A. Any person subject to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, other than a person convicted of a Tier III offense or murder as defined in § 9.1-902, who knowingly fails to register, reregister, or verify his registration information, or who knowingly provides materially false information to the Sex Offender and Crimes Against Minors Registry is guilty of a Class 1 misdemeanor. A second or subsequent conviction for an offense under this subsection is a Class 6 felony.
B. Any person convicted of a Tier III offense or murder, as defined in § 9.1-902, who knowingly fails to register, reregister, or verify his registration information, or who knowingly provides materially false information to the Sex Offender and Crimes Against Minors Registry is guilty of a Class 6 felony. A second or subsequent conviction for an offense under this subsection is a Class 5 felony.
C. A prosecution pursuant to this section shall be brought in the city or county where the offender can be found or where the offender last registered, reregistered, or verified his registration information or, if the offender failed to comply with the duty to register, where the offender was last convicted of an offense for which registration or reregistration is required.
D. At any preliminary hearing pursuant to this section, an affidavit from the State Police issued as required in § 9.1-907 shall be admitted into evidence as prima facie evidence of the failure to comply with the duty to register, reregister, or verify his registration information. A copy of such affidavit shall be provided to the registrant or his counsel seven days prior to hearing or trial by the attorney for the Commonwealth.
E. The accused in any preliminary hearing in which an affidavit from the State Police issued as required in § 9.1-907 is offered into evidence pursuant to this section shall have the right to summon and call a custodian of records issuing the affidavit and examine him in the same manner as if he had been called as an adverse witness. Such witness shall appear at the cost of the Commonwealth.
F. At any trial or hearing other than a preliminary hearing conducted pursuant to this section, an affidavit from the State Police issued as required in § 9.1-907 shall constitute prima facie evidence of the failure to comply with the duty to register, reregister, or verify his registration information, provided the requirements of subsection G have been satisfied and the accused has not objected to the admission of the affidavit pursuant to subsection H.
G. If the attorney for the Commonwealth intends to offer the affidavit into evidence in lieu of testimony at a trial or hearing, other than a preliminary hearing, he shall:
1. Provide by mail, delivery, or otherwise, a copy of the affidavit to counsel of record for the accused, or to the accused if he is proceeding pro se, at no charge, no later than 28 days prior to the hearing or trial;
2. Provide simultaneously with the copy of the affidavit so provided under subdivision 1 a notice to the accused of his right to object to having the affidavit admitted without the presence and testimony of a custodian of the records; and
3. File a copy of the affidavit and notice with the clerk of the court hearing the matter on the day that the affidavit and notice are provided to the accused.
H. In any trial or hearing, other than a preliminary hearing, the accused may object in writing to admission of the affidavit, in lieu of testimony, as evidence of the facts stated therein. Such objection shall be filed with the court hearing the matter, with a copy to the attorney for the Commonwealth, no more than 14 days after the affidavit and notice were filed with the clerk by the attorney for the Commonwealth, or the objection shall be deemed waived. If timely objection is made, the affidavit shall not be admissible into evidence unless (i) the objection is waived by the accused or his counsel in writing or before the court, or (ii) the parties stipulate before the court to the admissibility of the affidavit.
I. Where a custodian of the records is not available for hearing or trial and the attorney for the Commonwealth has used due diligence to secure the presence of the person, the court shall order a continuance. Any continuances ordered pursuant to this subsection shall total not more than 90 days if the accused has been held continuously in custody and not more than 180 days if the accused has not been held continuously in custody.
J. Any objection by counsel for the accused, or the accused if he is proceeding pro se, to timeliness of the receipt of notice required by subsection G shall be made before hearing or trial upon his receipt of actual notice unless the accused did not receive actual notice prior to hearing or trial. A showing by the Commonwealth that the notice was mailed, delivered, or otherwise provided in compliance with the time requirements of this section shall constitute prima facie evidence that the notice was timely received by the accused. If the court finds upon the accused's objection made pursuant to this subsection, that he did not receive timely notice pursuant to subsection G, the accused's objection shall not be deemed waived and if the objection is made prior to hearing or trial, a continuance shall be ordered if requested by either party. Any continuance ordered pursuant to this subsection shall be subject to the time limitations set forth in subsection I.
K. For the purposes of this section any conviction for a substantially similar offense under the laws of (i) any foreign country or any political subdivision thereof, or (ii) any state or territory of the United States or any political subdivision thereof, the District of Columbia, or the United States shall be considered a prior conviction.
1997, c. 747; 1999, c. 845; 2001, c. 365; 2003, c. 584; 2006, cc. 857, 914, 931; 2008, c. 218; 2009, Sp. Sess. I, cc. 1, 4; 2010, c. 656; 2011, c. 285; 2020, c. 829.
Notes of Decisions
Jack Randall Young v. Commonwealth of Virginia, 830 S.E.2d 68 (Va. Ct. App. 2019).
· cites it 20× “A failure to register or reregister in a timely fashion is a violation of Code § 18.2-472.1. The penalty for such a failure is higher for one whose predicate conviction is for “a sexually violent offense.”
Purvy v. Commonwealth, 717 S.E.2d 847 (Va. Ct. App. 2011).
· cites it 28× “Purvy guilty of three counts of failing to register or reregister as a violent sexual offender, a second or subsequent offense, in violation of Code § 18.2-472.1. On appeal, Purvy argues (i) a fatal variance existed between his indictments and the proof at trial, and (ii) the…”
Marshall v. Commonwealth, 708 S.E.2d 253 (Va. Ct. App. 2011).
· cites it 38× “3, and twice convicted of failure to register as a sex offender, in violation of Code § 18.2-472.1. 1 It is also undisputed Marshall knew that, as a result of those convictions, he was required to reregister every thirty days with the Virginia State Police, as he had done…”
Johnson v. Commonwealth, 674 S.E.2d 541 (Va. Ct. App. 2009).
· cites it 14× “Raymond Mynois Johnson (“Johnson”) appeals his conviction for failure to register as a sex offender, in violation of Code § 18.2-472.1. 1 Johnson argues that the trial court erred in finding that his prior convictions in North Carolina required him to register as a sex offender…”
Jesus Davila Bailey, III v. Commonwealth of Virginia, 830 S.E.2d 62 (Va. Ct. App. 2019).
· cites it 29× “Appellant's assignment of error reads: "The trial court erred when it found Va. Code § 18.2-472.1 constitutional where that statute criminalizes Appellant's exercise of his right to speech and right to associate guaranteed by the First Amendment to the United States Constitution.”
Harris v. Commonwealth, 673 S.E.2d 483 (Va. Ct. App. 2009).
· cites it 16× “1-904(B) requires any person who has previously been convicted of a sexually violent offense 3 and has been convicted of a violation of Code § 18.2-472.1 (failure to register or re-register) shall re-register with the Department every thirty days from the date of conviction.”
Khalid Mohamed v. Eric Holder, Jr., 769 F.3d 885 (4th Cir. 2014).
· cites it 6× “4, and a 2011 conviction for failing to register as a sex offender, in violation of VaCode Ann. § 18.2-472.1. See 8 U.S.C. § 1227 (a)(2)(A)(ii) (rendering deportable an alien who is convicted of “two or more crimes involving moral turpitude”).”
Dickens v. Commonwealth, 663 S.E.2d 548 (Va. Ct. App. 2008).
· cites it 4× “BACKGROUND On March 15, 2005, appellant was convicted of failing to register as a violent sex offender in violation of Code § 18.2-472.1 and the trial court imposed, but suspended, a sentence, conditioned upon five years probation.”
John Allen Baugh, Jr. v. Commonwealth of Virginia, 809 S.E.2d 247 (Va. Ct. App. 2018).
· cites it 6× “(“appellant”) was convicted of failure to register as a sex offender, in violation of Code § 18.2-472.1. On appeal, appellant argues that the trial court erred in denying his motion to dismiss where the retroactive application of a 2007 amendment to Virginia’s Sex Offender and…”
Carlton Shell v. Commonwealth of Virginia, 763 S.E.2d 833 (Va. Ct. App. 2014).
· cites it 8× “Carlton Shell (“appellant”) was convicted by the Circuit Court of the City of Norfolk (“trial court”) for failing to register as a sex offender or providing false information, second or subsequent offense, in violation of Code § 18.2-472.1. On appeal, he asserts that the trial…”
Bradshaw v. State, 671 S.E.2d 485 (Ga. 2008).
· cites it 2× “§ 5409(a)(2); Va. Code Ann. §§ 18.2-472.1 (A), 18.2.10(f); Wash.”
Robert Batten Dunham, Jr. v. Commonwealth of Virginia, 721 S.E.2d 824 (Va. Ct. App. 2012).
· cites it 2× “In July 2010, appellant was convicted in the Richmond City Circuit Court of failing to register as a sex offender in violation of Code § 18.2-472.1. As a result of this separate conviction, on October 22, 2010, the trial court found appellant in violation of the terms and…”
— Va. Code Ann. § 18.2-472.1(A) — 7 cases
Jack Randall Young v. Commonwealth of Virginia, 830 S.E.2d 68 (Va. Ct. App. 2019).
“A failure to register or reregister in a timely fashion is a violation of Code § 18.2-472.1. The penalty for such a failure is higher for one whose predicate conviction is for “a sexually violent offense.”
Khalid Mohamed v. Eric Holder, Jr., 769 F.3d 885 (4th Cir. 2014).
“4, and a 2011 conviction for failing to register as a sex offender, in violation of VaCode Ann. § 18.2-472.1. See 8 U.S.C. § 1227 (a)(2)(A)(ii) (rendering deportable an alien who is convicted of “two or more crimes involving moral turpitude”).”
Jesus Davila Bailey, III v. Commonwealth of Virginia, 830 S.E.2d 62 (Va. Ct. App. 2019).
“Appellant's assignment of error reads: "The trial court erred when it found Va. Code § 18.2-472.1 constitutional where that statute criminalizes Appellant's exercise of his right to speech and right to associate guaranteed by the First Amendment to the United States Constitution.”
Carlton Shell v. Commonwealth of Virginia, 763 S.E.2d 833 (Va. Ct. App. 2014).
“Carlton Shell (“appellant”) was convicted by the Circuit Court of the City of Norfolk (“trial court”) for failing to register as a sex offender or providing false information, second or subsequent offense, in violation of Code § 18.2-472.1. On appeal, he asserts that the trial…”
— Va. Code Ann. § 18.2-472.1(B) — 19 cases
Jack Randall Young v. Commonwealth of Virginia, 830 S.E.2d 68 (Va. Ct. App. 2019).
“A failure to register or reregister in a timely fashion is a violation of Code § 18.2-472.1. The penalty for such a failure is higher for one whose predicate conviction is for “a sexually violent offense.”
Purvy v. Commonwealth, 717 S.E.2d 847 (Va. Ct. App. 2011).
“Purvy guilty of three counts of failing to register or reregister as a violent sexual offender, a second or subsequent offense, in violation of Code § 18.2-472.1. On appeal, Purvy argues (i) a fatal variance existed between his indictments and the proof at trial, and (ii) the…”
Marshall v. Commonwealth, 708 S.E.2d 253 (Va. Ct. App. 2011).
“3, and twice convicted of failure to register as a sex offender, in violation of Code § 18.2-472.1. 1 It is also undisputed Marshall knew that, as a result of those convictions, he was required to reregister every thirty days with the Virginia State Police, as he had done…”
John Allen Baugh, Jr. v. Commonwealth of Virginia, 809 S.E.2d 247 (Va. Ct. App. 2018).
“(“appellant”) was convicted of failure to register as a sex offender, in violation of Code § 18.2-472.1. On appeal, appellant argues that the trial court erred in denying his motion to dismiss where the retroactive application of a 2007 amendment to Virginia’s Sex Offender and…”
Harris v. Commonwealth, 673 S.E.2d 483 (Va. Ct. App. 2009).
“1-904(B) requires any person who has previously been convicted of a sexually violent offense 3 and has been convicted of a violation of Code § 18.2-472.1 (failure to register or re-register) shall re-register with the Department every thirty days from the date of conviction.”
— Va. Code Ann. § 18.2-472.1(D) — 2 cases
Harris v. Commonwealth, 673 S.E.2d 483 (Va. Ct. App. 2009).
“1-904(B) requires any person who has previously been convicted of a sexually violent offense 3 and has been convicted of a violation of Code § 18.2-472.1 (failure to register or re-register) shall re-register with the Department every thirty days from the date of conviction.”
— Va. Code Ann. § 18.2-472.1(E) — 1 case
Harris v. Commonwealth, 673 S.E.2d 483 (Va. Ct. App. 2009).
“1-904(B) requires any person who has previously been convicted of a sexually violent offense 3 and has been convicted of a violation of Code § 18.2-472.1 (failure to register or re-register) shall re-register with the Department every thirty days from the date of conviction.”
— Va. Code Ann. § 18.2-472.1(F) — 1 case
— Va. Code Ann. § 18.2-472.1(G) — 2 cases
— Va. Code Ann. § 18.2-472.1(H) — 2 cases
— Va. Code Ann. § 18.2-472.1(K) — 1 case
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