                                 CODE OF VIRGINIA

SEX OFFENSES PROHIBITING PROXIMITY TO CHILDREN; PENALTY (§ 18.2-370.2)

A. &#8220;Offense prohibiting proximity to children&#8221; means a violation or
an attempt to commit a violation of (i) subsection A of &#xA7; 18.2-47, clause
(ii) or (iii) of &#xA7; 18.2-48, subsection B of &#xA7; 18.2-361, or subsection
B of &#xA7; 18.2-366, where the victim of one of the foregoing offenses was a
minor, or (ii) clause (iii) of subsection A of &#xA7; 18.2-61, &#xA7; 18.2-63 or
18.2-64.1, subdivision A 1 of &#xA7; 18.2-67.1, subdivision A 1 of &#xA7;
18.2-67.2, subdivision A 1 or A 4 (a) of &#xA7; 18.2-67.3, &#xA7; 18.2-370 or
18.2-370.1, clause (ii) of &#xA7; 18.2-371, or &#xA7; 18.2-374.1, 18.2-374.1:1
or 18.2-379. As of July 1, 2006, &#8220;offense prohibiting proximity to
children&#8221; includes a violation of &#xA7; 18.2-472.1 when the offense
requiring registration was one of the foregoing offenses.

B. Every adult who is convicted of an offense prohibiting proximity to children
when the offense occurred on or after July 1, 2000, shall as part of his
sentence be forever prohibited from loitering within 100 feet of the premises of
any place he knows or has reason to know is a primary, secondary or high school.
In addition, every adult who is convicted of an offense prohibiting proximity to
children when the offense occurred on or after July 1, 2006, shall as part of
his sentence be forever prohibited from loitering within 100 feet of the
premises of any place he knows or has reason to know is a child day program as
defined in &#xA7; 22.1-289.02.

C. Every adult who is convicted of an offense prohibiting proximity to children,
when the offense occurred on or after July 1, 2008, shall as part of his
sentence be forever prohibited from going, for the purpose of having any contact
whatsoever with children who are not in his custody, within 100 feet of the
premises of any place owned or operated by a locality that he knows or should
know is a playground, athletic field or facility, or gymnasium.

D. Any person convicted of an offense under the laws of any foreign country or
any political subdivision thereof, or the United States or any political
subdivision thereof, similar to any offense set forth in subsection A shall be
forever prohibited from loitering within 100 feet of the premises of any place
he knows or has reason to know is a primary, secondary, or high school or any
place he knows or has reason to know is a child day program as defined in &#xA7;
22.1-289.02. In addition, he shall be forever prohibited from going, for the
purpose of having any contact whatsoever with children who are not in his
custody, within 100 feet of the premises of any place owned or operated by a
locality that he knows or has reason to know is a playground, athletic field or
facility, or gymnasium.

E. A violation of this section is punishable as a Class 6 felony.

HISTORY: 2000, c. 770; 2006, cc. 857, 914; 2008, c. 579; 2017, c. 507; 2020, cc.
860, 861.