2006 Code of Virginia § 18.2-472.1 - Providing false information or failing to provide registration information; penalty; prima facie ev...

18.2-472.1. Providing false information or failing to provide registrationinformation; penalty; prima facie evidence.

A. Any person subject to Chapter 9 ( 9.1-900 et seq.) of Title 9.1, otherthan a person convicted of a sexually violent offense or murder as defined in 9.1-902, who knowingly fails to register or reregister, or who knowinglyprovides materially false information to the Sex Offender and Crimes AgainstMinors Registry is guilty of a Class 1 misdemeanor. A second or subsequentconviction for an offense under this subsection is a Class 6 felony.

B. Any person convicted of a sexually violent offense or murder, as definedin 9.1-902, who knowingly fails to register or reregister, or who knowinglyprovides materially false information to the Sex Offender and Crimes AgainstMinors Registry is guilty of a Class 6 felony. A second or subsequentconviction for an offense under this subsection is a Class 5 felony.

C. A prosecution pursuant to this section shall be brought in the city orcounty where the offender can be found or where the offender last registeredor reregistered or, if the offender failed to comply with the duty toregister, where the offender was last convicted of an offense for whichregistration or reregistration is required.

D. At any trial pursuant to this section, an affidavit from the State Policeissued as required in 9.1-907 shall be admitted into evidence as primafacie evidence of the failure to comply with the duty to register orreregister and a copy of such affidavit shall be provided to the registrantor his counsel seven days prior to hearing or trial by the attorney for theCommonwealth.

E. For the purposes of this section any conviction for a substantiallysimilar offense under the laws of (i) any foreign country or any politicalsubdivision thereof, or (ii) any state or territory of the United States orany political subdivision thereof, the District of Columbia, or the UnitedStates shall be considered a prior conviction.

(1997, c. 747; 1999, c. 845; 2001, c. 365; 2003, c. 584; 2006, cc. 857, 914,931.)