18.2-370.5 - Sex offenses prohibiting entry onto school property; penalty. - Virginia Statutes

§ 18.2-370.5. Sex offenses prohibiting entry onto school property; penalty.

A. Every adult who is convicted of a sexually violent offense, as defined in§ 9.1-902, shall be prohibited from entering and being present, during schoolhours and during school-related and school-sponsored activities, upon anyproperty he knows or has reason to know is a public or private elementary orsecondary school or child day center property, unless (i) he is a lawfullyregistered and qualified voter, and is coming upon such property solely forpurposes of casting his vote; (ii) he is a student enrolled at the school; or(iii) he has obtained a court order allowing him to enter and be present uponsuch property, has obtained the permission of the school board or of theowner of the private school or child day center or their designee for entrywithin all or part of the scope of the lifted ban, and is in compliance withsuch school board's, school's or center's terms and conditions and those ofthe court order. A violation of this section is punishable as a Class 6felony.

B. Every adult who is prohibited from entering upon school or child daycenter property pursuant to subsection A may after notice to the attorney forthe Commonwealth and either (i) the proprietor of the child day center, (ii)the superintendent of public instruction of the school division in which theschool is located, or (iii) the chief administrator of the school if suchschool is not a public school, petition the circuit court in the county orcity where the school or child day center is located for permission to entersuch property. For good cause shown, the court may issue an order permittingthe petitioner to enter and be present on such property, subject to whateverrestrictions of area, reasons for being present, or time limits the courtdeems appropriate.

(2007, cc. 284, 370; 2008, c. 781; 2010, c. 402.)