9.1-902 - Offenses requiring registration.
§ 9.1-902. Offenses requiring registration.
A. For purposes of this chapter:
"Offense for which registration is required" includes:
1. Any offense listed in subsection B;
2. Criminal homicide;
3. Murder;
4. A sexually violent offense;
5. Any offense similar to those listed in subdivisions 1 through 4 under thelaws of any foreign country or any political subdivision thereof, the UnitedStates or any political subdivision thereof; and
6. Any offense for which registration in a sex offender and crimes againstminors registry is required under the laws of the jurisdiction where theoffender was convicted.
B. The offenses included under this subsection include any violation of,attempted violation of, or conspiracy to violate:
1. § 18.2-63; unless registration is required pursuant to subdivision E 1; §18.2-64.1; former § 18.2-67.2:1; § 18.2-90 with the intent to commit rape;subsection B or C of § 18.2-374.1:1; former subsection D of § 18.2-374.1:1 asit was in effect from July 1, 1994, through June 30, 2007; former clause (iv)of subsection B of § 18.2-374.3 as it was in effect on June 30, 2007; orsubsection B, C, or D of § 18.2-374.3; or a third or subsequent conviction of(i) § 18.2-67.4, (ii) § 18.2-67.4:2, (iii) subsection C of § 18.2-67.5 or(iv) § 18.2-386.1.
If the offense was committed on or after July 1, 2006, § 18.2-91 with theintent to commit any felony offense listed in this section; subsection A of §18.2-374.1:1; or a felony under § 18.2-67.5:1.
2. Where the victim is a minor or is physically helpless or mentallyincapacitated as defined in § 18.2-67.10, subsection A of § 18.2-47, clause(i) of § 18.2-48, § 18.2-67.4, subsection C of § 18.2-67.5, § 18.2-361, or18.2-366.
3. § 18.2-370.6.
C. "Criminal homicide" means a homicide in conjunction with a violation of,attempted violation of, or conspiracy to violate clause (i) of § 18.2-371 or§ 18.2-371.1, when the offenses arise out of the same incident.
D. "Murder" means a violation of, attempted violation of, or conspiracy toviolate § 18.2-31 or § 18.2-32 where the victim is (i) under 15 years of ageor (ii) where the victim is at least 15 years of age but under 18 years ofage and the murder is related to an offense listed in this section.
E. "Sexually violent offense" means a violation of, attempted violation of,or conspiracy to violate:
1. Clause (ii) and (iii) of § 18.2-48, § 18.2-61, subsection A of § 18.2-63where the perpetrator is more than five years older than the victim, §18.2-67.1, § 18.2-67.2, § 18.2-67.3, § 18.2-67.4 where the perpetrator is 18years of age or older and the victim is under the age of six, subsections Aand B of § 18.2-67.5, § 18.2-370, or § 18.2-370.1 or § 18.2-374.1; or
2. § 18.2-63, § 18.2-64.1, former § 18.2-67.2:1, § 18.2-90 with the intent tocommit rape or, where the victim is a minor or is physically helpless ormentally incapacitated as defined in § 18.2-67.10, subsection A of § 18.2-47,§ 18.2-67.4, subsection C of § 18.2-67.5, clause (i) of § 18.2-48, §18.2-361, § 18.2-366 or subsection C of § 18.2-374.1:1. An offense listedunder this subdivision shall be deemed a sexually violent offense only if theperson has been convicted or adjudicated delinquent of any two or more suchoffenses, provided that person had been at liberty between such convictionsor adjudications;
3. If the offense was committed on or after July 1, 2006, § 18.2-91 with theintent to commit any felony offense listed in this section. An offense listedunder this subdivision shall be deemed a sexually violent offense only if theperson has been convicted or adjudicated delinquent of any two or more suchoffenses, provided that the person had been at liberty between suchconvictions or adjudications; or
4. Chapter 117 (18 U.S.C. § 2421 et seq.) of Title 18 of the United StatesCode or sex trafficking (as described in § 1591 of Title 18, U.S.C.).
F. "Any offense listed in subsection B," "criminal homicide" as definedin this section, "murder" as defined in this section, and "sexuallyviolent offense" as defined in this section includes (i) any similar offenseunder the laws of any foreign country or any political subdivision thereof,the United States or any political subdivision thereof or (ii) any offensefor which registration in a sex offender and crimes against minors registryis required under the laws of the jurisdiction where the offender wasconvicted.
G. Juveniles adjudicated delinquent shall not be required to register;however, where the offender is a juvenile over the age of 13 at the time ofthe offense who is tried as a juvenile and is adjudicated delinquent on orafter July 1, 2005, of any offense for which registration is required, thecourt may, in its discretion and upon motion of the attorney for theCommonwealth, find that the circumstances of the offense require offenderregistration. In making its determination, the court shall consider all ofthe following factors that are relevant to the case: (i) the degree to whichthe delinquent act was committed with the use of force, threat orintimidation, (ii) the age and maturity of the complaining witness, (iii) theage and maturity of the offender, (iv) the difference in the ages of thecomplaining witness and the offender, (v) the nature of the relationshipbetween the complaining witness and the offender, (vi) the offender's priorcriminal history, and (vii) any other aggravating or mitigating factorsrelevant to the case.
H. Prior to entering judgment of conviction of an offense for whichregistration is required if the victim of the offense was a minor, physicallyhelpless, or mentally incapacitated, the court shall determine by apreponderance of the evidence whether the victim of the offense was a minor,physically helpless or mentally incapacitated, as defined in § 18.2-67.10,and shall also determine the age of the victim at the time of the offense ifit determines the victim to be a minor. Upon such a determination the courtshall advise the defendant of its determination and of the defendant's rightto withdraw a plea of guilty or nolo contendere. If the defendant chooses towithdraw his plea of guilty or of nolo contendere, his case shall be heard byanother judge, unless the parties agree otherwise.
(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.)