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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>65431</law_id><section_number>2.2-3121</section_number><catch_line>Advisory opinions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>2.2-3104</reference><reference>30-356</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="2.2">Administration of Government</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Organization of State Government</unit><unit label="part" level="3" order_by="1" identifier="E">State Officers and Employees</unit><unit label="chapter" level="4" order_by="1" identifier="31">State and Local Government Conflict of Interests Act</unit><unit label="article" level="5" order_by="1" identifier="7">Penalties and Remedies</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> A state <span class="dictionary">officer</span> or <span class="dictionary">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 <span class="dictionary">opinion</span> of the <span class="dictionary">Attorney General</span> or a formal <span class="dictionary">opinion</span> or written informal advice of the <span class="dictionary">Council</span> made in response to his written request for such <span class="dictionary">opinion</span> or advice and the <span class="dictionary">opinion</span> or advice was made after a full disclosure of the <span class="dictionary">facts</span> regardless of whether such <span class="dictionary">opinion</span> or advice is later withdrawn provided the alleged violation occurred prior to the withdrawal of the <span class="dictionary">opinion</span> or advice. <a id="paragraph-237900" class="section-permalink" href="https://vacode.org/2.2-3121/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> A local <span class="dictionary">officer</span> or <span class="dictionary">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 <span class="dictionary">opinion</span> of the attorney for the Commonwealth or a formal <span class="dictionary">opinion</span> or written informal advice of the <span class="dictionary">Council</span> made in response to his written request for such <span class="dictionary">opinion</span> or advice and the <span class="dictionary">opinion</span> or advice was made after a full disclosure of the <span class="dictionary">facts</span> regardless of whether such <span class="dictionary">opinion</span> or advice is later withdrawn, provided that the alleged violation occurred prior to the withdrawal of the <span class="dictionary">opinion</span> or advice. The written <span class="dictionary">opinion</span> of the attorney for the Commonwealth shall be a public record and shall be released upon request. <a id="paragraph-237901" class="section-permalink" href="https://vacode.org/2.2-3121/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> If any <span class="dictionary">officer</span> or <span class="dictionary">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 <span class="dictionary">opinion</span> of his county, city, or town attorney, made after a full disclosure of the <span class="dictionary">facts</span>, that such action was not in violation of this chapter, then the <span class="dictionary">officer</span> or <span class="dictionary">employee</span> shall have the right to introduce a copy of the <span class="dictionary">opinion</span> at his <span class="dictionary">trial</span> as <span class="dictionary">evidence</span> that he did not knowingly violate this chapter. <a id="paragraph-237902" class="section-permalink" href="https://vacode.org/2.2-3121/#C"><i class="fa fa-link"/></a></p></section></text><history>1987, Sp. Sess., c. 1, &#xA7; 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.</history><metadata></metadata></law>
