18.2-370.3 - Sex offenses prohibiting residing in proximity to children; penalty. - Virginia Statutes

§ 18.2-370.3. Sex offenses prohibiting residing in proximity to children;penalty.

A. Every adult who is convicted of an offense occurring on or after July 1,2006, where the offender is more than three years older than the victim, ofone of the following qualifying offenses: (i) clause (iii) of subsection A of§ 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or (iii) subdivision A 1 of §18.2-67.2, shall be forever prohibited from residing within 500 feet of thepremises of any place he knows or has reason to know is a child day center asdefined in § 63.2-100, or a primary, secondary, or high school. A violationof this section is a Class 6 felony. The provisions of this section shallonly apply if the qualifying offense was done in the commission of, or as apart of the same course of conduct as, or as part of a common scheme or planas a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) § 18.2-89,18.2-90, or 18.2-91, or (iii) § 18.2-51.2.

B. An adult who is convicted of an offense as specified in subsection A ofthis section and has established a lawful residence shall not be in violationof this section if a child day center or a primary, secondary, or high schoolis established within 500 feet of his residence subsequent to his conviction.

C. Every adult who is convicted of an offense occurring on or after July 1,2008, where the offender is more than three years older than the victim, ofone of the following qualifying offenses: (i) clause (iii) of subsection A of§ 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or (iii) subdivision A 1 of §18.2-67.2, shall be forever prohibited from residing within 500 feet of theboundary line of any place he knows is a public park when such park (i) isowned and operated by a county, city or town, (ii) shares a boundary linewith a primary, secondary, or high school and (iii) is regularly used forschool activities. A violation of this section is a Class 6 felony. Theprovisions of this section shall only apply if the qualifying offense wasdone in the commission of, or as a part of the same course of conduct as, oras part of a common scheme or plan as a violation of (i) subsection A of §18.2-47 or § 18.2-48, (ii) § 18.2-89, 18.2-90, or 18.2-91, or (iii) §18.2-51.2.

D. An adult who is convicted of an offense as specified in subsection C andhas established a lawful residence shall not be in violation of this sectionif a public park that (i) is owned and operated by a county, city or town,(ii) shares a boundary line with a primary, secondary, or high school, and(iii) is regularly used for school activities, is established within 500 feetof his residence subsequent to his conviction.

(2006, cc. 857, 914; 2008, c. 726.)