                                 CODE OF VIRGINIA

SEX OFFENSES PROHIBITING RESIDING IN PROXIMITY TO CHILDREN; PENALTY (§
18.2-370.3)

A. Every adult who is convicted of an offense occurring on or after July 1,
2006, where the offender is more than three years older than the victim, of one
of the following qualifying offenses: (i) clause (iii) of subsection A of &#xA7;
18.2-61, (ii) subdivision A 1 of &#xA7; 18.2-67.1, (iii) subdivision A 1 of
&#xA7; 18.2-67.2, or (iv) any similar offense under the laws of any foreign
country or any political subdivision thereof, or the United States or any
political subdivision thereof, shall be forever prohibited from residing within
500 feet of the premises of any place he knows or has reason to know is a child
day center as defined in &#xA7; 22.1-289.02, or a primary, secondary, or high
school. A violation of this section is a Class 6 felony. The provisions of this
section shall only apply if the qualifying offense was done in the commission
of, or as a part of the same course of conduct as, or as part of a common scheme
or plan as a violation of (a) subsection A of &#xA7; 18.2-47 or &#xA7; 18.2-48;
(b) &#xA7; 18.2-89, 18.2-90, or 18.2-91; (c) &#xA7; 18.2-51.2; or (d) any
similar offense under the laws of any foreign country or any political
subdivision thereof, or the United States or any political subdivision thereof.

B. An adult who is convicted of an offense as specified in subsection A and has
established a lawful residence shall not be in violation of this section if a
child day center or a primary, secondary, or high school is established within
500 feet of his residence subsequent to his conviction.

C. Every adult who is convicted of an offense occurring on or after July 1,
2008, where the offender is more than three years older than the victim, of one
of the following qualifying offenses: (i) clause (iii) of subsection A of &#xA7;
18.2-61, (ii) subdivision A 1 of &#xA7; 18.2-67.1, (iii) subdivision A 1 of
&#xA7; 18.2-67.2, or (iv) any similar offense under the laws of any foreign
country or any political subdivision thereof, or the United States or any
political subdivision thereof, shall be forever prohibited from residing within
500 feet of the boundary line of any place he knows is a public park when such
park (a) is owned and operated by a county, city, or town, (b) shares a boundary
line with a primary, secondary, or high school, and (c) is regularly used for
school activities. A violation of this section is a Class 6 felony. The
provisions of this section shall only apply if the qualifying offense was done
in the commission of, or as a part of the same course of conduct as, or as part
of a common scheme or plan as a violation of (1) subsection A of &#xA7; 18.2-47
or &#xA7; 18.2-48; (2) &#xA7; 18.2-89, 18.2-90, or 18.2-91; (3) &#xA7;
18.2-51.2; or (4) any similar offense under the laws of any foreign country or
any political subdivision thereof, or the United States or any political
subdivision thereof.

D. An adult who is convicted of an offense as specified in subsection C and has
established a lawful residence shall not be in violation of this section if a
public park that (i) is owned and operated by a county, city, or town, (ii)
shares a boundary line with a primary, secondary, or high school, and (iii) is
regularly used for school activities, is established within 500 feet of his
residence subsequent to his conviction.

E. The prohibitions in this section predicated upon an offense similar to any
offense set forth in this section under the laws of any foreign country or any
political subdivision thereof, or the United States or any political subdivision
thereof, shall apply only to residences established on and after July 1, 2017.

HISTORY: 2006, cc. 857, 914; 2008, c. 726; 2017, c. 507; 2020, cc. 860, 861.