When convicted of certain sex offenses involving minors, you must register as a sex offender under state law. Your identification details are updated in databases available for public reference to ensure the accuracy of the records. You may also fall within the category of persons required to register under the Supplement to sex offender and crimes against minors section. If so, you need the guidance of a criminal attorney to help you navigate the search process.
Moreover, your attorney can help you petition to remove your name from the registry. At Virginia Criminal Attorney, we dedicate our services to providing the best criminal defense services. Over the years, we have helped hundreds of clients who want their names removed from the Supplement to Sex Offender and Crimes Against Minors section in Fairfax and North Virginia. Start your process with us today for trusted legal services.
Understanding What the Supplement to Sex Offender and Crimes Against Minors Entails
After an accused person is convicted of a sex crime, they will have to register as a sex offender under Virginia statutory regulations. Subsequently, subsection 9.1-910 covers the provisions of the Sexual Offenders Registry, whereby an offender can determine the requirements they must satisfy before and after their registration.
Notably, the sexual offender’s registry has been in operation for a long time to ensure that all convicted persons are identifiable to the general public. However, an additional provision was proposed to cater to persons convicted from July 1980 to 1st July 1994. This included the names of sexual offenders who had not been listed under the sexual offender’s registry during the period, owing to ongoing reforms in the judicial system.
As a result, the Supplement to Sex Offender and Crimes Against Minors section was created to ensure that all information on convicted sex offenders was available to the public. Nonetheless, persons listed under this supplement do not have their photographs displayed compared to the display system under the sexual offender’s registry.
The latest update on the Supplement to Sex Offender and Crimes Against Minors section reveals approximately five thousand, six hundred and four names are available. Therefore, you or a loved one may fall within this group, and you may need additional information on its impact on your life.
Alternatively, you may be unsure whether the type of offense you were convicted of falls within the Supplement to Sex Offender and Crimes Against Minors section. Due to this, you want to consult your criminal attorney for additional information on tracking the system.
Information Available for Persons Listed Under the Supplement to Sex Offender and Crimes Against Minors
Since the supplement is an annexure to the already existing sexual offenders registry, the personal details available are nearly identical. Nonetheless, you want to understand better the specific information and its importance to appreciate better how the list works.
Thus, the following are important details listed for any offender who falls under the Supplement to Sex Offender and Crimes Against Minors section:
Your Full Name
Naturally, a significant part of identifying an offender is presenting their full name to distinguish them from other similar offenders. Therefore, you will verify your identity by reviewing your name and ensuring that no spelling errors exist. Further, you want to inform your lawyer of any possibility of having your name listed incorrectly. For example, this may occur because of improper date records that classify you improperly under the supplement section.
Date of Birth
Additionally, your date of birth is an important detail in ensuring that your identity is correctly registered. As a result, the Department of State Police responsible for updating the Supplement to Sex Offender and Crimes Against Minors section will require original birth certificate documents. Alternatively, you may provide any other documents like your I.D card to verify your date of birth when recording the details.
The Date of Conviction
Doubtless, a criminal case may continue for long durations, including weeks, months, and years. Moreover, the court may need to adjourn your matter severally due to unforeseen circumstances. Therefore, the registering officer requires the exact date of conviction to ensure that you correctly fall within the Supplement to Sex Offender and Crimes Against Minors category.
For reference, your date of conviction will be the date of your sentencing hearing, whereby the presiding judge issued specific directives on your sentence. Since these events will have occurred a long time ago, you can request your criminal defense lawyer to retrieve the records for you. This way, you will have a solid point of reference in case of any disputes.
The Court Jurisdiction During Your Conviction
Jurisdiction refers to the court’s eligibility to hear your case based on the court department and location. For example, matters involving minors will often be heard under the Children’s Court jurisdiction to protect minors’ privacy. Similarly, the court’s jurisdiction should also be within Virginia for Virginia law to apply.
Based on this information, you want to verify that you received a conviction order under the proper court jurisdiction. Further, the information should be available for your reference upon searching your name under the Supplement to Sex Offender and Crimes Against Minors section. This will be important in case of any jurisdictional issues for your basis for requesting your name to be removed from the supplement.
Your Age During the Conviction Date
Age plays a significant role in conviction, especially if the accused person is a minor or a young adult. This is because younger convicted persons will often be eligible for less harsh punishments provided they can justify the need for court’s leniency. As a result, your age during conviction will also be listed under your profile as information to guide the public on why you received a specific sentence.
Thanks to the details under this category, you can also request your initial case outcome review if you strongly believe that you received a harsh penalty. The argument will work best if you were significantly younger than the average age of offenders, yet you were sentenced as an adult.
The Type of Offense You Were Convicted Of
Furthermore, the public may require information on the type of offense you were convicted of for various reasons. For example, a prospective employer may be curious about this information as it plays a significant role in deciding whether to hire you. Additionally, prosecutors working with repeat offenders may require the information to determine the charges to enter based on their previous offenses.
As a result, you need to remain keen on the type of attention you receive based on the availability of this information to the public. If you notice repeated patterns of prejudice and discrimination, you can explore options like filing a petition to have your name removed from the supplement section.
The Statutory Citation Resulting in Your Conviction
On top of stating the type of offense you were convicted for, your Supplement to Sex Offender and Crimes Against Minors profile will cite the exact section under the Virginia Code you were convicted of. This is mainly done for reference or educational purposes for anyone looking into your details.
For example, if a non-legal practitioner is unfamiliar with the elements of the crime you were convicted of, they can search the section and read it for a better understanding. This way, you can avoid dealing with presumptions and misinformation on the same criminal offense you engaged in. Nonetheless, it may reveal engagement in extremely nefarious activities to your detriment. If so, you can consult your lawyer to determine whether you can explore repealing your name from the section.
Offenses Resulting in Registration Under the Supplement to Sex Offender and Crimes Against Minors section
Having understood the types of details displayed for anyone listed under the Supplement to Sex Offender and Crimes Against Minors section, you may wonder if your convicted offense qualifies. Hence, having a reference point will empower you to determine whether the section applies to you or would be better suited to check the sexual offender’s registry.
Your criminal defense attorney will help you navigate the different provisions under the Virginia Code to establish whether your offense is listed under the supplement category. Among the crimes qualifying persons to the Supplement to Sex Offender and Crimes Against Minors section are:
Abducting With the Intent to Extort Money or for Immoral Reasons, Subsection 18.2-48
The offense of abduction relates to a broad range of victims, including adults. However, only offenses involving minors will be considered for the Supplement to Sex Offender and Crimes Against Minors section.
Therefore, any other elements of crime will result in listing under a different category, if any. The elements of crime specific to the offense are also listed under the statutory provision and include three main possible activities.
Firstly, you may face charges for the offense under part (i) of the section, which prohibits abducting a victim with intent to extort money or for pecuniary interest. Subsequently, the prosecutor handling your case must have established that you directly participated in the abduction and that your actions revealed your criminal intent.
The second possible activity attracting the charge is under part (ii), which is prohibited by abducting a victim to defile them. Again, the crime element that must have been well established is whether you participated in the abduction process. Additionally, your actions must reveal a criminal intent to defile the victim, especially how you handled them.
Lastly, you may have also been convicted of the crime under part (iii) that prohibits abducting a child under sixteen years to introduce them to prostitution or for concubinage. The details under this section allude to child sex trafficking, although the terminology is not used exclusively to describe the offense.
Committing Rape Contrary to Subsection 18.2-61
The offense of rape is taken seriously across all court jurisdictions, attracting harsh penalties for parties found guilty. Among these consequences are mandatory listing in sex offender registries, or in this case, Supplement to Sex Offender and Crimes Against Minors section for life.
The elements of crime related to rape must involve having forcible sexual intercourse with the victim, resulting in non-consensual circumstances. The prosecutor will have considered any potential use of threats or intimidation as well, especially if you intended to subdue the victim to engage in the act.
You are also answerable to rape charges for taking advantage of a person’s mental or physical incapacity. For example, raping a person dependent on wheelchair use attracts serious legal consequences, as they are limited in movement and, subsequently, their ability to escape. Further, taking advantage of a person diagnosed with a mental illness falls under the same category.
Specific to the Supplement to Sex Offender and Crimes Against Minors section, your name will also be on the list for raping a minor under thirteen years. This is in line with the provisions under the section, which list the specific details.
Having Carnal Knowledge With a Minor Between Thirteen to Fifteen Years, Subsection 18.2-63
Under state law, a minor cannot wilfully consent to sexual intercourse until they reach the age of majority. Due to this, your name will be registered under the Supplement to Sex Offender and Crimes Against Minors section for violating the provisions under this section.
You should also note that you have fewer chances of having your name removed from the records if the minor was below thirteen years. This is because you will have abused a child of a tender age, which is strongly prohibited under the law.
Forcibly Committing Sodomy, Subsection 18.2-67.1
The elements of crime associated with committing sodomy must first demonstrate that the act was against the minor’s will. Thus, the prosecutor must establish that you used force, threats, inflicting injury, or luring a minor into committing the act.
On top of this, the evidence must have been presented demonstrating your involvement in forcible anal sex, or cunnilingus and fellatio, which refer to oral sex. Without establishing these facts, you may be answerable to other charges like engaging in indecent liberties with children. Nevertheless, you will still have your name appear under the supplement list.
Additionally, the child in question should have been below thirteen years for your conviction to warrant registry under the Supplement to Sex Offender and Crimes Against Minors category. This is in line with other legal provisions that provide specific qualifications for each sexual offense against minors.
Forcibly Penetrating an Object into a Victim’s Sexual organs, Subsection 18.2-67.2
If you were convicted of the offense described under subsection 18.2-67.2, the elements of the crime that must have been established should be:
You forcibly used the object to penetrate the victim for sexual gratification.
The victim was a minor off thirteen years or below.
You penetrated the victim’s sexual organ or their anus using the object.
You should note that some cases involve forcible penetration with an animal, meaning that you are accused of orchestrating the act on the victim. Based on the highly violating activity, you will be subject to harsh penalties that include a conviction for up to decades.
Committing Aggravated Sexual Battery, Subsection 18.2-67.3
Sexual battery is abusing a victim against their will by violating their personal space. You should note that the accused person should make physical contact with the victim for battery charges to prevail. Any activity involving non-contact falls under sexual assault.
For example, kissing someone without their consent amounts to sexual battery while sending suggestive sexual messages is likely to be charged as assault. Having defined sexual battery, aggravated sexual battery involves using extreme force or mental manipulation to access a person’s body.
Thus, the elements of crime associated with aggravated sexual battery include:
Causing bodily harm to the victim to force them to accept your advances.
Threatening to use violence on the victim.
Sexually abusing a minor below thirteen years.
Mental manipulation to lure the victim into your advances.
Using threats to enable your advances.
Committing Crimes Against Nature, Subsection 18.2-361
Typically, acts like incest and bestiality are collectively known as crimes against nature and are prohibited under subsection 18.2-361. Hence, you will be included in the Supplement to Sex Offender and Crimes Against Minors records for committing any of the two sexual offenses provided the prosecutor successfully proved your involvement in all elements of the crime.
For reference, incest involves engagement in sexual activities with family members. These include your parents, siblings, grandparents, uncles, aunts, step-parents, or step-siblings.
Petitioning to Have Your Name Removed from the Supplement to Sex Offender and Crimes Against Minors
State law allows you to file a petition to have your name removed from the supplement records. Despite this, you will need to meet several threshold requirements, as the court must be satisfied that you have qualified for the provision.
The process leading up to the petition requires you to approach the specific circuit court where you were initially convicted. This directive is issued in the interest of maintaining the court’s convenience, as the initial court will have all your records accessible for reference. In comparison, filing the petition elsewhere would require court departments to transfer your details, resulting in multiple complications.
Conditions to Meet Before Your Petition is Accepted and Heard
As mentioned, you will first need to satisfy several conditions before your criminal attorney can represent you in court for the hearing. These factors play a gatekeeping role in preventing non-deserving offenders from accessing the name-removal privilege. Subsequently, you can expect to meet strict rules and requirements from the officers tasked with verifying your qualification status.
Some of the conditions include:
You Should Have Completed any Court-Ordered Counseling or Treatment
Most sex offenders will display signs of unhealthy mental engagements, resulting in their criminal activities. Consequently, most judges will order you to receive intensive treatment and therapy sessions to address the underlying problem. The anticipated outcome is that you will undergo reform and refrain from engagement in subsequent sexual offenses.
Thus, completing the treatment and counseling sessions is crucial for demonstrating your reform. If you could not complete the court orders, you want to do so before presenting your petition, as it will be disregarded at the initial stages.
You Should Not Have Committed Any Other Crime that Requires Registration as a Sexual Offender
Further, committing additional sexual offenses may display impunity and inability to reform on your part, leading to increased chances of disqualification. Hence, if you have faced conviction for another sexual offense after the initial one, you want to consult your criminal attorney for the best way forward in seeking alternatives.
The Committed Offense Should Qualify for Name Removal Under the Sexual Offenders Registry (Section 9.1-910)
It is noteworthy that you will only qualify to have your name removed from the Supplement to Sex Offender and Crimes Against Minors if you would also qualify under the Sexual Offenders Registry. This ensures uniformity in operations and provides an equal chance for offenders convicted between 1980 and 1994, as their names were not included in the registry.
During the petition hearing, your lawyer will have a chance to present your arguments and justify the reasons to have your name removed. They will also rely on evidentiary sources, including witness testimonies, documents, and other relevant considerations.
If the judge is satisfied by the argument your lawyer presents on your behalf, they will authorize the relevant authorities to begin the name removal process. Despite this, you should remember that the process takes a few months to complete, so you want to remain patient until your name is successfully removed.
Find a Criminal Attorney Near Me
Having your name recorded under the Supplement to Sex Offender and Crimes Against Minors section can have detrimental effects, especially because of the associated stigma. Therefore, you want to explore various options to help you petition your name removed from the database. Among the best options is to work with an experienced criminal attorney. With their help, you will have strategies for sourcing evidence and preparing compelling arguments.
At Virginia Criminal Attorney, we offer access to some of the most experienced criminal lawyers specializing in sex crimes. We are determined to help clients who want their names removed from the Supplement to Sex Offender and Crimes Against Minors section in Fairfax and North Virginia to navigate the petition process and increase the chances of a successful outcome. If you or a loved one requires more information on our services, call us today at 703-718-5533:.