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

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. "Offense prohibiting proximity to children" means a violation or an attempt 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)clause

(iii)of subsection A of § 18.2-61 , § 18.2-63 or 18.2-64.1 , subdivision A 1 of § 18.2-67.1 , subdivision A 1 of § 18.2-67.2 , subdivision A 1 or A 4

(a)of § 18.2-67.3 , § 18.2-370 or 18.2-370.1 , clause

(ii)of § 18.2-371 , or § 18.2-374.1 , 18.2-374.1:1 or 18.2-379 . As of July 1, 2006, "offense prohibiting proximity to children" includes a violation of § 18.2-472.1 when the offense requiring registration was one of the foregoing offenses.

B. Every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2000, shall as part of his sentence be forever prohibited from loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary or high school. In addition, every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2006, shall as part of his sentence be forever prohibited from loitering within 100 feet of the premises of any place he knows or has reason to know is a child day program as defined in § 22.1-289.02 .

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

D. Any person convicted of an offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof, similar to any offense set forth in subsection A shall be forever prohibited from loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary, or high school or any place he knows or has reason to know is a child day program as defined in § 22.1-289.02 . In addition, he shall be forever prohibited from going, for the purpose of having any contact whatsoever with children who are not in his custody, within 100 feet of the premises of any place owned or operated by a locality that he knows or has reason to know is a playground, athletic field or facility, or gymnasium.

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

2000, c. 770 ; 2006, cc. 857 , 914 ; 2008, c. 579 ; 2017, c. 507 ; 2020, cc. 860 , 861 .