Felonies and Misdemeanors Barriers to Being a Foster Parent?
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 about 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 agency/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:
- Any offense listed in subsection B;
- Criminal homicide;
- Murder;
- A sexually violent offense;
- 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
- 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.
