2006 Code of Virginia § 9.1-902 - Offenses requiring registration

9.1-902. Offenses requiring registration.

A. For purposes of this chapter:

"Offense for which registration is required" means:

1. A violation or attempted violation of 18.2-63, 18.2-64.1, former 18.2-67.2:1, 18.2-90 with the intent to commit rape, 18.2-374.1 orsubsection D of 18.2-374.1:1; or a third or subsequent conviction of (i) 18.2-67.4, (ii) subsection C of 18.2-67.5 or (iii) 18.2-386.1;

If the offense was committed on or after July 1, 2006, (i) a violation orattempted violation of 18.2-91 with the intent to commit any felony offenselisted in this section; (ii) a violation or attempted violation of subsectionA of 18.2-374.1:1; or (iii) a felony violation under 18.2-67.5:1.

2. Clause (iv) of subsection B of 18.2-374.3 or where the victim is a minoror is physically helpless or mentally incapacitated as defined in 18.2-67.10, a violation or attempted violation of subsection A of 18.2-47,clause (i) or (iii) of 18.2-48, 18.2-67.4, subsection C of 18.2-67.5, 18.2-361, or 18.2-366;

3. A violation of Chapter 117 (18 U.S.C. 2421 et seq.) of Title 18 of theUnited States Code;

4. A "sexually violent offense";

5. "Murder"; or

6. Criminal homicide in conjunction with a violation of clause (i) of 18.2-371 or 18.2-371.1, when the offenses arise out of the same incident.

"Murder" means a violation of 18.2-31 or 18.2-32 where the victim is (i)under 15 years of age or (ii) where the victim is at least 15 years of agebut under 18 years of age and the murder is related to an offense listed inthis section.

"Sexually violent offense" means a violation or attempted violation of:

1. Clause (ii) of 18.2-48, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4 where the perpetrator is 18 years of age or older and the victim isunder the age of six, subsections A and B of 18.2-67.5, 18.2-370, or18.2-370.1;

2. Sections 18.2-63, 18.2-64.1, former 18.2-67.2:1, 18.2-90 with theintent to commit rape or, where the victim is a minor or is physicallyhelpless or mentally incapacitated as defined in 18.2-67.10, a violation orattempted violation of subsection A of 18.2-47, 18.2-67.4, subsection Cof 18.2-67.5, clause (i) or (iii) of 18.2-48, 18.2-361, 18.2-366, or18.2-374.1. An offense listed under this subdivision shall be deemed asexually violent offense only if the person has been convicted or adjudicateddelinquent of any two or more such offenses, provided that person had been atliberty between such convictions or adjudications; or

3. If the offense was committed on or after July 1, 2006, a violation orattempted violation of 18.2-91 with the intent to commit any felony offenselisted in this section. An offense listed under this subdivision shall bedeemed a sexually violent offense only if the person has been convicted oradjudicated delinquent of any two or more such offenses, provided that theperson had been at liberty between such convictions or adjudications.

B. "Offense for which registration is required" and "sexually violentoffense" shall also include any similar offense under the laws of (i) anyforeign country or any political subdivision thereof, (ii) the United Statesor any political subdivision thereof and any offense for which registrationin a sex offender and crimes against minors registry is required under thelaws of the jurisdiction where the offender was convicted.

C. 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 of anyoffense enumerated in subdivisions A 1 through A 4 on or after July 1, 2005,the court 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.

(2003, cc. 584, 732; 2004, cc. 414, 444; 2005, cc. 586, 603, 631; 2006, cc.857, 875, 914, 931.)