Child Day Center Barrier Crimes

BARRIER CRIMES FOR APPLICANTS FOR LICENSURE, REGISTRATION OR APPROVAL; AGENTS OF APPLICANTS; ADULTS LIVING IN CHILD DAY CENTERS OR FAMILY DAY HOMES; EMPLOYEES; OR VOLUNTEERS PROVIDING CARE TO CHILDREN 


Including:

  • Licensed Child Day Centers
  • Religiously Exempt Child Day Centers
  • Certified Pre-Schools
  • Licensed Family Day Homes
  • Voluntarily Registered Family Day Homes
  • Licensed Family Day Systems
  • Licensed System-Approved Family Day Homes 

The Following if Receiving Federal, State, or Local Child Care Funds:

  • Child Day Centers
  • Family Day Homes
  • Local Ordinance – approved family day homes
  • Programs of recreational activities offered by local governments
  • Unregulated family day homes (including in-home care)

 

VA Code Ann. §§ 19.2-392.02; 22.1-289.031; 22.1-289.032; 22.1-289.034, 22.1-289.035; 22.1-289.036; 22.1-289.037; 22.1-289.039; 22.1-289.040 


Child day programs and family day systems cannot hire anyone who has:

  •  A conviction for an offense in the entire barrier crime definition in Code § 19.2-392.02. Convictions include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.
  • A founded complaint of child abuse or neglect within or outside the Commonwealth.

The list of barrier crimes is broken into six clauses. All six clauses apply to child day programs 
and family day systems. 


§ 22.1-289.035 
No child day center, family day home, or family day system licensed in accordance with the provisions of this chapter, child day center exempt from licensure pursuant to §22.1-289.031, registered family day home, family day home approved by a family day system, or child day center, family day home, or child day program that enters into a contract with the Department or its agents or designees to provide child care services funded by the Child Care and Development Block Grant shall hire for compensated employment, continue to employ, or permit to serve as a volunteer who will be alone with, in control of, or supervising children any person who (i) has been convicted of any barrier crime as defined in §19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth. 
 
§ 22.1-289.036 
If any person specified in subsection A required to have a background check (i) has been convicted of any barrier crime as defined in § 19.2-392.02 or (ii) is the subject of a founded complaint of child abuse or neglect within or outside the Commonwealth, and such person has not been granted a waiver by the Superintendent pursuant to § 22.1-289.038, no license as a child day center, family day home, or family day system or registration as a family day home shall be granted by the Superintendent and no approval as a family day home shall be granted by the family day system. 

 

"Barrier crime" under Code § 19.2-392.02, Clause (i) includes: Any FELONY violation of:

OFFENSE

Or Substantially Similar Offense Under the Laws of Another Jurisdiction

VA CODE SECTION
Immediate Custody, Arrest, Detention and Shelter Care  
Immediate Custody, Arrest, Detention and Shelter Care - Violation of provisions 
of protective orders
16.1-253.2
Crimes by Gangs  
Crimes by Gangs -Prohibited criminal street gang participation 18.2-46.2
Crimes by Gangs -Recruitment of persons for criminal street gang 18.2-46.3
Crimes by Gangs -Third or subsequent conviction of criminal street gang crimes 18.2-46.3:1
Crimes by Gangs -Enhanced punishment for gang activity taking place in a 
gang-free zone
18.2-46.3:3
Extortion and Other Threats   
Extortion and Other Threats - Stalking 18.2-60.3
Extortion and Other Threats - Violation of protective orders  18.2-60.4
Dangerous Use of Firearms or Other Weapons  
Dangerous Use of Firearms or Other Weapons - Discharging firearms or 
missiles within or at building or dwelling house 
18.2-279
Dangerous Use of Firearms or Other Weapons - Willfully discharging firearms 
in public places 
18.2-280
Dangerous Use of Firearms or Other Weapons - Setting spring gun or other 
deadly weapon 
18.2-281
Dangerous Use of Firearms or Other Weapons - Pointing, holding, or 
brandishing firearm, air or gas operated weapon or object similar in 
appearance 
18.2-282
Dangerous Use of Firearms or Other Weapons - Brandishing a machete or 
other bladed weapon with intent to intimidate 
18.2-282.1 
Dangerous Use of Firearms or Other Weapons - Shooting from vehicles so as to 
endanger persons
18.2-286.1
Dangerous Use of Firearms or Other Weapons - Wearing of body armor while 
committing a crime 
18.2-287.2 
Commercial Sex Trafficking, Prostitution, Etc.  
Commercial Sex Trafficking, Prostitution, Etc. - Prostitution; solicitation; 
commercial exploitation of a minor
18.2-346.01
Commercial Sex Trafficking, Prostitution, Etc. - Aiding prostitution or illicit 
sexual intercourse, etc.
18.2-348 
Commercial Sex Trafficking, Prostitution, Etc. - Using vehicles to promote 
prostitution or unlawful sexual intercourse
18.2-349 
Riot and Unlawful Assembly   
Riot and Unlawful Assembly – What constitutes a riot  18.2-405
Riot and Unlawful Assembly – What constitutes an unlawful assembly  18.2-406

 

Any violation of: 

 

OFFENSE

Or Substantially Similar Offense Under the Laws of Another Jurisdiction

VA CODE SECTION
Homicide  
Homicide- Aggravated murder 18.2-31
Homicide- First and second degree murder 18.2-32
Homicide- Murder of a pregnant woman  18.2-32.1
Homicide- Killing a fetus  18.2-32.2
Homicide- Felony homicide  18.2-33
Homicide- Voluntary manslaughter 18.2-35
Homicide- Involuntary manslaughter 18.2-36 
Homicide- Involuntary manslaughter; driving a vehicle while under the influence 18.2-36.1 
Homicide- Involuntary manslaughter; operating a watercraft while under the 
influence 
18.2-36.2 
Crimes by Mobs 18.2-41
Crimes by Mobs – Shooting, stabbing, etc. with intent to maim, kill, etc. by mob 18.2-42
Crimes by Mobs - Assault or battery by mob   
Terrorism Offenses  
Terrorism Offenses - Committing, conspiring and aiding and abetting acts of 
terrorism 
18.2-46.5
Terrorism Offenses - Possession, manufacture, distribution, etc. of weapon of 
terrorism or hoax device 
18.2-46.6
Terrorism Offenses - Act of bioterrorism against agricultural crops or animals  18.2-46.7
Kidnapping and Related Offenses  
Kidnapping and Related Offenses - Abduction and kidnapping defined; forced 
labor 
18.2-47. A or 
18.2-47. B
Kidnapping and Related Offenses - Abduction with intent to extort money or for 
immoral purposes
18.2-48 
Kidnapping and Related Offenses - Threatening, attempting or assisting in such 
abduction 
18.2-49 
Kidnapping and Related Offenses – Enticing, etc., another into a dwelling house 
with intent to commit certain felonies 
18.2-50.3 
Assaults and Bodily Woundings  
Assaults and Bodily Woundings – Shooting, stabbing, etc. with intent to maim, 
kill, etc. 
18.2-51
Assaults and Bodily Woundings – Malicious bodily injury to law-enforcement 
officers, firefighters, search and rescue personnel, or emergency medical service 
personnel
18.2-51.1 
Assaults and Bodily Woundings – Aggravated malicious wounding  18.2-51.2
Assaults and Bodily Woundings – Reckless endangerment of others by throwing 
objects from places higher than one story 
18.2-51.3 
Assaults and Bodily Woundings – Maiming, etc., of another resulting from 
driving while intoxicated
18.2-51.4 
Assaults and Bodily Woundings – Maiming, etc., of another resulting from 
operating a watercraft while intoxicated 
18.2-51.5 
Assaults and Bodily Woundings – Strangulation or suffocation of another 18.2-51.6
Assaults and Bodily Woundings – Malicious bodily injury by means of any 
caustic substance or agent or use of any explosive or fire 
18.2-52 
Assaults and Bodily Woundings – Possession of infectious biological 
substances or radiological agents
18.2-52.1 
Assaults and Bodily Woundings – Shooting, etc. in committing or 
attempting a felony
18.2-53 
Assaults and Bodily Woundings – Use or display of firearm in committing a 
felony 
18.2-53.1 
Assaults and Bodily Woundings – Attempts to poison 18.2-54.1
Assaults and Bodily Woundings – Adulteration of food, drink, drugs, 
cosmetics, etc. 
18.2-54.2 
Assaults and Bodily Woundings – Bodily injuries caused by prisoners, state 
juvenile probationers, and state and local adult probationers or adult parolees
18.2-55 
Assaults and Bodily Woundings – Hazing of youth gang members 18.2-55.1 
Assaults and Bodily Woundings – Hazing unlawful; civil and criminal liability; duty 
of school, etc., officials 
18.2-56
Assaults and Bodily Woundings – Reckless handling of firearms; reckless 
handling while hunting
18.2-56.1 
Assaults and Bodily Woundings – Allowing access to firearms by children 18.2-56.2 
Assaults and Bodily Woundings – Assault and battery (Exception: A child day center may hire for compensated employment persons who have been convicted of not more than 1 misdemeanor under §18.2-57, or a substantially similar offense under another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed such offense while employed in a child day center or the object of the offense was a minor. § 22.1-289.035 G) 18.2-57 
Assaults and Bodily Woundings – Pointing laser at law-enforcement officer  18.2-57.01
Assaults and Bodily Woundings – Disarming a law-enforcement or 
correctional officer 
18.2-57.02 
Assaults and Bodily Woundings – Assault and battery against a 
family or household member
18.2-57.2 
Uniform Machine Gun Act  
Uniform Machine Gun Act - Use of machine gun for crime of violence 18.2-289 
Uniform Machine Gun Act - Use of machine gun for aggressive purpose 18.2-290 
“Sawed-Off” Shotgun and “Sawed-Off” Rifle Act  
“Sawed-Off” Shotgun and “Sawed-Off” Rifle Act - Possession or use of “sawed-off” shotgun or rifle 18.2-300
Other Illegal Weapons  
Other Illegal Weapons - Possession of firearms while in possession of certain substances 18.2-308.4 
Miscellaneous Dangerous Conduct   
Miscellaneous Dangerous Conduct - Failing to secure medical attention for an injured child 18.2-314 
Commercial Sex Trafficking, Prostitution, Etc.  
Commercial Sex Trafficking, Prostitution, Etc. - Taking, detaining, etc., person for prostitution, etc. or consenting thereto; human trafficking 18.2-355
Commercial Sex Trafficking, Prostitution, Etc. - Receiving money for procuring person  18.2-356 
Commercial Sex Trafficking, Prostitution, Etc. - Receiving money from earnings of male or female prostitute  18.2-357 
Commercial Sex Trafficking, Prostitution, Etc. - Commercial sex trafficking 18.2-357.1
Commercial Sex Trafficking, Prostitution, Etc. - Crimes against nature 18.2-361.B
Family Offenses; Crimes Against Children, Etc.   
Family Offenses; Crimes Against Children, Etc. - Sexual intercourse by persons forbidden to marry; incest  18.2-366 
Family Offenses; Crimes Against Children, Etc. - Abuse and neglect of vulnerable adults  18.2-369 
Family Offenses; Crimes Against Children, Etc. - Taking indecent liberties with children 18.2-370 
Family Offenses; Crimes Against Children, Etc. - Taking indecent liberties with child by person in custodial or supervisory relationship  18.2-370.1 
Family Offenses; Crimes Against Children, Etc. – Sex offenses prohibiting proximity to children 18.2-370.2 
Family Offenses; Crimes Against Children, Etc. - Sex offenses prohibiting residing in proximity to children  18.2-370.3 
Family Offenses; Crimes Against Children, Etc. - Sex offenses prohibiting working on school property  18.2-370.4 
Family Offenses; Crimes Against Children, Etc. - Offenses prohibiting entry onto school or other property  18.2-370.5 
Family Offenses; Crimes Against Children, Etc. - Penetration of mouth of child with lascivious intent 18.2-370.6 
Family Offenses; Crimes Against Children, Etc. - Abuse and neglect of children; abandoned infant  18.2-371.1 
Obscenity and Related Offenses  
Obscenity and Related Offenses - Production, publication, sale, financing etc., of child pornography; presumption as to age  18.2-374.1 
Obscenity and Related Offenses - Possession, reproduction, distribution, solicitation, and facilitation of child pornography  18.2-374.1:1
Obscenity and Related Offenses - Use of communications systems to facilitate certain offenses involving children 18.2-374.3 
Obscenity and Related Offenses - Display of child pornography or grooming video or materials to a child 18.2-374.4
Obscenity and Related Offenses - Employing or permitting a minor to assist in an offense under Article 5 (18.2-372 et seq.) of Chapter 8 of Title 18.2  18.2-379
Obscenity and Related Offenses - Unlawful creation of an image of another 18.2-386.1
Obscenity and Related Offenses - Unlawful dissemination or sale of images of another  18.2-386.2 
Riot and Unlawful Assembly  
Riot and Unlawful Assembly – Conspiracy; incitement, etc., to riot  18.2-408
Riot and Unlawful Assembly –Commission of certain offenses in county, city or town declared by Governor to be in state of riot or insurrection 18.2-413
Riot and Unlawful Assembly – Injury to property or persons by persons unlawfully or riotously assembled  18.2-414 
Activities Tending to Cause Violence  
Activities Tending to Cause Violence - Burning cross on property of another or public place with intent to intimidate; 18.2-423
Activities Tending to Cause Violence - Burning object on property of another or a highway or other public place with intent to intimidate  18.2-423.01
Activities Tending to Cause Violence - Placing swastika on certain property with intent to intimidate 18.2-423.1
Activities Tending to Cause Violence - Displaying noose on property of another or a highway or other public place with intent to intimidate 18.2-423.2 
Unlawful Paramilitary Activity  
Unlawful Paramilitary Activity - Paramilitary activity  18.2-433.2
Interference with Administration of Justice  
Interference with Administration of Justice - Providing false information or failing to provide registration information 18.2-472.1 
Escape of, Communications with and Deliveries to Prisoners   
Escape of, Communications with and Deliveries to Prisoners - Delivery of drugs, firearms, explosives, etc. to prisoners or committed persons  18.2-474.1 
Escape of, Communications with and Deliveries to Prisoners –Prisoner escaping from jail  18.2-477 
Escape of, Communications with and Deliveries to Prisoners –Escapes from juvenile facility 18.2-477.1 
Escape of, Communications with and Deliveries to Prisoners Punishment for certain offenses while in a secure juvenile facility or detention home (Commission of felony)  18.2-477.2 
Escape of, Communications with and Deliveries to Prisoners – Escape from jail or custody by force or violence without setting fire to jail 18.2-478 
Escape of, Communications with and Deliveries to Prisoners – Escape without force or violence or setting fire to jail  18.2-479 
Escape of, Communications with and Deliveries to Prisoners –Escape, etc., by setting fire to jail 18.2-480 
Treason and Related Offenses  
Treason and Related Offenses – Treason  18.2-481
Treason and Related Offenses - Advocacy of change in government by force, violence or other unlawful means  18.2-484 
Treason and Related Offenses - Conspiring to incite one race to insurrection against another race 18.2-485
Civil Commitment of Sexually Violent Predators   
Civil Commitment of Sexually Violent Predators - Escape of persons committed 37.2-917 
Crimes by Prisoners  
Crimes by Prisoners - Felonies by prisoners 53.1-203 

 

"Barrier crime" under Code § 19.2-392.02, Clause (ii) includes: Any violation of:

 

OFFENSE

Or Substantially Similar Offense Under the Laws of Another Jurisdiction

VA CODE SECTION
Burglary and Related Offenses  
Burglary and Related Offenses - Burglary 18.2-89
Burglary and Related Offenses – Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson  18.2-90 
Burglary and Related Offenses – Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony 18.2-91
Burglary and Related Offenses – Breaking and entering dwelling house with intent to commit other misdemeanor  18.2-92
Burglary and Related Offenses – Entering bank, armed, with intent to commit larceny 18.2-93 
Burglary and Related Offenses – Possession of burglarious tools, etc. 18.2-94

 

"Barrier crime" under Code § 19.2-392.02, Clause (iii) is: Any FELONY violation of: 

 

OFFENSE

Or Substantially Similar Offense Under the Laws of Another Jurisdiction

VA CODE SECTION
Possession of Retail Marijuana and Retail Marijuana Products   
Possession of Retail Marijuana and Retail Marijuana Products – Home cultivation of marijuana for personal use 4.1-1101
Drugs  
Drugs – Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance  18.2-248
Drugs – Transporting controlled substances into the Commonwealth 18.2-248.01
Drugs – Allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine or fentanyl  18.2-248.02
Drugs – Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine 18.2-248.03 
Drugs – Sale, gift, distribution, or possession with intent to sell, give, or distribute marijuana  18.2-248.1 
Drugs – Illegal stimulants and steroids 18.2-248.5
Drugs – Possession and distribution of flunitrazepam  18.2-251.2
Drugs – Possession and distribution of gamma-butyrolactone; 1, 4- butanediol  18.2-251.3
Drugs – Distribution of certain drugs to persons under 18 18.2-255 
Drugs – Sale or manufacture of drugs on or near certain properties 18.2-255.2
Drugs – Certain premises deemed common nuisance 18.2-258 
Drugs – Maintaining a fortified drug house 18.2-258.02
Drugs – Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit, or forgery  18.2-258.1 
Drugs – Assisting individuals in unlawfully procuring prescription drugs  18.2-258.2 

 

"Barrier crime" under Code § 19.2-392.02, Clause (iv) is: Any FELONY violation of: 

 

OFFENSE 
Or Substantially Similar Offense Under the Laws of Another Jurisdiction 
VA CODE SECTION
Drugs – Possession of controlled substances 18.2-250

 

"Barrier crime" under Code § 19.2-392.02, Clause (v) is:

  • any offense set forth in § 9.1-902 that results in the person's requirement to register with the Sex Offender and Crimes Against Minors Registry pursuant to § 9.1-901, including any finding that a person is not guilty by reason of insanity in accordance with 
    Chapter 11.1 (§ 19.2-182.2 et seq.) of Title 19.2 of an offense set forth in § 9.1-902 that results in the person's requirement to register with the Sex Offender and Crimes Against Minors Registry pursuant to

§ 9.1-901; 

  • any substantially similar offense under the laws of another jurisdiction; or any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted.

§ 9.1-902. Offenses requiring registration. 
 
A. For purposes of this chapter:

"Murder" means a violation of, attempted violation of, or conspiracy to violate § 18.2-31 or 18.2-32 where the victim is (i) under 15 years of age or (ii) where the victim is at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section or a violation of former § 18.1-21 where the victim is (a) under 15 years of age or (b) at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section.

"Offense for which registration is required" includes: 

  1. Any Tier I, Tier II, or Tier III offense;
  2. Murder;
  3. Any offense similar to a Tier I, Tier II, or Tier III offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof; and
  4. Any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted.

"Tier I offense" means (i) any homicide in conjunction with a violation of, attempted violation of, or conspiracy to violate clause (i) of § 18.2-371 or § 18.2-371.1, when the offenses arise out of the same incident, or (ii) any violation of, attempted violation of, or conspiracy to violate: 

1. § 18.2-63 unless registration is required pursuant to subdivision 1 of the definition of Tier III offense; former § 18.2-67.2:1; § 18.2-90 with the intent to commit rape; former § 18.1-88 with the intent to commit rape; any former felony violation of § 18.2-346; any felony violation of § 18.2-346.01; any violation of subdivision (4) of § 18.2-355; any violation of subsection C of § 18.2-357.1; subsection B of § 18.2-374.1:1; former subsection D of § 18.2-374.1:1 as it was in effect from July 1, 1994, through June 30, 2007; former clause (iv) of subsection B of § 18.2-374.3 as it was in effect on June 30, 2007; subsection B of § 18.2-374.3; or a third or subsequent conviction of § 18.2-67.4, § 18.2-67.4:2, subsection C of § 18.2-67.5, § 18.2-386.1, or, if the offense was committed on or after July 1, 2020, § 18.2-386.2.

If the offense was committed on or after July 1, 2006, § 18.2-91 with the intent to commit any felony offense listed in this section; subsection A of § 18.2-374.1:1; or a felony under § 18.2- 67.5:1.

2. Where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection A of § 18.2-47, clause (i) of § 18.2-48, § 18.2-67.4, subsection C of § 18.2-67.5, § 18.2-361, § 18.2-366, or a felony violation of former § 
18.1-191.

3.  § 18.2-370.6.

4. If the offense was committed on or after July 1, 2016, and where the perpetrator is 18 years of age or older and the victim is under the age of 13, any violation of § 18.2-51.2. 
 
5. If the offense was committed on or after July 1, 2016, any violation of § 18.2-356 punishable as a Class 3 felony or any violation of § 18.2-357 punishable as a Class 3 felony. 

6. If the offense was committed on or after July 1, 2019, any felony violation of § 18.2-348 or 18.2-349.

"Tier II offense" means any violation of, attempted violation of, or conspiracy to violate § 18.264.1, subsection C of § 18.2-374.1:1, or subsection C, D, or E of § 18.2-374.3. 


"Tier III offense" means a violation of, attempted violation of, or conspiracy to violate:

1. Clause (ii) and (iii) of § 18.2-48, former § 18.1-38 with the intent to defile or, for the purpose of concubinage or prostitution, a felony violation of subdivision (2) or (3) of former § 18.1-39 that involves assisting or aiding in such an abduction, § 18.2-61, 
former § 18.1-44 when such act is accomplished against the complaining witness's will, by force, or through the use of the complaining witness's mental incapacity or physical helplessness, or if the victim is under 13 years of age, subsection A of § 18.2-63 where the perpetrator is more than five years older than the victim, § 18.2-67.1, § 18.2-67.2, § 18.2-67.3, former § 18.1-215 when the complaining witness is under 13 years of age, § 18.2-67.4 where the perpetrator is 18 years of age or older and the victim is under the age of six, subsections A and B of § 18.2-67.5, § 18.2- 370, subdivision (1), (2), or (4) of former § 18.1-213, former § 18.1-214, § 18.2-370.1, or § 18.2-374.1;

2. § 18.2-63, § 18.2-64.1, former § 18.2-67.2:1, § 18.2-90 with the intent to commit rape or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in §18.2-67.10, subsection A of § 18.2-47, § 18.2-67.4, subsection C of § 18.2-67.5, clause (i) of § 18.2-48, § 18.2-361, § 18.2-366, or subsection C of § 18.2-374.1:1. An offense listed under this subdivision shall be deemed a Tier III offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that person had been at liberty between such convictions or adjudications; 

3. If the offense was committed on or after July 1, 2006, § 18.2-91 with the intent to commit any felony offense listed in this section. An offense listed under this subdivision shall be deemed a Tier III offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that the person had been at liberty between such convictions or adjudications; or 

4. Chapter 117 (18 U.S.C. § 2421 et seq.) of Title 18 of the United States Code or sex trafficking (as described in § 1591 of Title 18, U.S.C.).

B. "Tier I offense" as defined in this section, "Tier II offense" as defined in this section, "Tier III offense" as defined in this section, and "murder" as defined in this section includes any similar offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof.

C. 1. Any offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof that is similar to (i) any Tier I, II, or III offense or (ii) murder as defined in this section shall require registration and reregistration in accordance with this chapter in a manner consistent with the registration and reregistration obligations imposed by the similar offense listed or defined in this section, unless such offense requires more stringent registration and reregistration obligations under the laws of the jurisdiction where the offender was convicted. In instances where more stringent registration and reregistration obligations are required under the laws of the jurisdiction where the offender was convicted, the offender shall register and reregister as required by this chapter in a manner most similar with the registration obligations imposed under the laws of the jurisdiction where the offender was convicted. 

2. Any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted shall require registration and reregistration in accordance with this chapter in the manner most similar with the registration and reregistration obligations imposed under the laws of the jurisdiction where the offender was convicted unless such offense is similar to (i) any Tier I, II, or III offense or (ii) murder as defined in this section and the registration and reregistration obligations imposed by the similar offense listed or defined in this section are more stringent than those registration and reregistration obligations imposed under the laws of the jurisdiction where the offender was convicted. In instances where the similar offense listed or defined in this section imposes more stringent registration and reregistration obligations, the offender shall 
register and reregister as required by this chapter in a manner consistent with the registration and reregistration obligations imposed by the similar offense listed or defined in this section.

D.  Juveniles adjudicated delinquent shall not be required to register; however, where the offender is a juvenile over the age of 13 at the time of the offense who is tried as a juvenile and is adjudicated delinquent on or after July 1, 2005, of any offense for which registration is required, the court may, in its discretion and upon motion of the attorney for the Commonwealth, find that the circumstances of the offense require offender registration. In making its determination, the court shall consider all of the following factors that are relevant to the case: (i) the degree to which the delinquent act was committed with the use of force, threat, or intimidation, (ii) the age and maturity of the complaining witness, (iii) the age and maturity of the offender, (iv) the difference in the ages of the complaining witness and the offender, (v) the nature of the relationship between the complaining witness and the offender, (vi) the offender's prior criminal history, and (vii) any other aggravating or mitigating factors relevant to the case. The attorney for the Commonwealth may file such a motion at any time during which the offender is within the jurisdiction of the court for the offense that is the basis for such motion. Prior to any hearing on such motion, the court shall appoint a qualified and competent attorney-at-law to represent the offender unless an attorney has been retained and appears on behalf of the offender or counsel has already been appointed.

E. Prior to entering judgment of conviction of an offense for which registration is required if the victim of the offense was a minor, physically helpless, or mentally incapacitated, when the indictment, warrant, or information does not allege that the victim of the offense was a minor, physically helpless, or mentally incapacitated, the court shall determine by a preponderance of the evidence whether the victim of the offense was a minor, physically helpless, or mentally incapacitated, as defined in § 18.2-67.10, and shall also determine the age of the victim at the time of the offense if it determines the victim to be a minor. When such a determination is required, the court shall advise the defendant of its determination and of the defendant's right to make a motion to withdraw a plea of guilty or nolo contendere pursuant to § 19.2-296. If the court grants the defendant's motion to withdraw his plea of guilty or of nolo contendere, his case shall be heard by another judge, unless the parties agree otherwise. Failure to make such determination or so advise the defendant does not otherwise invalidate the underlying conviction.

"Barrier crime" under Code § 19.2-392.02, Clause (vi) is: 
Any other felony not included in clause (i), (ii), (iii), (iv), or (v) unless five years have elapsed from the date of the conviction.