Felonies and Misdemeanors Barriers to Being a Foster Parent?

Can I be a Foster parent with a criminal record in Virginia?

Can I be a Foster parent with a criminal record in Virginia

Barrier crimes for potential foster or adoptive parents

Yes, you can. With all criminal convictions, the law is clear about the misdemeanors and felonies that would be a barrier to becoming a foster or adoptive parent in Virginia. We have taken the Code of Virginia directly, so this is up to date as of March 2021. This article should be an excellent guide to where you or a family member"s criminal conviction lies. We would recommend finding your offense below and seeing if you can be a foster or adoptive parent. No Child Placing Agency (CPA) can give a definitive answer due to your record. When you have completed training and in the home study process, you will be asked to complete a full background check, including FBI, State Police, and Child protective services by your CPA. The Commonwealth of Virginia will conduct this full investigation by fingerprinting search with the three departments before approving you to take on the role of parent for our foster care kids if your agency licenses you. 

All permanent adults over 18 living in the foster home must pass a criminal background check for the family to be license. Driving convictions are not a barrier to being licensed, but your agency may have its own rules about your driving record and get insurance and transport a child to appointments which may be a barrier to you becoming licensed. 

FosterVA and Extra Special Parents and all Child Placing Agencies (CPA) rely on the Virginia State Police to do the final vetting, so this is only a guide. If you have a legal question about your conviction, you would have to speak to an attorney for further guidance as we have no attorneys on our team.  

We receive a question about convictions once or twice a week. This blog is our number one-paged visited on FosterVA. So we know you are not alone. We know your history may impact your wish to be a foster parent, so we hope you find this information useful. 

Wish to move forward please contact us here 

Va Code Ann. §§ 19.2-392.02; 63.2-901.1; 63.2-1719; 63.2-1720; 63.2-1721

Child-placing agencies / licensed independent foster homes cannot hire or approve as a foster/adoptive parent anyone who has:

  • A conviction of any barrier crime as defined in § 19.2-392.02. Convictions include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth
  • A founded complaint of child abuse or neglect within or outside the Commonwealth

The list of barrier crimes is broken into six clauses. All six clauses apply to Child Placing Agencies, Foster and Adoptive Homes approved by Child Placing Agencies, and Licensed Independent Foster Homes.

"Barrier crime" under Code § 19.2-392.02, Clause (i) includes: 

Any FELONY violation of:

OFFENSE Or Substantially Similar Offense Under the Laws of Another Jurisdiction VA CODE SECTION
Aiding prostitution or illicit sexual intercourse, etc. 18.2-348
Brandishing a machete or other bladed weapon with intent to intimidate 18.2-282.1
Criminal Street Gang - Recruitment of persons for criminal street gang 18.2-46.3
Criminal Street Gang – Enhanced punishment for gang activity taking place in a gang-free zone 18.2-46.3:3
Criminal Street Gang - Third or subsequent conviction of criminal street gang crimes 18.2-46.3:1
Criminal Street Gang Participation 18.2-46.2
Discharging firearms or missiles within or at building or dwelling house 18.2-279
Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance 18.2-282
Prostitution; commercial sexual conduct; commercial exploitation of a minor 18.2-346
Rioting 18.2-405
Setting spring gun or other deadly weapon 18.2-281
Shooting from vehicles so as to endanger persons 18.2-286.1
Stalking 18.2-60.3
Unlawful assembly 18.2-406
Using vehicles to promote prostitution or unlawful sexual intercourse 18.2-349
Violation of a Protective Order 16.1-253.2
Violation of a Protective Order 18.2-60.4
Wearing of body armor while committing a crime 18.2-287.2
Willfully discharging firearms in public places 18.2-280

Any violation of:

OFFENSE Or Substantially Similar Offense Under the Laws of Another Jurisdiction VA CODE SECTION
Abduction - Threatening, attempting or assisting in such abduction 18.2-49
Abduction (Kidnapping) 18.2-47.A or 18.2-47.B
Abduction for Immoral Purposes 18.2-48
Abuse and Neglect of Children 18.2-371.1
Abuse and Neglect of Incapacitated Adults 18.2-369
Advocacy of change in government by force, violence or other unlawful means [“coup” or “coup d’etat”] 18.2-484
Aggressive Use of a Machine Gun 18.2-290
Arson  
Arson – Burning Building or Structure While in Such Building or Structure with Intent to Commit Felony 18.2-82
Arson – Burning or Destroying Any Other Building or Structure (Exception: A child-placing agency may approve as a kinship foster parent an applicant convicted of any misdemeanor offense under § 18.2-80, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed from the date of the conviction and the child-placing agency makes a specific finding that approving the kinship foster care placement would not adversely affect the safety and well-being of the child. § 63.2-901.1) 18.2-80
Arson – Burning or Destroying Dwelling House, Etc. 18.2-77
Arson – Burning or Destroying Meeting House, Etc. 18.2-79
Arson – Burning or Destroying Personal Property, Standing Grain, Etc. (Exception: A child-placing agency may approve as a kinship foster parent an applicant convicted of any misdemeanor offense under § 18.2-81, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed from the date of the conviction and the child-placing agency makes a specific finding that approving the kinship foster care placement would not adversely affect the safety and well-being of the child. § 63.2-901.1) 18.2-81
Arson – Causing, Inciting, Etc. Threats to Bomb or Damage Buildings or Means of Transportation; False Information as to Danger to Such Buildings, Etc. 18.2-84
Arson – Manufacture, Possession, Use, Etc. of Fire Bombs or Explosive Materials or Devices 18.2-85
Arson – Setting Fire to Woods, Fences, Grass, Etc. 18.2-86
Arson – Setting Off Chemical Bombs Capable of Producing Smoke in Certain Public Buildings (Exception: A child-placing agency may approve as a kinship foster parent an applicant convicted of any misdemeanor offense under § 18.2-87.1, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed from the date of the conviction and the child-placing agency makes a specific finding that approving the kinship foster care placement would not adversely affect the safety and well-being of the child. § 63.2-901.1) 18.2-87.1
OFFENSE Or Substantially Similar Offense Under the Laws of Another Jurisdiction VA CODE SECTION
Arson – Setting Woods, Etc., on Fire Intentionally Whereby Another is Damaged or Jeopardized (Exception: A child-placing agency may approve as a kinship foster parent an applicant convicted of any misdemeanor offense under § 18.2-87, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed from the date of the conviction and the child-placing agency makes a specific finding that approving the kinship foster care placement would not adversely affect the safety and well-being of the child. § 63.2-901.1) 18.2-87
Arson – Threats to Bomb or Damage Buildings or Means of Transportation; False Information as to Danger to Such Buildings, Etc. (Exception: A child-placing agency may approve as a kinship foster parent an applicant convicted of any misdemeanor offense under § 18.2-83, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed from the date of the conviction and the child-placing agency makes a specific finding that approving the kinship foster care placement would not adversely affect the safety and well-being of the child. § 63.2-901.1) 18.2-83
Arson- Carelessly Damaging Property by Fire (Exception: A child-placing agency may approve as a kinship foster parent an applicant convicted of any misdemeanor offense under § 18.2-88, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed from the date of the conviction and the child-placing agency makes a specific finding that approving the kinship foster care placement would not adversely affect the safety and well-being of the child. § 63.2-901.1) 18.2-88
Assault or Battery by Mob 18.2-42
Assaults and Bodily Wounding  
Assaults and Bodily Wounding – Adulteration of Food, Drink, Drugs, Cosmetics, Etc. 18.2-54.2
Assaults and Bodily Wounding – Aggravated Malicious Wounding 18.2-51.2
Assaults and Bodily Wounding – Allowing Access to Firearms by Children 18.2-56.2
Assaults and Bodily Wounding – Assault and Battery (Exception: A child-placing agency may approve as a foster or adoptive parent an applicant convicted of not more than one misdemeanor under § 18.2-57, or any substantially similar offense under the laws of another jurisdiction, not involving the abuse, neglect, or moral turpitude of a minor, provided 10 years have elapsed following the conviction. §§ 63.2-901.1; 63.2-1721) 18.2-57
Assaults and Bodily Wounding – Assault and Battery Against a Family or Household Member 18.2-57.2
Assaults and Bodily Wounding – Attempts to Poison 18.2-54.1
Assaults and Bodily Wounding – Bodily Injuries Caused by Prisoners, State Juvenile Probationers, and State and Local Adult Probationers or Adult Parolees 18.2-55
Assaults and Bodily Wounding – Disarming a Law-Enforcement or Correctional Officer 18.2-57.02
Assaults and Bodily Wounding – Hazing a Youth Gang Members 18.2-55.1
Assaults and Bodily Wounding – Hazing of a Student at Any School, College, or University 18.2-56
OFFENSE Or Substantially Similar Offense Under the Laws of Another Jurisdiction VA CODE SECTION
Assaults and Bodily Wounding – Maiming, Etc., of Another Resulting From Driving While Intoxicated 18.2-51.4
Assaults and Bodily Wounding – Maiming, Etc., of Another Resulting From Operating a Watercraft While Intoxicated 18.2-51.5
Assaults and Bodily Wounding - Malicious Wounding by Mob 18.2-41
Assaults and Bodily Wounding – Malicious Bodily Injury by Means of Any Caustic Substance or Agent or Use of Any Explosive or Fire 18.2-52
Assaults and Bodily Wounding – Malicious Bodily Injury to Law-Enforcement Officers, Firefighters, Search and Rescue Personnel, or Emergency Medical Service Providers 18.2-51.1
Assaults and Bodily Wounding – Pointing Laser at Law-Enforcement Officer 18.2-57.01
Assaults and Bodily Wounding – Possession of Infectious Biological Substances or Radiological Agents 18.2-52.1
Assaults and Bodily Wounding – Reckless Endangerment of Others by Throwing Objects from Places Higher than One Story 18.2-51.3
Assaults and Bodily Wounding – Reckless Handling of Firearms; Reckless Handling While Hunting 18.2-56.1
Assaults and Bodily Wounding – Shooting, Etc. in Committing or Attempting a Felony 18.2-53
Assaults and Bodily Wounding – Shooting, Stabbing, Etc. With Intent to Maim, Kill, Etc. 18.2-51
Assaults and Bodily Wounding – Strangulation of Another 18.2-51.6
Assaults and Bodily Wounding – Use or Display of Firearm in Committing a Felony 18.2-53.1
Burning cross on property of another or public place with intent to intimidate 18.2-423
Burning object on property of another or a highway or other public place with intent to intimidate 18.2-423.01
Carjacking 18.2-58.1
Commercial sex trafficking 18.2-357.1
Commission of certain offenses in county, city or town declared by Governor to be in state of riot or insurrection 18.2-413
Commission of felony while in jail 53.1-203
Commission of felony while in juvenile facility or detention home 18.2-477.2
Conspiracy or incitement to riot 18.2-408
Conspiring to incite one race to insurrection against another race 18.2-485
Crimes Against Nature Involving Children (involving family member) 18.2-361.B
Delivery of Drugs to Prisoners 18.2-361.B
Displaying noose on property of another or a highway or other public place with intent to intimidate 18.2-423.2
Employing or Permitting a Minor to Assist in – Advertising, Etc., Obscene Items, Exhibitions, or Performances (included because of 18.2-379) 18.2-376
Employing or Permitting a Minor to Assist in – Coercing Acceptance of Obscene Articles or Publications (included because of 18.2-379) 18.2-378
OFFENSE Or Substantially Similar Offense Under the Laws of Another Jurisdiction VA CODE SECTION
Grooming Video or Materials to a Child  
Employing or Permitting a Minor to Assist in – Indecent Exposure (included because of 18.2-379) 18.2-387
Employing or Permitting a Minor to Assist in – Obscene Exhibitions and Performances (included because of 18.2-379) 18.2-375
Employing or Permitting a Minor to Assist in – Obscene Sexual Display (included because of 18.2-379) 18.2-387.1
Employing or Permitting a Minor to Assist in – Possession, Reproduction, Distribution, Solicitation, and Facilitation of Child Pornography 18.2-374.1:1
Employing or Permitting a Minor to Assist in – Production, Publication, Sale, Financing Etc., of Child Pornography 18.2-374.1
Employing or Permitting a Minor to Assist in – Production, Publication, Sale, Possession, Etc., of Obscene Items (included because of 18.2-379) 18.2-374
Employing or Permitting a Minor to Assist in – Unlawful Dissemination or Sale of Images of Another 18.2-386.2
Employing or Permitting a Minor to Assist in – Use of Communications Systems to Facilitate Certain Offenses Involving Children 18.2-374.3
Employing or Permitting a Minor to Assist in an Act Constituting an Offense Under Article 5 (18.2-372 et seq.) of Chapter 8 of Title 18.2 18.2-379
Enticing another into a dwelling house with intent to commit certain felonies 18.2-50.3
Escape by persons committed to facility for sexually violent predators 37.2-917
Escape by setting fire to jail 18.2-480
Escape from jail 18.2-477
Escape from jail or custody by force or violence without setting fire to jail 18.2-478
Escape from juvenile facility 18.2-477.1
Escape without force or violence or setting fire to jail 18.2-479
Extortion by Threat 18.2-59
Failure to Secure Medical Attention for an Injured Child 18.2-314
Incest 18.2-366
Injury to property or persons by persons unlawfully or riotously assembled 18.2-414
Murder or Manslaughter  
Murder or Manslaughter – Felony Homicide 18.2-33
Murder or Manslaughter – Involuntary Manslaughter 18.2-36
Murder or Manslaughter – Involuntary Manslaughter; Driving a Vehicle While Under the Influence 18.2-36.1
Murder or Manslaughter – Involuntary Manslaughter; Operating a Watercraft While Under the Influence 18.2-36.2
Murder or Manslaughter – Killing a Fetus 18.2-32.2
Murder or Manslaughter – Murder of a Pregnant Woman 18.2-32.1
Murder or Manslaughter – Murder, Capital 18.2-31
Murder or Manslaughter – Murder, First and Second Degree 18.2-32
Murder or Manslaughter – Voluntary Manslaughter 18.2-35
Pandering 18.2-355
OFFENSE Or Substantially Similar Offense Under the Laws of Another Jurisdiction VA CODE SECTION
Penetration of mouth of child with lascivious intent 18.2-370.6
Placing swastika on certain property with intent to intimidate 18.2-423.1
Possession of firearm while in possession of certain controlled substances 18.2-308.4
Possession or Use of a Sawed-Off Shotgun or Rifle 18.2-300
Providing false information or failing to provide sex offender registration information 18.2-472.1
Receiving money for procuring person 18.2-356
Receiving money from earnings of prostitute 18.2-357
Robbery 18.2-58
Sex offenses prohibiting entry onto school or other property 18.2-370.5
Sex offenses prohibiting proximity to children 18.2-370.2
Sex offenses prohibiting residing in proximity to children 18.2-370.3
Sex offenses prohibiting working on school property 18.2-370.4
Sexual Assault  
Sexual Assault – Aggravated Sexual Battery 18.2-67.3
Sexual Assault – Attempted Aggravated Sexual Battery 18.2-67.5
Sexual Assault – Attempted Forcible Sodomy 18.2-67.5
Sexual Assault – Attempted Object Sexual Penetration 18.2-67.5
Sexual Assault – Attempted Rape 18.2-67.5
Sexual Assault – Attempted Sexual Battery 18.2-67.5
Sexual Assault – Carnal Knowledge of a Child Between 13 and 15 Years of Age 18.2-63
Sexual Assault – Carnal Knowledge of an Inmate, Parolee, Probationer, Detainee, or Pretrial or Post Trial Offender 18.2-64.2
Sexual Assault – Carnal Knowledge of Certain Minors 18.2-64.1
Sexual Assault – Forcible Sodomy 18.2-67.1
Sexual Assault – Infected Sexual Battery 18.2-67.4:1
Sexual Assault – Object Sexual Penetration 18.2-67.2
Sexual Assault – Rape 18.2-61
Sexual Assault – Repeat offender (felony conviction after prior misdemeanor convictions of sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of § 18.2-67.5.C, a violation of § 18.2-371 involving consensual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus with a child, indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387, or a violation of § 18.2-130) 18.2-67.5:1
Sexual Assault – Repeat offender (life imprisonment for offense based on prior sexual assault convictions) 18.2-67.5:3
Sexual Assault – Repeat offender (maximum sentence for offense based on prior sexual assault convictions) 18.2-67.5:2
Sexual Assault – Sexual Abuse of a Child under 15 Years of Age 18.2-67.4:2
Sexual Assault – Sexual Battery 18.2-67.4
Taking Indecent Liberties with Children 18.2-370
Taking Indecent Liberties with Children (by person in custodial or supervisory position to child) 18.2-370.1
Terrorism - Committing, conspiring and aiding and abetting acts of terrorism 18.2-46.5
OFFENSE Or Substantially Similar Offense Under the Laws of Another Jurisdiction VA CODE SECTION
Terrorism - Act of bioterrorism against agricultural crops or animals 18.2-46.7
Terrorism - Possession, manufacture, distribution, etc. of weapon of terrorism or hoax device 18.2-46.6
Threats against the Governor or his immediate family 18.2-60.1
Threats of Death or Bodily Injury 18.2-60
Treason 18.2-481
Unlawful Paramilitary activity 18.2-433.2
Use of a Machine Gun in a Crime of Violence 18.2-289

"Barrier crime" under Code § 19.2-392.02, Clause (ii) includes:

Any violation of:

OFFENSE Or Substantially Similar Offense Under the Laws of Another Jurisdiction VA CODE SECTION
Burglary 18.2-89
Burglary – Breaking and Entering Dwelling House with Intent to Commit Other Misdemeanor 18.2-92
Burglary – Entering Bank, Armed, with Intent to Commit Larceny 18.2-93
Burglary – Entering Dwelling House, Etc., with Intent to Commit Larceny, Assault and Battery, or Other Felony (Exception: A child-placing agency may approve as a foster parent an applicant convicted of statutory burglary for breaking and entering a dwelling home or other structure with intent to commit larceny or any substantially similar offense under the laws of another jurisdiction, who has had his civil rights restored by the Governor or other appropriate authority, provided that 25 years have elapsed following the conviction. § 63.2-1721) 18.2-91
Burglary – Entering Dwelling House, Etc., with Intent to Commit Murder, Rape, Robbery, or Arson 18.2-90
Burglary – Possession of Burglarious Tools, Etc. 18.2-94

"Barrier crime" under Code § 19.2-392.02, Clause (iii) is:

Exception: A child-placing agency may approve as a foster or adoptive parent who has conviction of any offense in under clause (iii) of barrier crime definition in Code § 19.2-392.02 or any substantially similar offense in another jurisdiction, who has had civil rights restored by Governor or other authority, if twenty years have elapsed since conviction. (§ 63.2-1721)

Any FELONY violation of:

OFFENSE Or Substantially Similar Offense Under the Laws of Another Jurisdiction VA CODE SECTION
Possession or Distribution of Drugs – Allowing a Minor or Incapacitated Person to be Present During Manufacture or Attempted Manufacture of 18.2-248.02
OFFENSE Or Substantially Similar Offense Under the Laws of Another Jurisdiction VA CODE SECTION
Methamphetamine  
Possession or Distribution of Drugs – Assisting Individuals in Unlawfully Procuring Prescription Drugs 18.2-258.2
Possession or Distribution of Drugs – Certain Premises Deemed Common Nuisance 18.2-258
Possession or Distribution of Drugs – Distributing Certain Drugs to Persons under 18 18.2-255
Possession or Distribution of Drugs – Maintaining a Fortified Drug House 18.2-258.02
Possession or Distribution of Drugs – Manufacturing, Selling, Giving, Distributing, or Possessing with the Intent to Distribute the Substances Gamma-Butyrolactone or 1, 4- Butanediol When Intended for Human Consumption 18.2-251.3
Possession or Distribution of Drugs – Manufacturing, Selling, Giving, Distributing, or Possessing with the Intent to Manufacture, Sell, Give, or Distribute Any Anabolic Steroid 18.2-248.5
Possession or Distribution of Drugs – Manufacturing, Selling, Giving, Distributing, or Possessing with Intent to Manufacture, Sell, Give, or Distribute a Controlled Substance or an Imitation Controlled Substance 18.2-248
Possession or Distribution of Drugs – Manufacturing, Selling, Giving, Distributing, or Possessing with Intent to Manufacture, Sell, Give, or Distribute Methamphetamine 18.2-248.03
Possession or Distribution of Drugs – Obtaining Drugs, Procuring Administration of Controlled Substances, Etc., by Fraud, Deceit, or Forgery 18.2-258.1
Possession or Distribution of Drugs – Possession and Distribution of Flunitrazepam 18.2-251.2
Possession or Distribution of Drugs – Sale, Gift, Distribution, or Possession with Intent to Sell, Give, or Distribute Marijuana 18.2-248.1
Possession or Distribution of Drugs – Sale or Manufacture of Drugs On or Near Certain Properties 18.2-255.2

"Barrier crime" under Code § 19.2-392.02, Clause (iv) is:

Exception: A child-placing agency may approve as a foster parent or adoptive parent an applicant convicted of any offense set forth in § 18.2-250, or any substantially similar offense under the laws of another jurisdiction, not involving the abuse, neglect, or moral turpitude of a minor, who has had his civil rights restored by the Governor or other appropriate authority, provided 10 years have elapsed following the conviction or 8 years have elapsed following the conviction and the applicant (i) has complied with all obligations imposed by the criminal court; (ii) has completed a substance abuse treatment program; (iii) has completed a drug test administered by a laboratory or medical professional within 90 days prior to being approved, and such test returned with a negative result; and (iv) complies with any other obligations as determined by the Department.( §§ 63.2-901.1, 63.2- 1721)

 Exception: A child-placing agency may approve as a kinship foster parent an applicant who has been convicted of any offense set forth in § 18.2-250, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed from the date of the conviction and the child-placing agency makes a specific finding that approving the kinship foster care placement would not adversely affect the safety and well-being of the child.

Any FELONY violation of:

OFFENSE Or Substantially Similar Offense Under the Laws of Another Jurisdiction VA CODE SECTION
Possession or Distribution of Drugs – Possession of Controlled Substances 18.2-250

"Barrier crime" under Code § 19.2-392.02, Clause (v) is:

  • Any offense set forth in § 9.1-902 that results in the person's requirement to register with the Sex Offender and Crimes Against Minors Registry pursuant to § 9.1-901, including any finding that a person is not guilty by reason of insanity in accordance with Chapter 11.1 (§ 19.2-182.2 et seq.) of Title 19.2 of an offense set forth in § 9.1-902 that results in the person's requirement to register with the Sex Offender and Crimes Against Minors Registry pursuant to § 9.1-901; Offenses that require registration can be found at https://sex-offender.vsp.virginia.gov/sor/index.html
  • Any substantially similar offense under the laws of another jurisdiction; or
  • 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

§ 9.1-902. Offenses requiring registration.

A. For purposes of this chapter:

"Offense for which registration is required" includes:

  1. Any offense listed in subsection B;
  2. Criminal homicide;
  3. Murder;
  4. A sexually violent offense;
  5. Any offense similar to those listed in subdivisions 1 through 4 under the laws of any foreign country or any political subdivision thereof, the United States or any political subdivision thereof; and
  6. 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.

B. The offenses included under this subsection include any violation of, attempted violation of, or conspiracy to violate:

1. § 18.2-63 unless registration is required pursuant to subdivision E 1; § 18.2-64.1; former § 18.2-67.2:1; § 18.2-90 with the intent to commit rape; former § 18.1-88 with the intent to commit rape; any felony violation of § 18.2-346; any violation of subdivision (4) of § 18.2-355; any violation of subsection C of § 18.2-357.1; subsection B or C of § 18.2-374.1:1; former subsection D of § 18.2-374.1:1 as it was in effect from July 1, 1994, through June 30, 2007; former clause (iv) of subsection B of §

18.2-374.3 as it was in effect on June 30, 2007; subsection B, C, or D of § 18.2-374.3; or a third or subsequent conviction of (i) § 18.2-67.4, (ii) § 18.2-67.4:2, (iii) subsection C of

§ 18.2-67.5, or (iv) § 18.2-386.1.

If the offense was committed on or after July 1, 2006, § 18.2-91 with the intent to commit any felony offense listed in this section; subsection A of § 18.2-374.1:1; or a felony under § 18.2-67.5:1.

2. Where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection A of § 18.2-47, clause (i) of § 18.2-48, § 18.2-67.4, subsection C of § 18.2-67.5, § 18.2-361, § 18.2-366, or a felony violation of former § 18.1-191.

3. § 18.2-370.6.

4. If the offense was committed on or after July 1, 2016, and where the perpetrator is 18 years of age or older and the victim is under the age of 13, any violation of § 18.2-51.2.

5. If the offense was committed on or after July 1, 2016, any violation of § 18.2-356 punishable as a Class 3 felony or any violation of § 18.2-357 punishable as a Class 3 felony.

C. "Criminal homicide" means a homicide in conjunction with a violation of, attempted violation of, or conspiracy to violate clause (i) of § 18.2-371 or § 18.2-371.1, when the offenses arise out of the same incident.

D. "Murder" means a violation of, attempted violation of, or conspiracy to violate § 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 age but under 18 years of age and the murder is related to an offense listed in this section or a violation of former § 18.1-21 where the victim is (a) under 15 years of age or (b) at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section.

E. "Sexually violent offense" means a violation of, attempted violation of, or conspiracy to violate:

1. Clause (ii) and (iii) of § 18.2-48, former § 18.1-38 with the intent to defile or, for the purpose of concubinage or prostitution, a felony violation of subdivision (2) or (3) of former § 18.1-39 that involves assisting or aiding in such an abduction, § 18.2-61, former

§ 18.1-44 when such act is accomplished against the complaining witness's will, by force, or through the use of the complaining witness's mental incapacity or physical helplessness, or if the victim is under 13 years of age, subsection A of § 18.2-63 where the perpetrator is more than five years older than the victim, § 18.2-67.1, § 18.2-67.2, § 18.2-67.3, former § 18.1-215 when the complaining witness is under 13 years of age, § 18.2-67.4 where the perpetrator is 18 years of age or older and the victim is under the age of six, subsections A and B of § 18.2-67.5, § 18.2-370, subdivision (1), (2), or (4) of former § 18.1-213, former § 18.1-214, §18.2-370.1, or § 18.2-374.1; or

2. § 18.2-63, § 18.2-64.1, former § 18.2-67.2:1, § 18.2-90 with the intent to commit rape or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection A of § 18.2-47, § 18.2-67.4, subsection C of § 18.2- 67.5, clause (i) of § 18.2-48, § 18.2-361, § 18.2-366, or subsection C of § 18.2-374.1:1. An offense listed under this subdivision shall be deemed a sexually violent offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that person had been at liberty between such convictions or adjudications;

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

4. Chapter 117 (18 U.S.C. § 2421 et seq.) of Title 18 of the United States Code or sex trafficking (as described in § 1591 of Title 18, U.S.C.).

F. "Any offense listed in subsection B," "criminal homicide" as defined in this section, "murder" as defined in this section, and "sexually violent offense" as defined in this section includes (i) any similar offense under the laws of any foreign country or any political subdivision thereof, the United States or any political subdivision thereof or (ii) 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.

G. Juveniles adjudicated delinquent shall not be required to register; however, where the offender is a juvenile over the age of 13 at the time of the offense who is tried as a juvenile and is adjudicated delinquent on or after July 1, 2005, of any offense for which registration is required, the court may, in its discretion and upon motion of the attorney for the

Commonwealth, find that the circumstances of the offense require offender registration…

"Barrier crime" under Code § 19.2-392.02, Clause (vi) is:

Any other felony not included in clause (i), (ii), (iii), (iv), or (v) unless five years have elapsed from the date of the conviction.

 

 

Fill out our web form