{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-902.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-902.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-902.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-902.html"}],"law_id":80819,"edition_id":1,"section_id":80819,"structure_id":14629,"section_number":"9.1-902","catch_line":"Offenses requiring registration","history":"2003, cc. 584, 732; 2004, cc. 414, 444; 2005, cc. 586, 603, 631; 2006, cc. 857, 875, 914, 931; 2007, cc. 463, 718, 759, 823; 2008, cc. 592, 747, 772, 877; 2010, c. 858; 2012, c. 243; 2013, cc. 750, 781; 2014, cc. 546, 649, 706; 2015, cc. 690, 691; 2016, c. 586; 2019, c. 617; 2020, cc. 389, 826, 829; 2021, Sp. Sess. I, c. 188.","full_text":"A\n\nFor purposes of this chapter:\n\t\t\t“Murder” means a violation of, attempted violation of, or conspiracy to violate \u00a7 18.2-31 or 18.2-32 where the victim is (i) under 15 years of age or (ii) where the victim is at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section or a violation of former \u00a7 18.1-21 where the victim is (a) under 15 years of age or (b) at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section.\n\t\t\t“Offense for which registration is required” includes:1\n\nAny Tier I, Tier II, or Tier III offense;2\n\nMurder;3\n\nAny offense similar to a Tier I, Tier II, or Tier III offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof; and4\n\nAny 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.\n\t\t\t\t“Tier I offense” means (i) any homicide in conjunction with a violation of, attempted violation of, or conspiracy to violate clause (i) of § 18.2-371 or § 18.2-371.1, when the offenses arise out of the same incident, or (ii) any violation of, attempted violation of, or conspiracy to violate:1\n\n§ 18.2-63 unless registration is required pursuant to subdivision 1 of the definition of Tier III offense; former § 18.2-67.2:1; § 18.2-90 with the intent to commit rape; former § 18.1-88 with the intent to commit rape; any former felony violation of § 18.2-346; any felony violation of § 18.2-346.01; any violation of subdivision (4) of § 18.2-355; any violation of subsection C of § 18.2-357.1; subsection B of § 18.2-374.1:1; former subsection D of § 18.2-374.1:1 as it was in effect from July 1, 1994, through June 30, 2007; former clause (iv) of subsection B of § 18.2-374.3 as it was in effect on June 30, 2007; subsection B of § 18.2-374.3; or a third or subsequent conviction of § 18.2-67.4, § 18.2-67.4:2, subsection C of § 18.2-67.5, § 18.2-386.1, or, if the offense was committed on or after July 1, 2020, § 18.2-386.2.\n\t\t\t\tIf the offense was committed on or after July 1, 2006, § 18.2-91 with the intent to commit any felony offense listed in this section; subsection A of § 18.2-374.1:1; or a felony under § 18.2-67.5:1.2\n\nWhere the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection A of § 18.2-47, clause (i) of § 18.2-48, § 18.2-67.4, subsection C of § 18.2-67.5, § 18.2-361, § 18.2-366, or a felony violation of former § 18.1-191.3\n\n§ 18.2-370.6.4\n\nIf the offense was committed on or after July 1, 2016, and where the perpetrator is 18 years of age or older and the victim is under the age of 13, any violation of § 18.2-51.2.5\n\nIf the offense was committed on or after July 1, 2016, any violation of § 18.2-356 punishable as a Class 3 felony or any violation of § 18.2-357 punishable as a Class 3 felony.6\n\nIf the offense was committed on or after July 1, 2019, any felony violation of § 18.2-348 or 18.2-349.\n\t\t\t\t“Tier II offense” means any violation of, attempted violation of, or conspiracy to violate § 18.2-64.1, subsection C of § 18.2-374.1:1, or subsection C, D, or E of § 18.2-374.3.\n\t\t\t\t“Tier III offense” means a violation of, attempted violation of, or conspiracy to violate:1\n\nClause (ii) and (iii) of § 18.2-48, former § 18.1-38 with the intent to defile or, for the purpose of concubinage or prostitution, a felony violation of subdivision (2) or (3) of former § 18.1-39 that involves assisting or aiding in such an abduction, § 18.2-61, former § 18.1-44 when such act is accomplished against the complaining witness’s will, by force, or through the use of the complaining witness’s mental incapacity or physical helplessness, or if the victim is under 13 years of age, subsection A of § 18.2-63 where the perpetrator is more than five years older than the victim, § 18.2-67.1, § 18.2-67.2, § 18.2-67.3, former § 18.1-215 when the complaining witness is under 13 years of age, § 18.2-67.4 where the perpetrator is 18 years of age or older and the victim is under the age of six, subsections A and B of § 18.2-67.5, § 18.2-370, subdivision (1), (2), or (4) of former § 18.1-213, former § 18.1-214, § 18.2-370.1, or § 18.2-374.1;2\n\n§ 18.2-63, § 18.2-64.1, former § 18.2-67.2:1, § 18.2-90 with the intent to commit rape or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection A of § 18.2-47, § 18.2-67.4, subsection C of § 18.2-67.5, clause (i) of § 18.2-48, § 18.2-361, § 18.2-366, or subsection C of § 18.2-374.1:1. An offense listed under this subdivision shall be deemed a Tier III offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that person had been at liberty between such convictions or adjudications;3\n\nIf the offense was committed on or after July 1, 2006, § 18.2-91 with the intent to commit any felony offense listed in this section. An offense listed under this subdivision shall be deemed a Tier III offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that the person had been at liberty between such convictions or adjudications; or4\n\nChapter 117 (18 U.S.C. § 2421 et seq.) of Title 18 of the United States Code or sex trafficking (as described in § 1591 of Title 18, U.S.C.).B\n\n“Tier I offense” as defined in this section, “Tier II offense” as defined in this section, “Tier III offense” as defined in this section, and “murder” as defined in this section includes any similar offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof.C\n\n1. Any offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof that is similar to (i) any Tier I, II, or III offense or (ii) murder as defined in this section shall require registration and reregistration in accordance with this chapter in a manner consistent with the registration and reregistration obligations imposed by the similar offense listed or defined in this section, unless such offense requires more stringent registration and reregistration obligations under the laws of the jurisdiction where the offender was convicted. In instances where more stringent registration and reregistration obligations are required under the laws of the jurisdiction where the offender was convicted, the offender shall register and reregister as required by this chapter in a manner most similar with the registration obligations imposed under the laws of the jurisdiction where the offender was convicted.2\n\nAny 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 shall require registration and reregistration in accordance with this chapter in the manner most similar with the registration and reregistration obligations imposed under the laws of the jurisdiction where the offender was convicted unless such offense is similar to (i) any Tier I, II, or III offense or (ii) murder as defined in this section and the registration and reregistration obligations imposed by the similar offense listed or defined in this section are more stringent than those registration and reregistration obligations imposed under the laws of the jurisdiction where the offender was convicted. In instances where the similar offense listed or defined in this section imposes more stringent registration and reregistration obligations, the offender shall register and reregister as required by this chapter in a manner consistent with the registration and reregistration obligations imposed by the similar offense listed or defined in this section.D\n\nJuveniles adjudicated delinquent shall not be required to register; however, where the offender is a juvenile over the age of 13 at the time of the offense who is tried as a juvenile and is adjudicated delinquent on or after July 1, 2005, of any offense for which registration is required, the court may, in its discretion and upon motion of the attorney for the Commonwealth, find that the circumstances of the offense require offender registration. In making its determination, the court shall consider all of the following factors that are relevant to the case: (i) the degree to which the delinquent act was committed with the use of force, threat, or intimidation, (ii) the age and maturity of the complaining witness, (iii) the age and maturity of the offender, (iv) the difference in the ages of the complaining witness and the offender, (v) the nature of the relationship between the complaining witness and the offender, (vi) the offender’s prior criminal history, and (vii) any other aggravating or mitigating factors relevant to the case. The attorney for the Commonwealth may file such a motion at any time during which the offender is within the jurisdiction of the court for the offense that is the basis for such motion. Prior to any hearing on such motion, the court shall appoint a qualified and competent attorney-at-law to represent the offender unless an attorney has been retained and appears on behalf of the offender or counsel has already been appointed.E\n\nPrior to entering judgment of conviction of an offense for which registration is required if the victim of the offense was a minor, physically helpless, or mentally incapacitated, when the indictment, warrant, or information does not allege that the victim of the offense was a minor, physically helpless, or mentally incapacitated, the court shall determine by a preponderance of the evidence whether the victim of the offense was a minor, physically helpless, or mentally incapacitated, as defined in § 18.2-67.10, and shall also determine the age of the victim at the time of the offense if it determines the victim to be a minor. When such a determination is required, the court shall advise the defendant of its determination and of the defendant’s right to make a motion to withdraw a plea of guilty or nolo contendere pursuant to § 19.2-296. If the court grants the defendant’s motion to withdraw his plea of guilty or of nolo contendere, his case shall be heard by another judge, unless the parties agree otherwise. Failure to make such determination or so advise the defendant does not otherwise invalidate the underlying conviction.","order_by":null,"text":{"0":{"id":289704,"text":"For purposes of this chapter:\n\t\t\t“Murder” means a violation of, attempted violation of, or conspiracy to violate \u00a7 18.2-31 or 18.2-32 where the victim is (i) under 15 years of age or (ii) where the victim is at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section or a violation of former \u00a7 18.1-21 where the victim is (a) under 15 years of age or (b) at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section.\n\t\t\t“Offense for which registration is required” includes:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":289705,"text":"Any Tier I, Tier II, or Tier III offense;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":289706,"text":"Murder;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":289707,"text":"Any offense similar to a Tier I, Tier II, or Tier III offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":289708,"text":"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.\n\t\t\t\t“Tier I offense” means (i) any homicide in conjunction with a violation of, attempted violation of, or conspiracy to violate clause (i) of § 18.2-371 or § 18.2-371.1, when the offenses arise out of the same incident, or (ii) any violation of, attempted violation of, or conspiracy to violate:","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A1"},"5":{"id":289709,"text":"§ 18.2-63 unless registration is required pursuant to subdivision 1 of the definition of Tier III offense; former § 18.2-67.2:1; § 18.2-90 with the intent to commit rape; former § 18.1-88 with the intent to commit rape; any former felony violation of § 18.2-346; any felony violation of § 18.2-346.01; any violation of subdivision (4) of § 18.2-355; any violation of subsection C of § 18.2-357.1; subsection B of § 18.2-374.1:1; former subsection D of § 18.2-374.1:1 as it was in effect from July 1, 1994, through June 30, 2007; former clause (iv) of subsection B of § 18.2-374.3 as it was in effect on June 30, 2007; subsection B of § 18.2-374.3; or a third or subsequent conviction of § 18.2-67.4, § 18.2-67.4:2, subsection C of § 18.2-67.5, § 18.2-386.1, or, if the offense was committed on or after July 1, 2020, § 18.2-386.2.\n\t\t\t\tIf the offense was committed on or after July 1, 2006, § 18.2-91 with the intent to commit any felony offense listed in this section; subsection A of § 18.2-374.1:1; or a felony under § 18.2-67.5:1.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A4","next_prefix":"A2"},"6":{"id":289710,"text":"Where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection A of § 18.2-47, clause (i) of § 18.2-48, § 18.2-67.4, subsection C of § 18.2-67.5, § 18.2-361, § 18.2-366, or a felony violation of former § 18.1-191.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"7":{"id":289711,"text":"§ 18.2-370.6.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"8":{"id":289712,"text":"If the offense was committed on or after July 1, 2016, and where the perpetrator is 18 years of age or older and the victim is under the age of 13, any violation of § 18.2-51.2.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"9":{"id":289713,"text":"If the offense was committed on or after July 1, 2016, any violation of § 18.2-356 punishable as a Class 3 felony or any violation of § 18.2-357 punishable as a Class 3 felony.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"10":{"id":289714,"text":"If the offense was committed on or after July 1, 2019, any felony violation of § 18.2-348 or 18.2-349.\n\t\t\t\t“Tier II offense” means any violation of, attempted violation of, or conspiracy to violate § 18.2-64.1, subsection C of § 18.2-374.1:1, or subsection C, D, or E of § 18.2-374.3.\n\t\t\t\t“Tier III offense” means a violation of, attempted violation of, or conspiracy to violate:","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A1"},"11":{"id":289715,"text":"Clause (ii) and (iii) of § 18.2-48, former § 18.1-38 with the intent to defile or, for the purpose of concubinage or prostitution, a felony violation of subdivision (2) or (3) of former § 18.1-39 that involves assisting or aiding in such an abduction, § 18.2-61, former § 18.1-44 when such act is accomplished against the complaining witness’s will, by force, or through the use of the complaining witness’s mental incapacity or physical helplessness, or if the victim is under 13 years of age, subsection A of § 18.2-63 where the perpetrator is more than five years older than the victim, § 18.2-67.1, § 18.2-67.2, § 18.2-67.3, former § 18.1-215 when the complaining witness is under 13 years of age, § 18.2-67.4 where the perpetrator is 18 years of age or older and the victim is under the age of six, subsections A and B of § 18.2-67.5, § 18.2-370, subdivision (1), (2), or (4) of former § 18.1-213, former § 18.1-214, § 18.2-370.1, or § 18.2-374.1;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A6","next_prefix":"A2"},"12":{"id":289716,"text":"§ 18.2-63, § 18.2-64.1, former § 18.2-67.2:1, § 18.2-90 with the intent to commit rape or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection A of § 18.2-47, § 18.2-67.4, subsection C of § 18.2-67.5, clause (i) of § 18.2-48, § 18.2-361, § 18.2-366, or subsection C of § 18.2-374.1:1. An offense listed under this subdivision shall be deemed a Tier III offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that person had been at liberty between such convictions or adjudications;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"13":{"id":289717,"text":"If the offense was committed on or after July 1, 2006, § 18.2-91 with the intent to commit any felony offense listed in this section. An offense listed under this subdivision shall be deemed a Tier III offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that the person had been at liberty between such convictions or adjudications; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"14":{"id":289718,"text":"Chapter 117 (18 U.S.C. § 2421 et seq.) of Title 18 of the United States Code or sex trafficking (as described in § 1591 of Title 18, U.S.C.).","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"15":{"id":289719,"text":"“Tier I offense” as defined in this section, “Tier II offense” as defined in this section, “Tier III offense” as defined in this section, and “murder” as defined in this section includes any similar offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"16":{"id":289720,"text":"1. Any offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof that is similar to (i) any Tier I, II, or III offense or (ii) murder as defined in this section shall require registration and reregistration in accordance with this chapter in a manner consistent with the registration and reregistration obligations imposed by the similar offense listed or defined in this section, unless such offense requires more stringent registration and reregistration obligations under the laws of the jurisdiction where the offender was convicted. In instances where more stringent registration and reregistration obligations are required under the laws of the jurisdiction where the offender was convicted, the offender shall register and reregister as required by this chapter in a manner most similar with the registration obligations imposed under the laws of the jurisdiction where the offender was convicted.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"17":{"id":289721,"text":"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 shall require registration and reregistration in accordance with this chapter in the manner most similar with the registration and reregistration obligations imposed under the laws of the jurisdiction where the offender was convicted unless such offense is similar to (i) any Tier I, II, or III offense or (ii) murder as defined in this section and the registration and reregistration obligations imposed by the similar offense listed or defined in this section are more stringent than those registration and reregistration obligations imposed under the laws of the jurisdiction where the offender was convicted. In instances where the similar offense listed or defined in this section imposes more stringent registration and reregistration obligations, the offender shall register and reregister as required by this chapter in a manner consistent with the registration and reregistration obligations imposed by the similar offense listed or defined in this section.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"D"},"18":{"id":289722,"text":"Juveniles adjudicated delinquent shall not be required to register; however, where the offender is a juvenile over the age of 13 at the time of the offense who is tried as a juvenile and is adjudicated delinquent on or after July 1, 2005, of any offense for which registration is required, the court may, in its discretion and upon motion of the attorney for the Commonwealth, find that the circumstances of the offense require offender registration. In making its determination, the court shall consider all of the following factors that are relevant to the case: (i) the degree to which the delinquent act was committed with the use of force, threat, or intimidation, (ii) the age and maturity of the complaining witness, (iii) the age and maturity of the offender, (iv) the difference in the ages of the complaining witness and the offender, (v) the nature of the relationship between the complaining witness and the offender, (vi) the offender’s prior criminal history, and (vii) any other aggravating or mitigating factors relevant to the case. The attorney for the Commonwealth may file such a motion at any time during which the offender is within the jurisdiction of the court for the offense that is the basis for such motion. Prior to any hearing on such motion, the court shall appoint a qualified and competent attorney-at-law to represent the offender unless an attorney has been retained and appears on behalf of the offender or counsel has already been appointed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"19":{"id":289723,"text":"Prior to entering judgment of conviction of an offense for which registration is required if the victim of the offense was a minor, physically helpless, or mentally incapacitated, when the indictment, warrant, or information does not allege that the victim of the offense was a minor, physically helpless, or mentally incapacitated, the court shall determine by a preponderance of the evidence whether the victim of the offense was a minor, physically helpless, or mentally incapacitated, as defined in § 18.2-67.10, and shall also determine the age of the victim at the time of the offense if it determines the victim to be a minor. When such a determination is required, the court shall advise the defendant of its determination and of the defendant’s right to make a motion to withdraw a plea of guilty or nolo contendere pursuant to § 19.2-296. If the court grants the defendant’s motion to withdraw his plea of guilty or of nolo contendere, his case shall be heard by another judge, unless the parties agree otherwise. Failure to make such determination or so advise the defendant does not otherwise invalidate the underlying conviction.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14629,"edition_id":1,"name":"Sex Offender and Crimes Against Minors Registry Act","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:48:59","date_modified":"2026-06-26 03:48:59","permalink":{"id":285491,"object_type":"structure","relational_id":14629,"identifier":"9","token":"9.1\/9","url":"\/9.1\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12896,"edition_id":1,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284487,"object_type":"structure","relational_id":12896,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69731,"structure_id":14629,"section_number":"9.1-900","catch_line":"Purpose of the Sex Offender and Crimes Against Minors Registry","url":"\/9.1-900\/","token":"9.1\/9\/9.1-900","metadata":false},{"id":62462,"structure_id":14629,"section_number":"9.1-901","catch_line":"Persons for whom registration required","url":"\/9.1-901\/","token":"9.1\/9\/9.1-901","metadata":false},{"id":80819,"structure_id":14629,"section_number":"9.1-902","catch_line":"Offenses requiring registration","url":"\/9.1-902\/","token":"9.1\/9\/9.1-902","metadata":false},{"id":85831,"structure_id":14629,"section_number":"9.1-903","catch_line":"Registration and reregistration procedures","url":"\/9.1-903\/","token":"9.1\/9\/9.1-903","metadata":false},{"id":71228,"structure_id":14629,"section_number":"9.1-904","catch_line":"Periodic verification","url":"\/9.1-904\/","token":"9.1\/9\/9.1-904","metadata":false},{"id":65175,"structure_id":14629,"section_number":"9.1-905","catch_line":"New residents and nonresident offenders; registration required","url":"\/9.1-905\/","token":"9.1\/9\/9.1-905","metadata":false},{"id":56730,"structure_id":14629,"section_number":"9.1-906","catch_line":"Enrollment or employment at institution of higher education; information required","url":"\/9.1-906\/","token":"9.1\/9\/9.1-906","metadata":false},{"id":80633,"structure_id":14629,"section_number":"9.1-906.1","catch_line":"Emergency shelters; notification; registration","url":"\/9.1-906.1\/","token":"9.1\/9\/9.1-906.1","metadata":false},{"id":84820,"structure_id":14629,"section_number":"9.1-907","catch_line":"Procedures upon a failure to register, reregister, or verify registration information","url":"\/9.1-907\/","token":"9.1\/9\/9.1-907","metadata":false},{"id":62941,"structure_id":14629,"section_number":"9.1-908","catch_line":"Duration of registration requirement","url":"\/9.1-908\/","token":"9.1\/9\/9.1-908","metadata":false},{"id":82464,"structure_id":14629,"section_number":"9.1-909","catch_line":"Relief from registration, reregistration, or verification","url":"\/9.1-909\/","token":"9.1\/9\/9.1-909","metadata":false},{"id":56177,"structure_id":14629,"section_number":"9.1-910","catch_line":"Removal of name and information from Registry","url":"\/9.1-910\/","token":"9.1\/9\/9.1-910","metadata":false},{"id":65270,"structure_id":14629,"section_number":"9.1-911","catch_line":"Registry maintenance","url":"\/9.1-911\/","token":"9.1\/9\/9.1-911","metadata":false},{"id":63939,"structure_id":14629,"section_number":"9.1-912","catch_line":"Registry access and dissemination; 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penalty","url":"\/9.1-918\/","token":"9.1\/9\/9.1-918","metadata":false},{"id":73428,"structure_id":14629,"section_number":"9.1-919","catch_line":"Notice of penalty on forms and documents","url":"\/9.1-919\/","token":"9.1\/9\/9.1-919","metadata":false},{"id":82050,"structure_id":14629,"section_number":"9.1-920","catch_line":"Liberal construction","url":"\/9.1-920\/","token":"9.1\/9\/9.1-920","metadata":false},{"id":67842,"structure_id":14629,"section_number":"9.1-921","catch_line":"Exemption of information systems from provisions related to the Virginia Information Technologies Agency","url":"\/9.1-921\/","token":"9.1\/9\/9.1-921","metadata":false},{"id":60979,"structure_id":14629,"section_number":"9.1-922","catch_line":"Use of Registry data by Statewide Automated Victim Notification (SAVIN) system; confidentiality","url":"\/9.1-922\/","token":"9.1\/9\/9.1-922","metadata":false},{"id":69509,"structure_id":14629,"section_number":"9.1-923","catch_line":"Supplement to the Sex Offender and Crimes Against Minors Registry established","url":"\/9.1-923\/","token":"9.1\/9\/9.1-923","metadata":false}],"previous_section":{"id":62462,"structure_id":14629,"section_number":"9.1-901","catch_line":"Persons for whom registration required","url":"\/9.1-901\/","token":"9.1\/9\/9.1-901","metadata":false},"next_section":{"id":85831,"structure_id":14629,"section_number":"9.1-903","catch_line":"Registration and reregistration procedures","url":"\/9.1-903\/","token":"9.1\/9\/9.1-903","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-902\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapters 584<\/a> and 732<\/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 13 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 2004, chapters 414<\/a> and 444<\/a>; in 2005, chapters 586<\/a>, 603<\/a>, and 631<\/a>; in 2006, chapters 857<\/a>, 875<\/a>, 914<\/a>, and 931<\/a>; in 2007, chapters 463<\/a>, 718<\/a>, 759<\/a>, and 823<\/a>; in 2008, chapters 592<\/a>, 747<\/a>, 772<\/a>, and 877<\/a>; in 2010, chapter 858<\/a>; in 2012, chapter 243<\/a>; in 2013, chapters 750<\/a> and 781<\/a>; in 2014, chapters 546<\/a>, 649<\/a>, and 706<\/a>; in 2015, chapters 690<\/a> and 691<\/a>; in 2016, chapter 586<\/a>; in 2019, chapter 617<\/a>; in 2020, chapters 389<\/a>, 826<\/a>, and 829<\/a>.<\/p>","references":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":85373,"section_number":"18.2-348.1","catch_line":"Promoting travel for prostitution; penalty","order_by":null,"url":"\/18.2-348.1\/"},{"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":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":82582,"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","order_by":null,"url":"\/19.2-390\/"},{"id":61280,"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","order_by":null,"url":"\/19.2-392.02\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":56012,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","order_by":null,"url":"\/19.2-70.3\/"},{"id":78541,"section_number":"19.2-83.1","catch_line":"Report of arrest of school employees and adult students for certain offenses","order_by":null,"url":"\/19.2-83.1\/"},{"id":60670,"section_number":"22.1-289.041","catch_line":"Sex offender or child abuser prohibited from operating or residing in family day home; penalty","order_by":null,"url":"\/22.1-289.041\/"},{"id":64861,"section_number":"24.2-231","catch_line":"Forfeiture of office by person sentenced for commission of certain crimes","order_by":null,"url":"\/24.2-231\/"},{"id":77623,"section_number":"46.2-2011.33","catch_line":"Prohibition on taxicab operators; registered sex offender","order_by":null,"url":"\/46.2-2011.33\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":84468,"section_number":"63.2-1205.1","catch_line":"Certain offenders prohibited from adopting a child","order_by":null,"url":"\/63.2-1205.1\/"},{"id":69022,"section_number":"63.2-1503","catch_line":"Local departments to establish child-protective services; duties","order_by":null,"url":"\/63.2-1503\/"},{"id":77537,"section_number":"63.2-1506","catch_line":"Family assessments by local departments","order_by":null,"url":"\/63.2-1506\/"},{"id":62462,"section_number":"9.1-901","catch_line":"Persons for whom registration required","order_by":null,"url":"\/9.1-901\/"},{"id":85831,"section_number":"9.1-903","catch_line":"Registration and reregistration procedures","order_by":null,"url":"\/9.1-903\/"}],"refers_to":[{"id":79946,"section_number":"18.2-31","catch_line":"Aggravated murder defined; 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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":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":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":66060,"section_number":"18.2-371","catch_line":"Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant","order_by":null,"url":"\/18.2-371\/"},{"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":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; 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A.<\/span> For purposes of this chapter:\n\t\t\t“Murder<\/span>” means a violation of, attempted violation of, or conspiracy to violate \u00a7 18.2-31<\/a> or 18.2-32<\/a> where the victim is (i) under 15 years of age or (ii) where the victim is at least 15 years of age but under 18 years of age and the murder<\/span> is related to an offense<\/span> listed in this section or a violation of former \u00a7 18.1-21 where the victim is (a) under 15 years of age or (b) at least 15 years of age but under 18 years of age and the murder<\/span> is related to an offense<\/span> listed in this section.\n\t\t\t“Offense<\/span> for which registration is required” includes: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any Tier I, Tier II, or Tier III offense<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Murder<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any offense similar to a Tier I, Tier II, or Tier III offense<\/span> under the laws<\/span> of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any offense 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.\n\t\t\t\t“Tier I offense<\/span>” means (i) any homicide<\/span> in conjunction with a violation of, attempted violation of, or conspiracy to violate clause (i) of § 18.2-371<\/a> or § 18.2-371.1<\/a>, when the offenses<\/span> arise out of the same incident, or (ii) any violation of, attempted violation of, or conspiracy to violate: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> § 18.2-63<\/a> unless registration is required pursuant to subdivision 1 of the definition of Tier III offense<\/span>; former § 18.2-67.2:1<\/a>; § 18.2-90<\/a> with the intent<\/span> to commit rape<\/span>; former § 18.1-88 with the intent<\/span> to commit rape<\/span>; any former felony<\/span> violation of § 18.2-346<\/a>; any felony<\/span> violation of § 18.2-346.01<\/a>; any violation of subdivision (4) of § 18.2-355<\/a>; any violation of subsection C of § 18.2-357.1<\/a>; subsection B of § 18.2-374.1:1<\/a>; former subsection D of § 18.2-374.1:1<\/a> as it was in effect from July 1, 1994, through June 30, 2007; former clause (iv) of subsection B of § 18.2-374.3<\/a> as it was in effect on June 30, 2007; subsection B of § 18.2-374.3<\/a>; or a third or subsequent conviction<\/span> of § 18.2-67.4<\/a>, § 18.2-67.4:2<\/a>, subsection C of § 18.2-67.5<\/a>, § 18.2-386.1<\/a>, or, if the offense was committed on or after July 1, 2020, § 18.2-386.2<\/a>.\n\t\t\t\tIf the offense was committed on or after July 1, 2006, § 18.2-91<\/a> with the intent<\/span> to commit any felony<\/span> offense listed in this section; subsection A of § 18.2-374.1:1<\/a>; or a felony<\/span> under § 18.2-67.5:1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Where the victim is a minor<\/span> or is physically helpless or mentally incapacitated as defined in § 18.2-67.10<\/a>, subsection A of § 18.2-47<\/a>, clause (i) of § 18.2-48<\/a>, § 18.2-67.4<\/a>, subsection C of § 18.2-67.5<\/a>, § 18.2-361<\/a>, § 18.2-366<\/a>, or a felony<\/span> violation of former § 18.1-191. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> § 18.2-370.6<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the offense was committed on or after July 1, 2016, and where the perpetrator is 18 years of age or older and the victim is under the age of 13, any violation of § 18.2-51.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If the offense was committed on or after July 1, 2016, any violation of § 18.2-356<\/a> punishable as a Class 3 felony<\/span> or any violation of § 18.2-357<\/a> punishable as a Class 3 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If the offense was committed on or after July 1, 2019, any felony<\/span> violation of § 18.2-348<\/a> or 18.2-349<\/a>.\n\t\t\t\t“Tier II offense<\/span>” means any violation of, attempted violation of, or conspiracy to violate § 18.2-64.1<\/a>, subsection C of § 18.2-374.1:1<\/a>, or subsection C, D, or E of § 18.2-374.3<\/a>.\n\t\t\t\t“Tier III offense<\/span>” means a violation of, attempted violation of, or conspiracy to violate: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Clause (ii) and (iii) of § 18.2-48<\/a>, former § 18.1-38 with the intent<\/span> to defile or, for the purpose of concubinage or prostitution, a felony<\/span> violation of subdivision (2) or (3) of former § 18.1-39 that involves assisting or aiding in such an abduction, § 18.2-61<\/a>, former § 18.1-44 when such act is accomplished against the complaining witness<\/span>’s will, by force, or through the use of the complaining witness<\/span>’s mental incapacity<\/span> or physical helplessness, or if the victim is under 13 years of age, subsection A of § 18.2-63<\/a> where the perpetrator is more than five years older than the victim, § 18.2-67.1<\/a>, § 18.2-67.2<\/a>, § 18.2-67.3<\/a>, former § 18.1-215 when the complaining witness<\/span> is under 13 years of age, § 18.2-67.4<\/a> where the perpetrator is 18 years of age or older and the victim is under the age of six, subsections A and B of § 18.2-67.5<\/a>, § 18.2-370<\/a>, subdivision (1), (2), or (4) of former § 18.1-213, former § 18.1-214, § 18.2-370.1<\/a>, or § 18.2-374.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> § 18.2-63<\/a>, § 18.2-64.1<\/a>, former § 18.2-67.2:1<\/a>, § 18.2-90<\/a> with the intent<\/span> to commit rape<\/span> or, where the victim is a minor<\/span> or is physically helpless or mentally incapacitated as defined in § 18.2-67.10<\/a>, subsection A of § 18.2-47<\/a>, § 18.2-67.4<\/a>, subsection C of § 18.2-67.5<\/a>, clause (i) of § 18.2-48<\/a>, § 18.2-361<\/a>, § 18.2-366<\/a>, or subsection C of § 18.2-374.1:1<\/a>. An offense listed under this subdivision shall be deemed a Tier III offense<\/span> only if the person has been convicted or adjudicated delinquent of any two or more such offenses<\/span>, provided that person had been at liberty between such convictions<\/span> or adjudications; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the offense was committed on or after July 1, 2006, § 18.2-91<\/a> with the intent<\/span> to commit any felony<\/span> offense listed in this section. An offense listed under this subdivision shall be deemed a Tier III offense<\/span> only if the person has been convicted or adjudicated delinquent of any two or more such offenses<\/span>, provided that the person had been at liberty between such convictions<\/span> or adjudications; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Chapter 117 (18 U.S.C. § 2421 et seq.) of Title 18 of the United States Code or sex trafficking (as described in § 1591 of Title 18, U.S.C.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> “Tier I offense<\/span>” as defined in this section, “Tier II offense<\/span>” as defined in this section, “Tier III offense<\/span>” as defined in this section, and “murder<\/span>” as defined in this section includes any similar offense under the laws<\/span> of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. Any offense under the laws<\/span> of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof that is similar to (i) any Tier I, II, or III offense or (ii) murder<\/span> as defined in this section shall require registration and reregistration in accordance with this chapter in a manner consistent with the registration and reregistration obligations imposed by the similar offense listed or defined in this section, unless such offense requires more stringent registration and reregistration obligations under the laws<\/span> of the jurisdiction<\/span> where the offender was convicted. In instances where more stringent registration and reregistration obligations are required under the laws<\/span> of the jurisdiction<\/span> where the offender was convicted, the offender shall register and reregister as required by this chapter in a manner most similar with the registration obligations imposed under the laws<\/span> of the jurisdiction<\/span> where the offender was convicted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any offense 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 shall require registration and reregistration in accordance with this chapter in the manner most similar with the registration and reregistration obligations imposed under the laws<\/span> of the jurisdiction<\/span> where the offender was convicted unless such offense is similar to (i) any Tier I, II, or III offense or (ii) murder<\/span> as defined in this section and the registration and reregistration obligations imposed by the similar offense listed or defined in this section are more stringent than those registration and reregistration obligations imposed under the laws<\/span> of the jurisdiction<\/span> where the offender was convicted. In instances where the similar offense listed or defined in this section imposes more stringent registration and reregistration obligations, the offender shall register and reregister as required by this chapter in a manner consistent with the registration and reregistration obligations imposed by the similar offense listed or defined in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Juveniles adjudicated delinquent shall not be required to register; however, where the offender is a juvenile over the age of 13 at the time of the offense who is tried as a juvenile and is adjudicated delinquent on or after July 1, 2005, of any offense for which registration is required, the court<\/span> may, in its discretion and upon motion<\/span> of the attorney for the Commonwealth, find that the circumstances of the offense require offender registration. In making its determination, the court<\/span> shall consider all of the following factors that are relevant to the case: (i) the degree to which the delinquent act was committed with the use of force, threat, or intimidation, (ii) the age and maturity of the complaining witness<\/span>, (iii) the age and maturity of the offender, (iv) the difference in the ages of the complaining witness<\/span> and the offender, (v) the nature of the relationship between the complaining witness<\/span> and the offender, (vi) the offender’s prior criminal history, and (vii) any other aggravating or mitigating factors relevant to the case. The attorney for the Commonwealth may file such a motion<\/span> at any time during which the offender is within the jurisdiction<\/span> of the court<\/span> for the offense that is the basis for such motion<\/span>. Prior to any hearing<\/span> on such motion<\/span>, the court<\/span> shall appoint a qualified and competent attorney-at-law<\/span> to represent the offender unless an attorney has been retained and appears on behalf of the offender or counsel<\/span> has already been appointed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Prior to entering judgment<\/span> of conviction<\/span> of an offense for which registration is required if the victim of the offense was a minor<\/span>, physically helpless, or mentally incapacitated, when the indictment<\/span>, warrant, or information does not allege that the victim of the offense was a minor<\/span>, physically helpless, or mentally incapacitated, the court<\/span> shall determine by a preponderance of the evidence<\/span> whether the victim of the offense was a minor<\/span>, physically helpless, or mentally incapacitated, as defined in § 18.2-67.10<\/a>, and shall also determine the age of the victim at the time of the offense if it determines the victim to be a minor<\/span>. When such a determination is required, the court<\/span> shall advise the defendant<\/span> of its determination and of the defendant<\/span>’s right to make a motion<\/span> to withdraw a plea<\/span> of guilty or nolo contendere<\/span> pursuant to § 19.2-296<\/a>. If the court<\/span> grants the defendant<\/span>’s motion<\/span> to withdraw his plea<\/span> of guilty or of nolo contendere<\/span>, his case shall be heard by another judge<\/span>, unless the parties agree otherwise. Failure to make such determination or so advise the defendant<\/span> does not otherwise invalidate the underlying conviction<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOFFENSES REQUIRING REGISTRATION (\u00a7 9.1-902)\n\nA. For purposes of this chapter:\n\t\t\t“Murder” means a violation of, attempted violation of, or\nconspiracy to violate \u00a7 18.2-31 or 18.2-32 where the victim is (i) under 15\nyears of age or (ii) where the victim is at least 15 years of age but under 18\nyears of age and the murder is related to an offense listed in this section or a\nviolation of former \u00a7 18.1-21 where the victim is (a) under 15 years of age or\n(b) at least 15 years of age but under 18 years of age and the murder is related\nto an offense listed in this section.\n\t\t\t“Offense for which registration is required” includes:\n\n 1. Any Tier I, Tier II, or Tier III offense;\n\n 2. Murder;\n\n 3. Any offense similar to a Tier I, Tier II, or Tier III offense under the\n laws of any foreign country or any political subdivision thereof or the United\n States or any political subdivision thereof; and\n\n 4. Any offense for which registration in a sex offender and crimes against\n minors registry is required under the laws of the jurisdiction where the\n offender was convicted.\n \t\t\t\t“Tier I offense” means (i) any homicide in conjunction with a\n violation of, attempted violation of, or conspiracy to violate clause (i) of\n § 18.2-371 or § 18.2-371.1, when the offenses arise out of the same\n incident, or (ii) any violation of, attempted violation of, or conspiracy to\n violate:\n\n 1. § 18.2-63 unless registration is required pursuant to subdivision 1 of\n the definition of Tier III offense; former § 18.2-67.2:1; § 18.2-90\n with the intent to commit rape; former § 18.1-88 with the intent to\n commit rape; any former felony violation of § 18.2-346; any felony\n violation of § 18.2-346.01; any violation of subdivision (4) of §\n 18.2-355; any violation of subsection C of § 18.2-357.1; subsection B of\n § 18.2-374.1:1; former subsection D of § 18.2-374.1:1 as it was in\n effect from July 1, 1994, through June 30, 2007; former clause (iv) of\n subsection B of § 18.2-374.3 as it was in effect on June 30, 2007;\n subsection B of § 18.2-374.3; or a third or subsequent conviction of\n § 18.2-67.4, § 18.2-67.4:2, subsection C of § 18.2-67.5, §\n 18.2-386.1, or, if the offense was committed on or after July 1, 2020, §\n 18.2-386.2.\n \t\t\t\tIf the offense was committed on or after July 1, 2006, § 18.2-91 with\n the intent to commit any felony offense listed in this section; subsection A\n of § 18.2-374.1:1; or a felony under § 18.2-67.5:1.\n\n 2. Where the victim is a minor or is physically helpless or mentally\n incapacitated as defined in § 18.2-67.10, subsection A of § 18.2-47,\n clause (i) of § 18.2-48, § 18.2-67.4, subsection C of §\n 18.2-67.5, § 18.2-361, § 18.2-366, or a felony violation of former\n § 18.1-191.\n\n 3. § 18.2-370.6.\n\n 4. If the offense was committed on or after July 1, 2016, and where the\n perpetrator is 18 years of age or older and the victim is under the age of 13,\n any violation of § 18.2-51.2.\n\n 5. If the offense was committed on or after July 1, 2016, any violation of\n § 18.2-356 punishable as a Class 3 felony or any violation of §\n 18.2-357 punishable as a Class 3 felony.\n\n 6. If the offense was committed on or after July 1, 2019, any felony violation\n of § 18.2-348 or 18.2-349.\n \t\t\t\t“Tier II offense” means any violation of, attempted violation\n of, or conspiracy to violate § 18.2-64.1, subsection C of §\n 18.2-374.1:1, or subsection C, D, or E of § 18.2-374.3.\n \t\t\t\t“Tier III offense” means a violation of, attempted violation\n of, or conspiracy to violate:\n\n 1. Clause (ii) and (iii) of § 18.2-48, former § 18.1-38 with the\n intent to defile or, for the purpose of concubinage or prostitution, a felony\n violation of subdivision (2) or (3) of former § 18.1-39 that involves\n assisting or aiding in such an abduction, § 18.2-61, former §\n 18.1-44 when such act is accomplished against the complaining witness’s\n will, by force, or through the use of the complaining witness’s mental\n incapacity or physical helplessness, or if the victim is under 13 years of\n age, subsection A of § 18.2-63 where the perpetrator is more than five\n years older than the victim, § 18.2-67.1, § 18.2-67.2, §\n 18.2-67.3, former § 18.1-215 when the complaining witness is under 13\n years of age, § 18.2-67.4 where the perpetrator is 18 years of age or\n older and the victim is under the age of six, subsections A and B of §\n 18.2-67.5, § 18.2-370, subdivision (1), (2), or (4) of former §\n 18.1-213, former § 18.1-214, § 18.2-370.1, or § 18.2-374.1;\n\n 2. § 18.2-63, § 18.2-64.1, former § 18.2-67.2:1, § 18.2-90\n with the intent to commit rape or, where the victim is a minor or is\n physically helpless or mentally incapacitated as defined in § 18.2-67.10,\n subsection A of § 18.2-47, § 18.2-67.4, subsection C of §\n 18.2-67.5, clause (i) of § 18.2-48, § 18.2-361, § 18.2-366, or\n subsection C of § 18.2-374.1:1. An offense listed under this subdivision\n shall be deemed a Tier III offense only if the person has been convicted or\n adjudicated delinquent of any two or more such offenses, provided that person\n had been at liberty between such convictions or adjudications;\n\n 3. If the offense was committed on or after July 1, 2006, § 18.2-91 with\n the intent to commit any felony offense listed in this section. An offense\n listed under this subdivision shall be deemed a Tier III offense only if the\n person has been convicted or adjudicated delinquent of any two or more such\n offenses, provided that the person had been at liberty between such\n convictions or adjudications; or\n\n 4. Chapter 117 (18 U.S.C. § 2421 et seq.) of Title 18 of the United\n States Code or sex trafficking (as described in § 1591 of Title 18,\n U.S.C.).\n\nB. “Tier I offense” as defined in this section, “Tier II\noffense” as defined in this section, “Tier III offense” as\ndefined in this section, and “murder” as defined in this section\nincludes any similar offense under the laws of any foreign country or any\npolitical subdivision thereof or the United States or any political subdivision\nthereof.\n\nC. 1. Any offense under the laws of any foreign country or any political\nsubdivision thereof or the United States or any political subdivision thereof\nthat is similar to (i) any Tier I, II, or III offense or (ii) murder as defined\nin this section shall require registration and reregistration in accordance with\nthis chapter in a manner consistent with the registration and reregistration\nobligations imposed by the similar offense listed or defined in this section,\nunless such offense requires more stringent registration and reregistration\nobligations under the laws of the jurisdiction where the offender was convicted.\nIn instances where more stringent registration and reregistration obligations\nare required under the laws of the jurisdiction where the offender was\nconvicted, the offender shall register and reregister as required by this\nchapter in a manner most similar with the registration obligations imposed under\nthe laws of the jurisdiction where the offender was convicted.\n\n 2. Any offense for which registration in a sex offender and crimes against\n minors registry is required under the laws of the jurisdiction where the\n offender was convicted shall require registration and reregistration in\n accordance with this chapter in the manner most similar with the registration\n and reregistration obligations imposed under the laws of the jurisdiction\n where the offender was convicted unless such offense is similar to (i) any\n Tier I, II, or III offense or (ii) murder as defined in this section and the\n registration and reregistration obligations imposed by the similar offense\n listed or defined in this section are more stringent than those registration\n and reregistration obligations imposed under the laws of the jurisdiction\n where the offender was convicted. In instances where the similar offense\n listed or defined in this section imposes more stringent registration and\n reregistration obligations, the offender shall register and reregister as\n required by this chapter in a manner consistent with the registration and\n reregistration obligations imposed by the similar offense listed or defined in\n this section.\n\nD. Juveniles adjudicated delinquent shall not be required to register; however,\nwhere the offender is a juvenile over the age of 13 at the time of the offense\nwho is tried as a juvenile and is adjudicated delinquent on or after July 1,\n2005, of any offense for which registration is required, the court may, in its\ndiscretion and upon motion of the attorney for the Commonwealth, find that the\ncircumstances of the offense require offender registration. In making its\ndetermination, the court shall consider all of the following factors that are\nrelevant to the case: (i) the degree to which the delinquent act was committed\nwith the use of force, threat, or intimidation, (ii) the age and maturity of the\ncomplaining witness, (iii) the age and maturity of the offender, (iv) the\ndifference in the ages of the complaining witness and the offender, (v) the\nnature of the relationship between the complaining witness and the offender,\n(vi) the offender’s prior criminal history, and (vii) any other\naggravating or mitigating factors relevant to the case. The attorney for the\nCommonwealth may file such a motion at any time during which the offender is\nwithin the jurisdiction of the court for the offense that is the basis for such\nmotion. Prior to any hearing on such motion, the court shall appoint a qualified\nand competent attorney-at-law to represent the offender unless an attorney has\nbeen retained and appears on behalf of the offender or counsel has already been\nappointed.\n\nE. Prior to entering judgment of conviction of an offense for which registration\nis required if the victim of the offense was a minor, physically helpless, or\nmentally incapacitated, when the indictment, warrant, or information does not\nallege that the victim of the offense was a minor, physically helpless, or\nmentally incapacitated, the court shall determine by a preponderance of the\nevidence whether the victim of the offense was a minor, physically helpless, or\nmentally incapacitated, as defined in § 18.2-67.10, and shall also\ndetermine the age of the victim at the time of the offense if it determines the\nvictim to be a minor. When such a determination is required, the court shall\nadvise the defendant of its determination and of the defendant’s right to\nmake a motion to withdraw a plea of guilty or nolo contendere pursuant to §\n19.2-296. If the court grants the defendant’s motion to withdraw his plea\nof guilty or of nolo contendere, his case shall be heard by another judge,\nunless the parties agree otherwise. Failure to make such determination or so\nadvise the defendant does not otherwise invalidate the underlying conviction.\n\nHISTORY: 2003, cc. 584, 732; 2004, cc. 414, 444; 2005, cc. 586, 603, 631; 2006,\ncc. 857, 875, 914, 931; 2007, cc. 463, 718, 759, 823; 2008, cc. 592, 747, 772,\n877; 2010, c. 858; 2012, c. 243; 2013, cc. 750, 781; 2014, cc. 546, 649, 706;\n2015, cc. 690, 691; 2016, c. 586; 2019, c. 617; 2020, cc. 389, 826, 829; 2021,\nSp. Sess. I, c. 188.","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}}