Megan’s Law for Virginia

updated 7/12/2016

Contact Person: Email: lt.cjifs@vsp.virginia.gov
Offenders Required to Register: Every person convicted on or after July 1, 1994, of an offense set forth in § 9.1-902 shall register and re-register as required by this chapter. Every person serving a sentence of confinement on or after July 1, 1994, for a conviction of an offense set forth in § 9.1-902 shall register and re-register as required by this chapter. Every person under community supervision as defined by § 53.1-1 or any similar form of supervision under the laws of the United States, any foreign country, or any political subdivision thereof, and any person convicted of any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted on or after July 1, 1994, resulting from a conviction of an offense set forth in § 9.1-902 shall register and re-register as required by this chapter.
Information Collected: Fingerprints and a photograph of a type and kind specified by the State Police, DOB, SSN, complete physical address, place of employment and a description of the offense or offenses for which he was convicted, electronic mail address information, any instant message, chat or other Internet communication name or identity information that the person uses or intends to.  If the person is attending or employed at an institution of higher learning both inside and outside of Virginia they shall provide the name of the institution. They shall also provide updated information when they change their address, change place of employment or change to a different institution of higher learning. A person if applicable shall provide the same information on convictions for any of the specified offenses or under a substantially similar law of the United States or any other state.
Administrating Agency: Virginia State Police.
Timeframe for Registration: Must register upon conviction, suspension of sentence; within three days of release, three days of establishing new residence, three days of changing address and within three days of establishing a first time residence. The offender that is moving outside of Virginia, must report to their local law enforcement agency where he physically resides and complete an SP-236 Registration form 10 days prior to the move.
Applies to Out of State Offenders: Yes
Duration of Requirement: Any person required to register or re-register shall be required to register until the duty to register and re-register is terminated by a court order as set forth in § 9.1-910, except that any person who has been convicted of (i) any sexually violent offense, (ii) murder or (iii) former § 18.2-67.2:1 shall have a continuing duty to re-register for life.Any person required to register, other than a person who has been convicted of any (i) sexually violent offense, (ii) two or more offenses for which registration is required, (iii) a violation of former § 18.2-67.2:1, or (iv) murder, may petition the circuit court in which he was convicted or the circuit court in the jurisdiction where he then resides for removal of his name and all identifying information from the Registry. A petition may not be filed earlier than 15 years, or 25 years for violations of § 18.2-64.1, subsection C of § 18.2-374.1:1, or subsection C, D, or E of § 18.2-374.3, after the date of initial registration nor earlier than 15 years, or 25 years for violations of § 18.2-64.1, subsection C of § 18.2-374.1:1, or subsection C, D, or E of § 18.2-374.3, from the date of his last conviction for (a) a violation of § 18.2-472.1 or (b) any felony. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. The court shall obtain a copy of the petitioner’s complete criminal history and registration and re-registration history from the Registry and then hold a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. The Commonwealth shall be made a party to any action under this section. If, after such hearing, the court is satisfied that such person no longer poses a risk to public safety, the court shall grant the petition. In the event the petition is not granted, the person shall wait at least 24 months from the date of the denial to file a new petition for removal from the Registry.The State Police shall remove from the Registry the name of any person and all identifying information upon receipt of an order granting a petition pursuant to subsection A.
Verification of Address: An SP-236A Re-Registration form must be completed for verification of address for all sex offenders . The form shall state the registration requirements and contain in bold print a statement indicating that failure to comply with the registration requirements is punishable as provided in § 18.2-472.1.  Sexually violent offenders must verify every 90 days and the Sexual Offenders must verify annually.  Any person convicted of a violation of § 18.2-472.1, other than a person convicted of a sexually violent offense or murder, shall register with the State Police every 180 days from the date of such conviction.  Any person convicted of a violation of § 18.2-472.1, in which such person was included on the Registry for a conviction of a sexually violent offense or murder, shall re-register with the State Police every 30 days from the date of conviction.
Penalties for Non-Compliance: Any sex offender who knowingly fails to register or re-register, or who knowingly provides materially false information to the Sex Offender and Crimes Against Minors Registry for failure to comply with the registration required is punishable as provided in § 18.2-472.1.
Access to Information: Section 9.1-914 authorizes the Central Criminal Records Exchange (CCRE) of the Virginia Department of State Police to electronically or mail to notify an individual conducting *Child Day Care or Child-Minding Services, elementary, secondary, public, parochial and denominational schools, STATE REGULATED or LICENSED child care institution, child day center, child day program, foster home or group home of the registration of a sex offender residing within the same or contiguous zip code as the entitled organization or entity. Also, any person may request from the State Police and, upon compliance with the requirements therefore established by the State Police, shall be eligible to receive from the State Police electronic notice of the registration or re-registration of any sex offender, within three days of receipt.
Confidentiality Provision: Use of Registry information for purposes not authorized is prohibited, the unlawful use of the information contained in or derived from the Registry for purposes of intimidating or harassing another is prohibited, and a willful violation is a Class 1 misdemeanor.
Number Registered: 29,940 as of 7/12/16
Percent Compliance: Not known
Internet Access: http://www.sex-offender.vsp.virginia.gov/sor/
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