                                 CODE OF VIRGINIA

OFFENSES REQUIRING REGISTRATION (§ 9.1-902)

A. For purposes of this chapter:
			&#8220;Murder&#8221; means a violation of, attempted violation of, or
conspiracy to violate § 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 § 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.
			&#8220;Offense for which registration is required&#8221; includes:

   1. Any Tier I, Tier II, or Tier III offense;

   2. Murder;

   3. 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

   4. 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.
   				&#8220;Tier I offense&#8221; means (i) any homicide in conjunction with a
   violation of, attempted violation of, or conspiracy to violate clause (i) of
   &#xA7; 18.2-371 or &#xA7; 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. &#xA7; 18.2-63 unless registration is required pursuant to subdivision 1 of
   the definition of Tier III offense; former &#xA7; 18.2-67.2:1; &#xA7; 18.2-90
   with the intent to commit rape; former &#xA7; 18.1-88 with the intent to
   commit rape; any former felony violation of &#xA7; 18.2-346; any felony
   violation of &#xA7; 18.2-346.01; any violation of subdivision (4) of &#xA7;
   18.2-355; any violation of subsection C of &#xA7; 18.2-357.1; subsection B of
   &#xA7; 18.2-374.1:1; former subsection D of &#xA7; 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 &#xA7; 18.2-374.3 as it was in effect on June 30, 2007;
   subsection B of &#xA7; 18.2-374.3; or a third or subsequent conviction of
   &#xA7; 18.2-67.4, &#xA7; 18.2-67.4:2, subsection C of &#xA7; 18.2-67.5, &#xA7;
   18.2-386.1, or, if the offense was committed on or after July 1, 2020, &#xA7;
   18.2-386.2.
   				If the offense was committed on or after July 1, 2006, &#xA7; 18.2-91 with
   the intent to commit any felony offense listed in this section; subsection A
   of &#xA7; 18.2-374.1:1; or a felony under &#xA7; 18.2-67.5:1.

   2. Where the victim is a minor or is physically helpless or mentally
   incapacitated as defined in &#xA7; 18.2-67.10, subsection A of &#xA7; 18.2-47,
   clause (i) of &#xA7; 18.2-48, &#xA7; 18.2-67.4, subsection C of &#xA7;
   18.2-67.5, &#xA7; 18.2-361, &#xA7; 18.2-366, or a felony violation of former
   &#xA7; 18.1-191.

   3. &#xA7; 18.2-370.6.

   4. 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 &#xA7; 18.2-51.2.

   5. If the offense was committed on or after July 1, 2016, any violation of
   &#xA7; 18.2-356 punishable as a Class 3 felony or any violation of &#xA7;
   18.2-357 punishable as a Class 3 felony.

   6. If the offense was committed on or after July 1, 2019, any felony violation
   of &#xA7; 18.2-348 or 18.2-349.
   				&#8220;Tier II offense&#8221; means any violation of, attempted violation
   of, or conspiracy to violate &#xA7; 18.2-64.1, subsection C of &#xA7;
   18.2-374.1:1, or subsection C, D, or E of &#xA7; 18.2-374.3.
   				&#8220;Tier III offense&#8221; means a violation of, attempted violation
   of, or conspiracy to violate:

   1. Clause (ii) and (iii) of &#xA7; 18.2-48, former &#xA7; 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 &#xA7; 18.1-39 that involves
   assisting or aiding in such an abduction, &#xA7; 18.2-61, former &#xA7;
   18.1-44 when such act is accomplished against the complaining witness&#8217;s
   will, by force, or through the use of the complaining witness&#8217;s mental
   incapacity or physical helplessness, or if the victim is under 13 years of
   age, subsection A of &#xA7; 18.2-63 where the perpetrator is more than five
   years older than the victim, &#xA7; 18.2-67.1, &#xA7; 18.2-67.2, &#xA7;
   18.2-67.3, former &#xA7; 18.1-215 when the complaining witness is under 13
   years of age, &#xA7; 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 &#xA7;
   18.2-67.5, &#xA7; 18.2-370, subdivision (1), (2), or (4) of former &#xA7;
   18.1-213, former &#xA7; 18.1-214, &#xA7; 18.2-370.1, or &#xA7; 18.2-374.1;

   2. &#xA7; 18.2-63, &#xA7; 18.2-64.1, former &#xA7; 18.2-67.2:1, &#xA7; 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 &#xA7; 18.2-67.10,
   subsection A of &#xA7; 18.2-47, &#xA7; 18.2-67.4, subsection C of &#xA7;
   18.2-67.5, clause (i) of &#xA7; 18.2-48, &#xA7; 18.2-361, &#xA7; 18.2-366, or
   subsection C of &#xA7; 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. If the offense was committed on or after July 1, 2006, &#xA7; 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

   4. Chapter 117 (18 U.S.C. &#xA7; 2421 et seq.) of Title 18 of the United
   States Code or sex trafficking (as described in &#xA7; 1591 of Title 18,
   U.S.C.).

B. &#8220;Tier I offense&#8221; as defined in this section, &#8220;Tier II
offense&#8221; as defined in this section, &#8220;Tier III offense&#8221; as
defined in this section, and &#8220;murder&#8221; 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. 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.

   2. 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.

D. 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&#8217;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. 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 &#xA7; 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&#8217;s right to
make a motion to withdraw a plea of guilty or nolo contendere pursuant to &#xA7;
19.2-296. If the court grants the defendant&#8217;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.

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.