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18.2-370.2 - Sex offenses prohibiting proximity to children; penalty.

§ 18.2-370.2. Sex offenses prohibiting proximity to children; penalty.

A. "Offense prohibiting proximity to children" means a violation or anattempt to commit a violation of (i) subsection A of § 18.2-47, clause (ii)or (iii) of § 18.2-48, subsection B of § 18.2-361, or subsection B of §18.2-366, where the victim of one of the foregoing offenses was a minor, or(ii) subsection A (iii) of § 18.2-61, §§ 18.2-63, 18.2-64.1, subdivision A 1of § 18.2-67.1, subdivision A 1 of § 18.2-67.2, or subdivision A 1 or A 4 (a)of § 18.2-67.3, or §§ 18.2-370, 18.2-370.1, clause (ii) of § 18.2-371, §§18.2-374.1, 18.2-374.1:1 or § 18.2-379. As of July 1, 2006, "offenseprohibiting proximity to children" shall include a violation of §18.2-472.1, when the offense requiring registration was one of the foregoingoffenses.

B. Every adult who is convicted of an offense prohibiting proximity tochildren when the offense occurred on or after July 1, 2000, shall as part ofhis sentence be forever prohibited from loitering within 100 feet of thepremises of any place he knows or has reason to know is a primary, secondaryor high school. In addition, every adult who is convicted of an offenseprohibiting proximity to children when the offense occurred on or after July1, 2006, shall as part of his sentence be forever prohibited from loiteringwithin 100 feet of the premises of any place he knows or has reason to knowis a child day program as defined in § 63.2-100.

C. Every adult who is convicted of an offense prohibiting proximity tochildren, when the offense occurred on or after July 1, 2008, shall as partof his sentence be forever prohibited from going, for the purpose of havingany contact whatsoever with children that are not in his custody, within 100feet of the premises of any place owned or operated by a locality that heknows or should know is a playground, athletic field or facility, orgymnasium.

A violation of this section is punishable as a Class 6 felony.

(2000, c. 770; 2006, cc. 857, 914; 2008, c. 579.)

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