{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-104.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-104.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-104.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-104.1.html"}],"law_id":75177,"edition_id":1,"section_id":75177,"structure_id":16358,"section_number":"63.2-104.1","catch_line":"Confidentiality of records of persons receiving domestic and sexual violence services","history":"2006, c. 135; 2016, cc. 666, 670.","full_text":"A\n\nIn order to ensure the safety of adult and child victims of domestic violence, dating violence, sexual assault, or stalking, or victims of a violation of § 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1, and their families, programs and individuals providing services to such victims shall protect the confidentiality and privacy of persons receiving services.B\n\nExcept as provided in subsections C and D, programs and individuals providing services to victims of domestic violence, dating violence, sexual assault, or stalking, or victims of a violation of \u00a7 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1, shall not:1\n\nDisclose any personally identifying information or individual information collected in connection with services requested, utilized, or denied through programs for victims of domestic violence, dating violence, sexual assault, or stalking, or victims of a violation of § 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1; or2\n\nReveal individual client information without the informed, written, reasonably time-limited consent of the person about whom information is sought; the minor and his parent or legal guardian, in cases in which the client is an unemancipated minor; or the guardian of an incapacitated person as defined in § 64.2-2000, whether for this program or any other Federal, State, tribal, or territorial grant program. However, consent for release may not be given by the abuser or alleged abuser of the minor or incapacitated person, or the abuser or alleged abuser of the other parent of the minor.C\n\nIf release of information described in subsection B is compelled by statutory or court mandate, the program or individual providing services shall:1\n\nMake reasonable attempts to provide notice to victims affected by the disclosure of information; and2\n\nTake steps necessary to protect the privacy and safety of the persons affected by the release of the information.D\n\nPrograms and individuals providing services to victims of domestic violence, dating violence, sexual assault, or stalking, or victims of a violation of \u00a7 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1, may share:1\n\nNonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection requirements;2\n\nCourt generated information and law-enforcement generated information contained in secure, governmental registries for protection order enforcement purposes; and3\n\nInformation necessary for law enforcement and prosecution purposes.\n\t\t\t\tFor purposes of this section, “programs” shall include public and not-for-profit agencies the primary mission of which is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking, or victims of a violation of § 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1.E\n\nFor the purposes of this section, a person may be a victim of domestic violence, dating violence, sexual assault, or stalking, or a victim of a violation of § 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1, regardless of whether any person has been charged with or convicted of any offense.","order_by":null,"text":{"0":{"id":269942,"text":"In order to ensure the safety of adult and child victims of domestic violence, dating violence, sexual assault, or stalking, or victims of a violation of § 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1, and their families, programs and individuals providing services to such victims shall protect the confidentiality and privacy of persons receiving services.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269943,"text":"Except as provided in subsections C and D, programs and individuals providing services to victims of domestic violence, dating violence, sexual assault, or stalking, or victims of a violation of \u00a7 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1, shall not:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":269944,"text":"Disclose any personally identifying information or individual information collected in connection with services requested, utilized, or denied through programs for victims of domestic violence, dating violence, sexual assault, or stalking, or victims of a violation of § 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":269945,"text":"Reveal individual client information without the informed, written, reasonably time-limited consent of the person about whom information is sought; the minor and his parent or legal guardian, in cases in which the client is an unemancipated minor; or the guardian of an incapacitated person as defined in § 64.2-2000, whether for this program or any other Federal, State, tribal, or territorial grant program. However, consent for release may not be given by the abuser or alleged abuser of the minor or incapacitated person, or the abuser or alleged abuser of the other parent of the minor.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":269946,"text":"If release of information described in subsection B is compelled by statutory or court mandate, the program or individual providing services shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"5":{"id":269947,"text":"Make reasonable attempts to provide notice to victims affected by the disclosure of information; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":269948,"text":"Take steps necessary to protect the privacy and safety of the persons affected by the release of the information.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"7":{"id":269949,"text":"Programs and individuals providing services to victims of domestic violence, dating violence, sexual assault, or stalking, or victims of a violation of \u00a7 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1, may share:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"8":{"id":269950,"text":"Nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection requirements;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"9":{"id":269951,"text":"Court generated information and law-enforcement generated information contained in secure, governmental registries for protection order enforcement purposes; and","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"10":{"id":269952,"text":"Information necessary for law enforcement and prosecution purposes.\n\t\t\t\tFor purposes of this section, “programs” shall include public and not-for-profit agencies the primary mission of which is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking, or victims of a violation of § 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"11":{"id":269953,"text":"For the purposes of this section, a person may be a victim of domestic violence, dating violence, sexual assault, or stalking, or a victim of a violation of § 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1, regardless of whether any person has been charged with or convicted of any offense.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3"}},"ancestry":[{"id":16358,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":12790,"metadata":{},"date_created":"2026-06-26 04:14:55","date_modified":"2026-06-26 04:14:55","permalink":{"id":270665,"object_type":"structure","relational_id":16358,"identifier":"1","token":"63.2\/I\/1","url":"\/63.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12790,"edition_id":1,"name":"General Provisions Relating to Social Services","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270663,"object_type":"structure","relational_id":12790,"identifier":"I","token":"63.2\/I","url":"\/63.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","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":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72379,"structure_id":16358,"section_number":"63.2-100","catch_line":"Definitions","url":"\/63.2-100\/","token":"63.2\/I\/1\/63.2-100","metadata":false},{"id":82017,"structure_id":16358,"section_number":"63.2-100.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/63.2-100.1\/","token":"63.2\/I\/1\/63.2-100.1","metadata":false},{"id":68010,"structure_id":16358,"section_number":"63.2-101","catch_line":"Authority of Department to request and receive information from other agencies; use of information so obtained; provide access to information for medical assistance eligibility purposes","url":"\/63.2-101\/","token":"63.2\/I\/1\/63.2-101","metadata":false},{"id":72691,"structure_id":16358,"section_number":"63.2-102","catch_line":"Allowing access to records and information for public assistance programs and child support enforcement; penalty","url":"\/63.2-102\/","token":"63.2\/I\/1\/63.2-102","metadata":false},{"id":68267,"structure_id":16358,"section_number":"63.2-103","catch_line":"Confidential records and information concerning child support enforcement","url":"\/63.2-103\/","token":"63.2\/I\/1\/63.2-103","metadata":false},{"id":71351,"structure_id":16358,"section_number":"63.2-104","catch_line":"Confidential records and information concerning social services; penalty","url":"\/63.2-104\/","token":"63.2\/I\/1\/63.2-104","metadata":false},{"id":75177,"structure_id":16358,"section_number":"63.2-104.1","catch_line":"Confidentiality of records of persons receiving domestic and sexual violence services","url":"\/63.2-104.1\/","token":"63.2\/I\/1\/63.2-104.1","metadata":false},{"id":67203,"structure_id":16358,"section_number":"63.2-105","catch_line":"Confidential records and information concerning social services; child-protective services and child-placing agencies","url":"\/63.2-105\/","token":"63.2\/I\/1\/63.2-105","metadata":false},{"id":82118,"structure_id":16358,"section_number":"63.2-106","catch_line":"Failure to obey subpoena or charging illegal fees; penalty","url":"\/63.2-106\/","token":"63.2\/I\/1\/63.2-106","metadata":false}],"previous_section":{"id":71351,"structure_id":16358,"section_number":"63.2-104","catch_line":"Confidential records and information concerning social services; penalty","url":"\/63.2-104\/","token":"63.2\/I\/1\/63.2-104","metadata":false},"next_section":{"id":67203,"structure_id":16358,"section_number":"63.2-105","catch_line":"Confidential records and information concerning social services; child-protective services and child-placing agencies","url":"\/63.2-105\/","token":"63.2\/I\/1\/63.2-105","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-104.1\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 135<\/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 2016, chapters 666<\/a> and 670<\/a>.<\/p>","references":[{"id":56944,"section_number":"63.2-1612","catch_line":"Responsibilities of Department; domestic violence prevention and services","order_by":null,"url":"\/63.2-1612\/"}],"refers_to":[{"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":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":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"}],"permalink":{"id":270691,"object_type":"law","relational_id":75177,"identifier":"63.2-104.1","token":"63.2\/I\/1\/63.2-104.1","url":"\/63.2-104.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-104.1\/","token":"63.2\/I\/1\/63.2-104.1","dublin_core":{"Title":"Confidentiality of records of persons receiving domestic and sexual violence services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-104.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In order<\/span> to ensure the safety of adult and child<\/span> victims of domestic violence, dating violence, sexual assault<\/span>, or stalking, or victims of a violation of § 18.2-48<\/a>, 18.2-355<\/a>, 18.2-356<\/a>, 18.2-357<\/a>, or 18.2-357.1<\/a>, and their families, programs<\/span> and individuals providing services to such victims shall protect the confidentiality and privacy of persons receiving services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in subsections C and D, programs<\/span> and individuals providing services to victims of domestic violence, dating violence, sexual assault<\/span>, or stalking, or victims of a violation of \u00a7 18.2-48<\/a>, 18.2-355<\/a>, 18.2-356<\/a>, 18.2-357<\/a>, or 18.2-357.1<\/a>, shall not: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Disclose any personally identifying information or individual information collected in connection with services requested, utilized, or denied through programs<\/span> for victims of domestic violence, dating violence, sexual assault<\/span>, or stalking, or victims of a violation of § 18.2-48<\/a>, 18.2-355<\/a>, 18.2-356<\/a>, 18.2-357<\/a>, or 18.2-357.1<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Reveal individual client information without the informed, written, reasonably time-limited consent of the person about whom information is sought; the minor<\/span> and his parent or legal guardian, in cases in which the client is an unemancipated minor<\/span>; or the guardian of an incapacitated person as defined in § 64.2-2000<\/a>, whether for this program or any other Federal, State, tribal, or territorial grant program. However, consent for release may not be given by the abuser or alleged abuser of the minor<\/span> or incapacitated person, or the abuser or alleged abuser of the other parent of the minor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If release of information described in subsection B is compelled by statutory or court<\/span> mandate<\/span>, the program or individual providing services shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Make reasonable attempts to provide notice to victims affected by the disclosure of information; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Take steps necessary to protect the privacy and safety of the persons affected by the release of the information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Programs<\/span> and individuals providing services to victims of domestic violence, dating violence, sexual assault<\/span>, or stalking, or victims of a violation of \u00a7 18.2-48<\/a>, 18.2-355<\/a>, 18.2-356<\/a>, 18.2-357<\/a>, or 18.2-357.1<\/a>, may share: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order<\/span> to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection requirements; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Court<\/span> generated information and law<\/span>-enforcement generated information contained in secure, governmental registries for protection order<\/span> enforcement purposes; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Information necessary for law<\/span> enforcement and prosecution<\/span> purposes.\n\t\t\t\tFor purposes of this section, “programs<\/span>” shall include public and not-for-profit agencies the primary mission of which is to provide services to victims of domestic violence, dating violence, sexual assault<\/span>, or stalking, or victims of a violation of § 18.2-48<\/a>, 18.2-355<\/a>, 18.2-356<\/a>, 18.2-357<\/a>, or 18.2-357.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> For the purposes of this section, a person may be a victim of domestic violence, dating violence, sexual assault<\/span>, or stalking, or a victim of a violation of § 18.2-48<\/a>, 18.2-355<\/a>, 18.2-356<\/a>, 18.2-357<\/a>, or 18.2-357.1<\/a>, regardless of whether any person has been charged with or convicted of any offense<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIALITY OF RECORDS OF PERSONS RECEIVING DOMESTIC AND SEXUAL VIOLENCE\nSERVICES (\u00a7 63.2-104.1)\n\nA. In order to ensure the safety of adult and child victims of domestic\nviolence, dating violence, sexual assault, or stalking, or victims of a\nviolation of § 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1, and\ntheir families, programs and individuals providing services to such victims\nshall protect the confidentiality and privacy of persons receiving services.\n\nB. Except as provided in subsections C and D, programs and individuals providing\nservices to victims of domestic violence, dating violence, sexual assault, or\nstalking, or victims of a violation of \u00a7 18.2-48, 18.2-355, 18.2-356, 18.2-357,\nor 18.2-357.1, shall not:\n\n 1. Disclose any personally identifying information or individual information\n collected in connection with services requested, utilized, or denied through\n programs for victims of domestic violence, dating violence, sexual assault, or\n stalking, or victims of a violation of § 18.2-48, 18.2-355, 18.2-356,\n 18.2-357, or 18.2-357.1; or\n\n 2. Reveal individual client information without the informed, written,\n reasonably time-limited consent of the person about whom information is\n sought; the minor and his parent or legal guardian, in cases in which the\n client is an unemancipated minor; or the guardian of an incapacitated person\n as defined in § 64.2-2000, whether for this program or any other Federal,\n State, tribal, or territorial grant program. However, consent for release may\n not be given by the abuser or alleged abuser of the minor or incapacitated\n person, or the abuser or alleged abuser of the other parent of the minor.\n\nC. If release of information described in subsection B is compelled by statutory\nor court mandate, the program or individual providing services shall:\n\n 1. Make reasonable attempts to provide notice to victims affected by the\n disclosure of information; and\n\n 2. Take steps necessary to protect the privacy and safety of the persons\n affected by the release of the information.\n\nD. Programs and individuals providing services to victims of domestic violence,\ndating violence, sexual assault, or stalking, or victims of a violation of \u00a7\n18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1, may share:\n\n 1. Nonpersonally identifying data in the aggregate regarding services to their\n clients and nonpersonally identifying demographic information in order to\n comply with Federal, State, tribal, or territorial reporting, evaluation, or\n data collection requirements;\n\n 2. Court generated information and law-enforcement generated information\n contained in secure, governmental registries for protection order enforcement\n purposes; and\n\n 3. Information necessary for law enforcement and prosecution purposes.\n \t\t\t\tFor purposes of this section, “programs” shall include public\n and not-for-profit agencies the primary mission of which is to provide\n services to victims of domestic violence, dating violence, sexual assault, or\n stalking, or victims of a violation of § 18.2-48, 18.2-355, 18.2-356,\n 18.2-357, or 18.2-357.1.\n\nE. For the purposes of this section, a person may be a victim of domestic\nviolence, dating violence, sexual assault, or stalking, or a victim of a\nviolation of § 18.2-48, 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1,\nregardless of whether any person has been charged with or convicted of any\noffense.\n\nHISTORY: 2006, c. 135; 2016, cc. 666, 670.","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}}