Sex offenses. A Tier 1 offense includes any sex offense for which
a person has been convicted, or an attempt or conspiracy to commit
such an offense, that is not a Tier 2 or Tier 3 offense.
Offenses involving minors. A Tier 1 offense also includes any offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to § 8.7-5C that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography.
Tribal offenses. A sex offense covered by the Nottawaseppi Huron Band of the Potawatomi Law and Order Code, § 8.6-53A(1), shall be considered a Tier 1 sex offense.
Certain military offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in § 8.7-6A, B or C shall be considered a Tier 1 offense.
Recidivism and felonies. Unless otherwise covered by § 8.7-8, any sex offense that is not the first sex offense for which a person has been convicted and that is punishable by more than one (1) year in jail is considered a Tier 2 offense.
Offenses involving minors. A Tier 2 offense includes any sex offense
against a minor for which a person has been convicted, or an attempt
or conspiracy to commit such an offense, that involves:
Sexual contact with a minor 13 years of age or older, whether directly
or indirectly through the clothing, that involves the intimate parts
of the body;
Certain military offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in § 8.7-7A, B or C shall be considered a Tier 2 offense.
Recidivism and felonies. Any sex offense that is punishable by more
than one (1) year in jail where the offender has at least one prior
conviction for a Tier 2 sex offense, or has previously become a Tier
2 sex offender, is a Tier 3 offense.
Tribal offenses. A sex offense covered by Nottawaseppi Huron Band of the Potawatomi Law and Order Code, § 8.6-53A(2), (3), (4) or (5), shall be considered a Tier 3 sex offense.
General offenses. A Tier 3 offense includes any sex offense for which
a person has been convicted, or an attempt or conspiracy to commit
such an offense, that involves:
A sexual act with another who has been rendered unconscious or involuntarily
drugged, or who is otherwise incapable of appraising the nature of
the conduct or declining to participate; or
Sexual contact with a minor 12 years of age or younger, including
offenses that cover sexual touching of or contact with the intimate
parts of the body, either directly or through the clothing.
Certain military offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in § 8.7-8A, B or C shall be considered a Tier 3 offense.