                                 CODE OF VIRGINIA

DEFINITIONS (§ 37.2-900)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Commissioner&#8221; means the Commissioner of Behavioral Health and
Developmental Services.
		&#8220;Defendant&#8221; means any person charged with a sexually violent
offense who is deemed to be an unrestorably incompetent defendant pursuant to §
19.2-169.3 and is referred for commitment review pursuant to this chapter.
		&#8220;Department&#8221; means the Department of Behavioral Health and
Developmental Services.
		&#8220;Director&#8221; means the Director of the Department of Corrections.
		&#8220;Mental abnormality&#8221; or &#8220;personality disorder&#8221; means a
congenital or acquired condition that affects a person&#8217;s emotional or
volitional capacity and renders the person so likely to commit sexually violent
offenses that he constitutes a menace to the health and safety of others.
		&#8220;Respondent&#8221; means the person who is subject of a petition filed
under this chapter.
		&#8220;Sexually violent offense&#8221; means a felony under (i) former §
18-54, former § 18.1-44, subdivision A 5 of § 18.2-31, § 18.2-61, 18.2-67.1,
or 18.2-67.2; (ii) § 18.2-48 (ii), 18.2-48 (iii), 18.2-63, 18.2-64.1, or
18.2-67.3; (iii) subdivision A 1 of § 18.2-31 where the abduction was committed
with intent to defile the victim; (iv) § 18.2-32 when the killing was in the
commission of, or attempt to commit rape, forcible sodomy, or inanimate or
animate object sexual penetration; (v) the laws of the Commonwealth for a
forcible sexual offense committed prior to July 1, 1981, where the criminal
behavior is set forth in § 18.2-67.1 or 18.2-67.2, or is set forth in §
18.2-67.3; or (vi) conspiracy to commit or attempt to commit any of the above
offenses.
		&#8220;Sexually violent predator&#8221; means any person who (i) has been
convicted of a sexually violent offense, or has been charged with a sexually
violent offense and is unrestorably incompetent to stand trial pursuant to §
19.2-169.3; and (ii) because of a mental abnormality or personality disorder,
finds it difficult to control his predatory behavior, which makes him likely to
engage in sexually violent acts.

HISTORY: 1999, cc. 946, 985, § 37.1-70.1; 2001, c. 776; 2003, cc. 989, 1018;
2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, cc. 740, 813, 840.