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House Bill 1485 to Affect Out of State Sex Offenders

CrimLawyer

Virginia Governor Terry McAuliffe signed off on House Bill 1485, which amends the current laws regarding sex offenders, registry, and the places they are allowed to live. The bill will go into effect on July 1st, according to The Cavalier Daily. Currently, all Virginia sex offenders must register as a sex offender within three days of moving to a new residence under the current law. A sex offender from another state or country, on the other hand, is not required to register when moving to Virginia. The bill changes that by expanding the qualifying sex crimes to include those of other states and countries that are similar to Virginia’s laws. In Virginia, all people who have been found guilty of committing the following crimes must register as a sex offender, according to Virginia State Police:

  • Abduction for immoral purpose;
  • Rape;
  • Carnal knowledge of a minor aged 13-14 where the perpetrator is more than five years older than the victim;
  • Forcible sodomy;
  • Sexual contact when the victim is under 13;
  • Sexual battery where the perpetrator is 18 or older and the victim is under the age of six;
  • Attempted rape;
  • Forcible sodomy;
  • Object sexual penetration;
  • Aggravated sexual battery;
  • Taking indecent liberties with a minor;
  • Taking indecent liberties with a minor by a person in a custodial or supervisory relationship;
  • Production, distribution, financing, etc. of child pornography; and
  • Sex trafficking.

Those who have committed certain other sex offenses more than once may also be required to register as a sex offender.

All Sex Offenders Banned From Being Within 100 Feet of a School

Virginia’s old law restricted Virginia sex offenders from being within 100 feet of a school, playground, child care center, gymnasium, athletic field, or athletic facility. Virginia sex offenders are also not allowed to work or volunteer at a school or daycare center. The bill expands the reach of the current law to include those who have committed similar acts out of state or out of the country. According to Delegate Dickie Bell (R-Staunton) of the House of Delegates, who introduced the bill, “The problem arose because folks convicted of the same crimes in other jurisdictions, in other states for example, could come into Virginia and actually get a free pass,” as reported by WHSV 3 News.

Call a Loudoun County, Leesburg, Winchester, Fairfax, and Prince William Attorney Today

The penalty for not registering as a sex offender can result in a serious fine or even jail time. All sex offenders must register within three days of their release from jail or prison, and this bill will mean that all out of state offenders must register as well. As per Virginia statute § 18.2-472.1, failure to properly register as a sex offender is a Class A misdemeanor for a first offense and a Class 6 felony for a second offense. If you have any question about whether you need to register for an offense that you have been found guilty of, do not hesitate to contact an attorney immediately. Call Simms Showers, LLP today at 703-997-782.

Resources:

cavalierdaily.com/article/2017/03/mcauliffe-signs-sex-offender-bill

whsv.com/content/news/Governor-signs-Delegate-Bells-House-Bill-1485-416782193.html

sex-offender.vsp.virginia.gov/sor/statutes.html

Disclaimer: This legal alert is provided for general information purposes only and is not a substitute for legal advice particular to your situation. No recipients of this memo should act or refrain from acting solely on the basis of this memorandum without seeking professional legal counsel. Simms Showers LLP expressly disclaims all liability relating to actions taken or not taken based solely on the content of this memorandum. Please contact Caleb Kershner or Ben Mann at cak@simmsshowerslaw.com, wbm@simmsshowerslaw.com, or (703) 771-4671 for greater details concerning how this information may affect you.
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