2006 Code of Virginia § 18.2-60.3 - Stalking; penalty

18.2-60.3. Stalking; penalty.

A. Any person, except a law-enforcement officer, as defined in 9.1-101, andacting in the performance of his official duties, and a registered privateinvestigator, as defined in 9.1-138, who is regulated in accordance with 9.1-139 and acting in the course of his legitimate business, who on more thanone occasion engages in conduct directed at another person with the intent toplace, or when he knows or reasonably should know that the conduct placesthat other person in reasonable fear of death, criminal sexual assault, orbodily injury to that other person or to that other person's family orhousehold member is guilty of a Class 1 misdemeanor.

B. A third or subsequent conviction occurring within five years of aconviction for an offense under this section or for a similar offense underthe law of any other jurisdiction shall be a Class 6 felony.

C. A person may be convicted under this section irrespective of thejurisdiction or jurisdictions within the Commonwealth wherein the conductdescribed in subsection A occurred, if the person engaged in that conduct onat least one occasion in the jurisdiction where the person is tried. Evidenceof any such conduct that occurred outside the Commonwealth may be admissible,if relevant, in any prosecution under this section provided that theprosecution is based upon conduct occurring within the Commonwealth.

D. Upon finding a person guilty under this section, the court shall, inaddition to the sentence imposed, issue an order prohibiting contact betweenthe defendant and the victim or the victim's family or household member.

E. The Department of Corrections, sheriff or regional jail director shallgive notice prior to the release from a state correctional facility or alocal or regional jail of any person incarcerated upon conviction of aviolation of this section, to any victim of the offense who, in writing,requests notice, or to any person designated in writing by the victim. Thenotice shall be given at least fifteen days prior to release of a personsentenced to a term of incarceration of more than thirty days or, if theperson was sentenced to a term of incarceration of at least forty-eight hoursbut no more than thirty days, twenty-four hours prior to release. If theperson escapes, notice shall be given as soon as practicable following theescape. The victim shall keep the Department of Corrections, sheriff orregional jail director informed of the current mailing address and telephonenumber of the person named in the writing submitted to receive notice.

All information relating to any person who receives or may receive noticeunder this subsection shall remain confidential and shall not be madeavailable to the person convicted of violating this section.

For purposes of this subsection, "release" includes a release of theoffender from a state correctional facility or a local or regional jail (i)upon completion of his term of incarceration or (ii) on probation or parole.

No civil liability shall attach to the Department of Corrections nor to anysheriff or regional jail director or their deputies or employees for afailure to comply with the requirements of this subsection.

F. For purposes of this section:

"Family or household member" has the same meaning as provided in 16.1-228.

(1992, c. 888; 1994, cc. 360, 521, 739; 1995, c. 824; 1996, cc. 540, 866;1998, c. 570; 2001, c. 197; 2002, c. 377.)

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