2006 Code of Virginia § 37.2-900 - (Effective until January 1, 2007) Definitions

37.2-900. (Effective until January 1, 2007) Definitions.

As used in this chapter, unless the context requires a different meaning:

"Defendant" means any person charged with a sexually violent offense who isdeemed to be an unrestorably incompetent defendant pursuant to 19.2-169.3and is referred for commitment review pursuant to 37.2-905.

"Director" means the Director of the Department of Corrections.

"Mental abnormality" or "personality disorder" means a congenital oracquired condition that affects a person's emotional or volitional capacityand renders the person so likely to commit sexually violent offenses that heconstitutes a menace to the health and safety of others.

"Sexually violent offense" means (i) a felony conviction under former 18-54, former 18.1-44, 18.2-61, 18.2-67.1, 18.2-67.2; (ii) a convictionunder 18.2-67.3 where the complaining witness is less than 13 years of age;or (iii) a felony conviction under the laws of the Commonwealth for aforcible sexual offense committed prior to July 1, 1981, where the criminalbehavior on which the conviction is based is set forth in 18.2-67.1 or18.2-67.2, or is set forth in 18.2-67.3 where the complaining witness isless than 13 years of age.

"Sexually violent predator" means any person who (i) has been convicted ofa sexually violent offense or has been charged with a sexually violentoffense 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 likelyto engage in sexually violent acts.

(1999, cc. 946, 985, 37.1-70.1; 2001, c. 776; 2003, cc. 989, 1018; 2005,cc. 716, 914.)

37.2-900. (Effective January 1, 2007) Definitions.

As used in this chapter, unless the context requires a different meaning:

"Defendant" means any person charged with a sexually violent offense who isdeemed to be an unrestorably incompetent defendant pursuant to 19.2-169.3and is referred for commitment review pursuant to this chapter.

"Director" means the Director of the Department of Corrections.

"Mental abnormality" or "personality disorder" means a congenital oracquired condition that affects a person's emotional or volitional capacityand renders the person so likely to commit sexually violent offenses that heconstitutes a menace to the health and safety of others.

"Sexually violent offense" means (i) a felony conviction under former 18-54, former 18.1-44, 18.2-61, 18.2-67.1, or 18.2-67.2; (ii) aconviction under 18.2-48 (ii), 18.2-48 (iii), 18.2-63, 18.2-64.1, or18.2-67.3; (iii) a felony conviction under the laws of the Commonwealth for aforcible sexual offense committed prior to July 1, 1981, where the criminalbehavior on which the conviction is based is set forth in 18.2-67.1 or18.2-67.2, or is set forth in 18.2-67.3; or (iv) a felony conviction forconspiracy to commit or attempt to commit any of the above offenses.

"Sexually violent predator" means any person who (i) has been convicted ofa sexually violent offense or has been charged with a sexually violentoffense 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 likelyto engage in sexually violent acts.

(1999, cc. 946, 985, 37.1-70.1; 2001, c. 776; 2003, cc. 989, 1018; 2005,cc. 716, 914; 2006, cc. 863, 914.)