false},{"id":72453,"structure_id":15407,"section_number":"2.2-3122","catch_line":"Knowing violation of chapter constitutes malfeasance in office or employment","url":"\/2.2-3122\/","token":"2.2\/I\/E\/31\/7\/2.2-3122","metadata":false},{"id":86218,"structure_id":15407,"section_number":"2.2-3123","catch_line":"Invalidation of contract; recision of sales","url":"\/2.2-3123\/","token":"2.2\/I\/E\/31\/7\/2.2-3123","metadata":false},{"id":72846,"structure_id":15407,"section_number":"2.2-3124","catch_line":"Civil penalty from violation of this chapter","url":"\/2.2-3124\/","token":"2.2\/I\/E\/31\/7\/2.2-3124","metadata":false},{"id":77536,"structure_id":15407,"section_number":"2.2-3125","catch_line":"Limitation of actions","url":"\/2.2-3125\/","token":"2.2\/I\/E\/31\/7\/2.2-3125","metadata":false},{"id":61816,"structure_id":15407,"section_number":"2.2-3126","catch_line":"Enforcement","url":"\/2.2-3126\/","token":"2.2\/I\/E\/31\/7\/2.2-3126","metadata":false},{"id":58676,"structure_id":15407,"section_number":"2.2-3127","catch_line":"Venue","url":"\/2.2-3127\/","token":"2.2\/I\/E\/31\/7\/2.2-3127","metadata":false}],"previous_section":{"id":68925,"structure_id":15407,"section_number":"2.2-3120","catch_line":"Knowing violation of chapter a misdemeanor","url":"\/2.2-3120\/","token":"2.2\/I\/E\/31\/7\/2.2-3120","metadata":false},"next_section":{"id":72453,"structure_id":15407,"section_number":"2.2-3122","catch_line":"Knowing violation of chapter constitutes malfeasance in office or employment","url":"\/2.2-3122\/","token":"2.2\/I\/E\/31\/7\/2.2-3122","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3121\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. 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 2001, chapter 844<\/a>; in 2003, chapter 694<\/a>; in 2014, chapters 792<\/a> and 804<\/a>; in 2015, chapters 763<\/a> and 777<\/a>; in 2016, chapter 665<\/a>; in 2017, chapters 829<\/a> and 832<\/a>.<\/p>","references":[{"id":85544,"section_number":"2.2-3104","catch_line":"Prohibited conduct for certain officers and employees of state government","order_by":null,"url":"\/2.2-3104\/"},{"id":61753,"section_number":"30-356","catch_line":"Powers and duties of the Council","order_by":null,"url":"\/30-356\/"}],"refers_to":false,"permalink":{"id":176171,"object_type":"law","relational_id":65431,"identifier":"2.2-3121","token":"2.2\/I\/E\/31\/7\/2.2-3121","url":"\/2.2-3121\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3121\/","token":"2.2\/I\/E\/31\/7\/2.2-3121","dublin_core":{"Title":"Advisory opinions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3121","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A state officer<\/span> or employee<\/span> shall not be prosecuted for a knowing violation of this chapter if the alleged violation resulted from his good faith reliance on a written opinion<\/span> of the Attorney General<\/span> or a formal opinion<\/span> or written informal advice of the Council<\/span> made in response to his written request for such opinion<\/span> or advice and the opinion<\/span> or advice was made after a full disclosure of the facts<\/span> regardless of whether such opinion<\/span> or advice is later withdrawn provided the alleged violation occurred prior to the withdrawal of the opinion<\/span> or advice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A local officer<\/span> or employee<\/span> shall not be prosecuted for a knowing violation of this chapter if the alleged violation resulted from his good faith reliance on a written opinion<\/span> of the attorney for the Commonwealth or a formal opinion<\/span> or written informal advice of the Council<\/span> made in response to his written request for such opinion<\/span> or advice and the opinion<\/span> or advice was made after a full disclosure of the facts<\/span> regardless of whether such opinion<\/span> or advice is later withdrawn, provided that the alleged violation occurred prior to the withdrawal of the opinion<\/span> or advice. The written opinion<\/span> of the attorney for the Commonwealth shall be a public record and shall be released upon request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If any officer<\/span> or employee<\/span> serving at the local level of government is charged with a knowing violation of this chapter, and the alleged violation resulted from his reliance upon a written opinion<\/span> of his county, city, or town attorney, made after a full disclosure of the facts<\/span>, that such action was not in violation of this chapter, then the officer<\/span> or employee<\/span> shall have the right to introduce a copy of the opinion<\/span> at his trial<\/span> as evidence<\/span> that he did not knowingly violate this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADVISORY OPINIONS (\u00a7 2.2-3121)\n\nA. A state officer or employee shall not be prosecuted for a knowing violation\nof this chapter if the alleged violation resulted from his good faith reliance\non a written opinion of the Attorney General or a formal opinion or written\ninformal advice of the Council made in response to his written request for such\nopinion or advice and the opinion or advice was made after a full disclosure of\nthe facts regardless of whether such opinion or advice is later withdrawn\nprovided the alleged violation occurred prior to the withdrawal of the opinion\nor advice.\n\nB. A local officer or employee shall not be prosecuted for a knowing violation\nof this chapter if the alleged violation resulted from his good faith reliance\non a written opinion of the attorney for the Commonwealth or a formal opinion or\nwritten informal advice of the Council made in response to his written request\nfor such opinion or advice and the opinion or advice was made after a full\ndisclosure of the facts regardless of whether such opinion or advice is later\nwithdrawn, provided that the alleged violation occurred prior to the withdrawal\nof the opinion or advice. The written opinion of the attorney for the\nCommonwealth shall be a public record and shall be released upon request.\n\nC. If any officer or employee serving at the local level of government is\ncharged with a knowing violation of this chapter, and the alleged violation\nresulted from his reliance upon a written opinion of his county, city, or town\nattorney, made after a full disclosure of the facts, that such action was not in\nviolation of this chapter, then the officer or employee shall have the right to\nintroduce a copy of the opinion at his trial as evidence that he did not\nknowingly violate this chapter.\n\nHISTORY: 1987, Sp. Sess., c. 1, \u00a7 2.1-639.18; 2001, c. 844; 2003, c. 694; 2014,\ncc. 792, 804; 2015, cc. 763, 777; 2016, c. 665; 2017, cc. 829, 832.","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}}