Last reviewed November 3, 2026 by Kimberly Stover, The Law Office of Kimberly Stover, PLLC
In Virginia, registration is required for the offenses listed in Va. Code § 9.1-902, which sorts them into Tier I, Tier II and Tier III. Rape, forcible sodomy, object sexual penetration and aggravated sexual battery are Tier III offenses and carry a lifetime duty to register. Other offenses, including misdemeanor sexual battery, require registration only in certain circumstances, such as when the complaining witness was a minor or on a third conviction.
What is the Virginia Sex Offender and Crimes Against Minors Registry?
It is the statewide registry kept by the Virginia State Police. When a person is convicted of an offense that requires registration, Va. Code § 9.1-903(A) requires them to register, reregister and verify their information with the State Police, and the court orders them to provide that information to local law enforcement where they live. Under Va. Code § 9.1-913, certain registry information, including the person’s name and aliases, is made publicly available on the Internet.
Which convictions require sex offender registration in Virginia?
Section 9.1-902 lists the offenses tier by tier. The tier decides how often a person must verify and how long registration lasts. Examples:
| Tier | Examples of offenses listed in Va. Code § 9.1-902 |
|---|---|
| Tier III (most serious) | Rape (§ 18.2-61); forcible sodomy (§ 18.2-67.1); object sexual penetration (§ 18.2-67.2); aggravated sexual battery (§ 18.2-67.3); taking indecent liberties with children (§ 18.2-370); carnal knowledge of a child 13 or 14 years old (§ 18.2-63(A)) when the accused is more than five years older; sexual battery (§ 18.2-67.4) when the accused is 18 or older and the complaining witness is under six |
| Tier II | A short list of offenses involving minors, including § 18.2-64.1 and certain offenses under § 18.2-374.3 involving the use of communications systems |
| Tier I | Sexual battery (§ 18.2-67.4) when the complaining witness was a minor, physically helpless or mentally incapacitated, or on a third or subsequent conviction; a felony under § 18.2-67.5:1; carnal knowledge under § 18.2-63 when it is not a Tier III offense |
Two or more convictions for certain Tier I offenses can move a person into Tier III, provided the person was at liberty between the convictions (§ 9.1-902, definition of “Tier III offense”).
Does a misdemeanor sexual battery conviction require registration?
Sometimes. A first or second misdemeanor sexual battery conviction involving an adult who was not physically helpless or mentally incapacitated is not on the § 9.1-902 list. A sexual battery conviction does require registration when the complaining witness was a minor, physically helpless or mentally incapacitated, or when it is the person’s third or subsequent sexual battery conviction. Our post What Is Sexual Battery in Virginia, and How Is It Different From Sexual Assault? explains the charge itself.
Whether the complaining witness was a minor or incapacitated is not always written in the charge. In that situation, Va. Code § 9.1-902(E) requires the court to decide the question before entering a conviction, to tell the defendant what it found, and to advise the defendant of the right to ask to withdraw a guilty or no-contest plea.
How long does sex offender registration last in Virginia?
For Tier III offenses and murder, the duty to register is lifelong (Va. Code § 9.1-908). For Tier I and Tier II, registration continues until a court order ends it. A person may petition the circuit court for removal no earlier than 15 years (Tier I) or 25 years (Tier II) after the later of initial registration or their last conviction for failing to register or for any felony (Va. Code § 9.1-910(A)).
| Tier | How often to verify (§ 9.1-904) | How long it lasts | Can you petition for removal? |
|---|---|---|---|
| Tier I | Once a year, including the birth month | Until a court order ends it | Yes, after 15 years |
| Tier II | Once a year, including the birth month | Until a court order ends it | Yes, after 25 years |
| Tier III | Four times a year, every three months | Life | No |
A petition can’t be filed until all court-ordered treatment, counseling and restitution is complete. The court holds a hearing, the Commonwealth takes part, and the court grants the petition only if it is satisfied the person no longer poses a risk to public safety. If the petition is denied, the person must wait at least 24 months to file again (Va. Code § 9.1-910(B)). People with a Tier III conviction, two or more registrable convictions, or a murder conviction can’t petition.
What does registration require day to day?
- Initial registration: in person within three days of release from confinement (Va. Code § 9.1-903).
- Changes: in person within three days after a change of name or a move within Virginia (§ 9.1-903).
- Verification: yearly for Tier I and Tier II; four times a year for Tier III (§ 9.1-904).
What happens if someone fails to register in Virginia?
Knowingly failing to register, reregister or verify, or knowingly giving materially false information, is a crime under Va. Code § 18.2-472.1. For a Tier I or Tier II registrant, a first offense is a Class 1 misdemeanor and a second is a Class 6 felony. For a Tier III registrant or a person convicted of murder, a first offense is a Class 6 felony and a second is a Class 5 felony. A failure-to-register conviction can also push back the earliest date for a removal petition, because the 15- or 25-year wait runs from the last such conviction (§ 9.1-910(A)).
Do juveniles have to register as sex offenders in Virginia?
Usually not when the case stays in juvenile court. Under Va. Code § 9.1-902(D), juveniles adjudicated delinquent are not required to register, with one exception: if the juvenile was over 13 at the time of the offense, the court may order registration on the Commonwealth’s motion after weighing factors set out in the statute. A juvenile tried and convicted in circuit court must register like an adult (§ 9.1-903(A)). See what to do if your teenager was charged with a crime in Virginia.
Where are sex offense cases heard in Northern Virginia?
Felony sex offenses usually begin in the General District Court, or the Juvenile and Domestic Relations District Court when the people involved are family or household members, and are tried in the circuit court after a preliminary hearing or indictment. Petitions to end registration are filed in the circuit court where the person was convicted or where they now live (Va. Code § 9.1-910(A)):
- Alexandria: the Alexandria Circuit Court
- Arlington: the Arlington County Circuit Court
- Fairfax County: the Fairfax County Circuit Court
- Loudoun: the Loudoun County Circuit Court, 18 East Market Street, Leesburg
- Prince William: the Prince William County Circuit Court, Manassas
For the wider effects of a conviction on work, housing and family life, see The Long-Term Consequences of a Sex Crime Conviction.
Frequently asked questions
Only in some cases. Under Va. Code § 9.1-902, sexual battery (§ 18.2-67.4) requires registration when the complaining witness was a minor, physically helpless or mentally incapacitated, or on a third or subsequent conviction.
For life for a Tier III offense or murder (Va. Code § 9.1-908). For Tier I or Tier II, until a court grants a removal petition, which can be filed after 15 or 25 years (Va. Code § 9.1-910).
A person registered for a single Tier I or Tier II offense may petition the circuit court after the waiting period. The court grants it only if satisfied the person no longer poses a risk to public safety. Tier III registrants can’t petition.
In person within three days of release from confinement, and within three days of any change of name or residence (Va. Code § 9.1-903).
Charged with a sex offense in Northern Virginia?
The Law Office of Kimberly Stover, PLLC defends people accused of sex offenses in Alexandria, Arlington, Fairfax, Loudoun and Prince William, with registration in view from the start. See our sex crime defense pages for Fairfax, Prince William, Alexandria, Arlington and Loudoun.
About the author
Kimberly Stover is the founding attorney of The Law Office of Kimberly Stover, PLLC. A former public defender, she has more than 15 years of Virginia criminal defense experience and serves on the boards of the Virginia Association of Criminal Defense Lawyers (VACDL) and Justice Forward Virginia. She is a graduate of Georgetown University Law Center. Offices: 211 North Union Street, Suite 100, Alexandria, VA 22314, and 8280 Willow Oaks Corporate Drive, Suite 600, Fairfax, VA 22031. Full attorney profile · (571) 554-5977
Call (571) 554-5977 to talk with us about your case.
This post is general information about Virginia law, not legal advice.