The Va. Code 16.1-278.7:02 calls on the Department of State Police to issue specific individuals with a Notice of Sex Offender Registry requirements. The department must serve you with the notice before releasing or discharging you. The notice generally contains information regarding your responsibility to register with state law enforcement. You will have to register and present yourself to be photographed during the registration process. You will also be required to submit details regarding your employment, if necessary. The officers will acquire crucial information from you, including fingerprints and photographs. The state law enforcement must also approve the type of pictures you submit. If you have recently received a notice of sex offenders and you require guidance on the process of registration, the Virginia Sex Crime Attorney can guide you and represent you throughout the process.

Categories of Individuals Issued With A Notice Of Sex Offenders

Under Va. Code 16.1-278.7:02, the Department of State Police could issue you with a notice of sex offender registration for trying to commit a crime, committing a crime, or conspiring to commit any of the following offenses:

  • Aggravated malicious wounding — in this case, the prosecutor must provide evidence that you are above 18 years and the alleged victim is below 13 years.
  • Earning income from child prostitution.
  • Penetrating a minor’s mouth with a lewd or lascivious intent.
  • Procuring a child for sex to earn income.
  • Committing certain offenses against a minor as long as the prosecutor provides evidence that you had lewd or lascivious intent.
  • Luring children through computers for sexual purposes.
  • If you commit a third or subsequent crime of sexual battery, attempted sexual battery, illegal creation of nude pictures of someone else, or sexually abusing a minor under the age of 15.
  • Engaging in prostitution or trafficking of minors below the age of 18.
  • If you commit a second crime of facilitating, distributing, soliciting, or possessing child pornography.
  • If you take a child to an outlawed place and cause the child to engage in prostitution.
  • Entering or breaking into a structure intending to commit rape or any other aggravated offense listed under the law.
  • Commercial exploitation of children or any kind of felony prostitution.
  • Engaging in canal penetration with a minor between 13 and 15 years.
  • Engaging in canal penetration with several minors.

You could also be required to register as a sex offender for the following crimes:

  • Sexual crimes similar to those outlined above could be outlined under U.S. laws, the statutes of a foreign nation, or any other political subdivision.
  • Murder.
  • Criminal homicide.
  • Any offense that requires you to register as a sex offender according to the country or county in which you were charged.

Juvenile offenders are also subject to sex offender registration requirements, whether charged as adults or juveniles. This law applies if the alleged offense requires the perpetrator to register as a sex offender. After that, you must register and re-register according to the law.

Sex Offender Registry

You must register as a sex offender if the court convicts you of any sex offense, including criminal offenses, including rape, outlined under VA Code 18.2-61 or indecent exposure under VA Code 18.2-387. Typically, registering with the Sex Offender and Crimes Against Minors Registry could influence your life negatively. An extension of your jail term could also have detrimental repercussions for you. The repercussions could negatively impact your political, social, and professional careers. Therefore, you should consult a skilled attorney to represent you if you face any sex charges.

Generally, the Sex Offender and Crimes Against Minors Registry statute guides the sex offender registry. Under this statute, you must register as a sex offender if you were charged with a listed sex offense as of July 1994.

History of the Sex Offender Registry

The sex offender registry began after the Adam Walsh Child Protection and Safety Act was enacted. In 2006, former U.S. President George W. Bush signed the Act into law. The law was enacted after some people abducted and murdered a minor named Adam Walsh from a shopping mall in Florida in 1981. The criminals who executed the murder of Adam Walsh were apprehended 27 years later. Adam's father, John Walsh, became a famous advocate for missing and exploited minors. Often, John Walsh hosted a program on television known as "America's Most Wanted." The acclaimed program highlighted offenses committed by various fugitives of justice. This show led to the arrest and conviction of most of these criminals.

Individuals required to register as sex offenders often face harassment, mainly from their neighbors, after the introduction of the registry. Several reports have emerged from the media about individuals who occupy the former residences of registered persons. According to the reports, individuals from these homes are often the targets of their neighbors. In addition, many neighbors fail to realize that the registered persons have left their homes and new innocent individuals have come in.

The state law enforcement continues to offer sex offender registry services. If you were charged with an offense that needed registration on or after July 1, 1994, you must register under the Act. In addition, you have to register with the city or county in which you reside after securing your release from custody.

The duty of the Registry of Sex Offenders and Crimes Against Minors is to keep track of individuals that the court charges with committing severe offenses against minors. Most sex offenses in Virginia have this repercussion. Under the law, the registry follows Chapter 9 of Title 9.1. The registry aligns with the General Assembly's decision to provide information about individuals charged with violent sexual crimes to the public. In this case, instead of warning the society about certain sex offenders, the community is made aware of specific sex offenders.

You must register as a sex offender if you are found guilty of committing certain crimes against minors, whether juveniles or adults. The crimes include distributing child pornography, murder, rape, and sexual abuse. Title 9.1 lists all the offenses that you need to register for.

Registering With the Police

You are required to register as a sex offender if the court charges you with particular crimes. You must register with the state law enforcement if the law requires you to register as an offender in Virginia. You must present yourself for registration. You must also provide evidence of your residency during the registration process.

You also have to provide two photographs and your fingerprints. Usually, if you change your address or residence, the law allows you a period that does not exceed three days to register the new address or residence with the police and law enforcement agencies.

The law requires you to register as a sex offender even if you only work in Virginia and stay in another state. So, for example, you will still need to register with the Virginia state law enforcement after a charge for specific offenses, even if you live in Maryland and work in Manassas.

Your name will be on the record for a period that does not exceed 15 years if the court charges you with a sex crime and you register on the registry of sex offenders. However, you could qualify to file a petition for your name to be removed from the registry of sex offenders. In this case, you can only qualify if you have not been convicted of another related offense or multiple offenses.

Your name will be available on the Sex Offender Database once the Department of State Police issues you with a notice to register as a sex offender. The public can access your registration information from the registry of sex offenders, including your neighbors and co-workers. However, if you defend your sex crime charges well, your name will not be entered into the sex offender registry.

Home or Workplace Visit

Once you register as a sex offender, the police will pay you a visit to your home or workplace every six months. The law generally allows home visits, and the police do not disclose the time and date when they will visit you. However, it is not a requirement to visit the registered person’s place of work. You can also stop the police from visiting your workplace, even if you are on the registry.

Additional Information

You should provide additional information to the police as follows:

  • If you change your instant message name, chat room name, email address, or other online user information, you should let the police know within 30 minutes of making the change.
  • If you change your car's registration or secure a new job, notify the police or sheriff within three days.
  • You should notify the police or sheriff if you plan to leave Virginia, where you registered. You must provide the police with details of where you are moving to. You should inform the law enforcers ten days before you leave.
  • You should register with the police or sheriff’s office in your new city or county within three days if you move within the state.

Levels Of Registration

The Sex Offender Registration and National Act (SORNA) has similar registration guidelines for all sex offenders in the U.S., regardless of the state in which you live. The Act typically encourages states to increase the number of offenses requiring registration by including certain juvenile crimes. SORNA has a well-explained risk evaluation tool in place. The tool outlines high- and low-risk individuals and the period for which your information should remain in the sex offender registry. According to SORNA, there are three levels of registration:

  • Tier I — Under this level, you are required to register as a sex offender for a period that does not exceed 15 years. Fortunately, there is a possibility for you to be removed from the sex offender registry after 10 years.
  • Tier II — Under this level, you are required to register as a sex offender for a period that does not exceed 20 years, with no possibility of having your name removed from the registry.
  • Tier III — Under this level, you are required to register as a sex offender for life. Juvenile offenders under this tier can have their names removed from the registry. On the other hand, adult offenders cannot have their names removed from the registry.

Sex Crimes And Non-Residents

If the court charges you with a sex crime, you could face the consequences for an extended period, even after you have successfully finished your jail term. The situation is not different for individuals who commit sex crimes and are non-residents. If you are a non-resident and the court convicts you of a crime that needs registration as a sex offender in your home state, you must first register in Virginia if:

  • You came for employment.
  • You have extended your visit, or
  • You came to Virginia to study.

The law requires you to register within three days after entering the state. However, retroactive treatment could apply if offenses currently not outlined as sex offenses are classified as such. In this case, the court could order you in the future to register as a sex offender if you are charged with an offense that is not currently listed as a sex offense. This could happen if future legislation, which outlines the offense as a sex offense, passes.

Other Requirements For Sex Offender Registration

Once you register as a sex offender, the state law enforcers will forward your registration details to the following facilities:

  • Children’s residential facilities.
  • Foster homes.
  • School districts, and
  • Daycare businesses.

When you move into the community as a registered person, these organizations often request to be informed. The law enforcers will always show up at your doorstep without notice every six months. The visit aims to ensure you follow all the requirements of the registry. However, sometimes the police could visit you when you are not around and find someone else. In this case, they will leave behind their contact information with an order that you reach out to them immediately.

After 15 years, you can file a petition to have your name deleted from the registry. This can only happen if you have not been charged with a sexually violent crime or murder. You must also prove that you have not faced more than two crimes for which you must register as a sex offender. You can only succeed with your petition if you file one with the court that charged you. The judge will then schedule a hearing on your petition request to listen to your case. The court will only delete your name from the registry if it is convinced you are not a danger to the public. It is also advisable that you consult a skilled attorney before filing the petition with the court.

Penalties For Failing To Register As A Sex Offender

You could face severe consequences if the Department of State Police issues you with a notice to register as a sex offender and you fail to do so. Under Virginia law, it is a Class 1 misdemeanor offense if you provide false information or fail to register as a sex offender. In addition, if you committed a non-violent sex crime, you could face misdemeanor charges for your first conviction. Under Va. Code 18.2-472.1, the typical penalties for a Class 1 misdemeanor include:

  • A jail term that does not exceed one year in a county jail.
  • A fine that does not exceed $2,500.

Sometimes, the court could convict you a second time due to your subsequent failure to register as a sex offender. If you have committed a non-violent sex crime, the prosecutor could prosecute the crime as a Class 6 felony. In this case, you could face the following penalties:

  • A jail term that does not exceed five years.
  • A fine that does not exceed $2,500.

However, at their discretion, judges could sentence you to a jail term that does not exceed one year.

The prosecutor could charge you with a Class 6 felony crime if you fail to register as a sex offender after facing murder charges. In addition, you could face class 5 felony charges for a second or subsequent crime. The penalties for a class 5 felony include the following:

  • A fine that does not exceed $2,500.
  • A jail term that does not exceed ten years.

You could face a jail term that does not exceed one year if the jury or judge deems a lighter punishment appropriate.

Generally, the punishment for failing to register as a sex offender is always severe, especially if the department issues you with a notice of registration. Therefore, you should contact an experienced attorney in these cases to help you rather than try to defend yourself. Your attorney will examine your case and create the best defense to challenge your charges.

Renewal Of Sex Offender Registration

If you are a registered sex offender, you are required to renew your sex registration every year. However, if you buy a new car or your address or job changes, you must renew your registration before one year ends. You must also renew your registration every 90 days if you are charged with a violent sexual crime or murder.

If you fail to register or re-register as a sex offender, the court could increase your annual registration to every 180 days. This could similarly apply if you give misleading information while registering as a sex offender. Additionally, the 90-day registration requirement for murder and violent sex crimes could be reduced to every 30 days if you commit any of the mentioned crimes.

Petition For Time Increase For Registration Renewal

Under Va. Code 9.1-909, you can file a petition to amend your registration frequency renewal from 90 days to one year. However, you can only succeed with this petition if you observe the registration renewal guidelines for the first three years. If the court imposes frequent registration renewals on you because you gave misleading information during registration, you will have to wait five years before petitioning. You must also be patient for five years before petitioning if the frequent registration renewal happened because of a previous charge for failing to register as a sex offender.

You will have to undergo an evaluation before your registration frequency is reduced. The assessment aims to ascertain if you have any abnormal disorder or personality that prevents you from containing your sexual conduct or makes you a risk or a menace to the community. A panel of three people is usually appointed to carry out the evaluation. If the panel clears you and submits a report, the court could reduce your re-registration frequency. However, you will still be required to re-register once a year for the rest of your life.

Attempting to eliminate or change the re-registration requirement is complex because it involves complex issues. Therefore, you must contact an experienced attorney to help you navigate the justice system while filing a petition.

How An Attorney Can Help

It is always advisable to consult an attorney whenever you receive a notice to register as a sex offender or whenever you face charges for failing to register as a sex offender. An attorney will fight aggressively to defend your rights and your future.

A sex crime conviction requires you to register as a sex offender with the Department of State Police. Registering once is not enough. Whenever you move, even within Virginia, you must notify the authorities about your new address within a short period. Failure to adhere to the rules of sex offender registration could trigger an investigation and lead to additional criminal charges. An attorney will help you navigate the intricate registration process, letting you know which step to take.

Find a Criminal Defense Attorney Near Me

Once the Department of State Police issues you with a notice to register as a sex offender, you require a skilled and reliable attorney to guide you. You also need to consult a competent attorney if you are facing charges for giving misleading information while registering as a sex offender. An experienced attorney could also be a good asset if you face charges for failing to register as a sex offender. At the Virginia Sex Crime Attorney, we have experienced attorneys who would gladly assist you and defend your rights. Call us at 571-933-8494 to talk to one of our attorneys.