{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/37.2-900.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/37.2-900.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/37.2-900.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/37.2-900.html"}],"law_id":361097,"edition_id":2,"section_id":361097,"structure_id":51643,"section_number":"37.2-900","catch_line":"Definitions","history":"1999, cc. 946, 985, \u00a7 37.1-70.1; 2001, c. 776; 2003, cc. 989, 1018; 2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, cc. 740, 813, 840.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\n“Commissioner” means the Commissioner of Behavioral Health and Developmental Services.\n\n“Defendant” means any person charged with a sexually violent offense who is deemed to be an unrestorably incompetent defendant pursuant to \u00a7 19.2-169.3 and is referred for commitment review pursuant to this chapter.\n\n“Department” means the Department of Behavioral Health and Developmental Services.\n\n“Director” means the Director of the Department of Corrections.\n\n“Mental abnormality” or “personality disorder” means a congenital or acquired condition that affects a person’s emotional or volitional capacity and renders the person so likely to commit sexually violent offenses that he constitutes a menace to the health and safety of others.\n\n“Respondent” means the person who is subject of a petition filed under this chapter.\n\n“Sexually violent offense” means a felony under (i) former \u00a7 18-54, former \u00a7 18.1-44, subdivision A 5 of \u00a7 18.2-31, \u00a7 18.2-61, 18.2-67.1, or 18.2-67.2; (ii) \u00a7 18.2-48 (ii), 18.2-48 (iii), 18.2-63, 18.2-64.1, or 18.2-67.3; (iii) subdivision A 1 of \u00a7 18.2-31 where the abduction was committed with intent to defile the victim; (iv) \u00a7 18.2-32 when the killing was in the commission of, or attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration; (v) the laws of the Commonwealth for a forcible sexual offense committed prior to July 1, 1981, where the criminal behavior is set forth in \u00a7 18.2-67.1 or 18.2-67.2, or is set forth in \u00a7 18.2-67.3; or (vi) conspiracy to commit or attempt to commit any of the above offenses.\n\n“Sexually violent predator” means any person who (i) has been convicted of a sexually violent offense, or has been charged with a sexually violent offense and is unrestorably incompetent to stand trial pursuant to \u00a7 19.2-169.3; and (ii) because of a mental abnormality or personality disorder, finds it difficult to control his predatory behavior, which makes him likely to engage in sexually violent acts.\n\n","order_by":null,"text":{"0":{"id":1343763,"text":"As used in this chapter, unless the context requires a different meaning:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1343764,"text":"“Commissioner” means the Commissioner of Behavioral Health and Developmental Services.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1343765,"text":"“Defendant” means any person charged with a sexually violent offense who is deemed to be an unrestorably incompetent defendant pursuant to \u00a7 19.2-169.3 and is referred for commitment review pursuant to this chapter.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"3":{"id":1343766,"text":"“Department” means the Department of Behavioral Health and Developmental Services.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"4":{"id":1343767,"text":"“Director” means the Director of the Department of Corrections.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"5":{"id":1343768,"text":"“Mental abnormality” or “personality disorder” means a congenital or acquired condition that affects a person’s emotional or volitional capacity and renders the person so likely to commit sexually violent offenses that he constitutes a menace to the health and safety of others.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"6":{"id":1343769,"text":"“Respondent” means the person who is subject of a petition filed under this chapter.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"7":{"id":1343770,"text":"“Sexually violent offense” means a felony under (i) former \u00a7 18-54, former \u00a7 18.1-44, subdivision A 5 of \u00a7 18.2-31, \u00a7 18.2-61, 18.2-67.1, or 18.2-67.2; (ii) \u00a7 18.2-48 (ii), 18.2-48 (iii), 18.2-63, 18.2-64.1, or 18.2-67.3; (iii) subdivision A 1 of \u00a7 18.2-31 where the abduction was committed with intent to defile the victim; (iv) \u00a7 18.2-32 when the killing was in the commission of, or attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration; (v) the laws of the Commonwealth for a forcible sexual offense committed prior to July 1, 1981, where the criminal behavior is set forth in \u00a7 18.2-67.1 or 18.2-67.2, or is set forth in \u00a7 18.2-67.3; or (vi) conspiracy to commit or attempt to commit any of the above offenses.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"8":{"id":1343771,"text":"“Sexually violent predator” means any person who (i) has been convicted of a sexually violent offense, or has been charged with a sexually violent offense and is unrestorably incompetent to stand trial pursuant to \u00a7 19.2-169.3; and (ii) because of a mental abnormality or personality disorder, finds it difficult to control his predatory behavior, which makes him likely to engage in sexually violent acts.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":51643,"edition_id":2,"name":"Civil Commitment of Sexually Violent Predators","identifier":"9","label":"chapter","depth":3,"order_by":2,"parent_id":51633,"metadata":{"child_laws":25,"child_structures":0},"date_created":"2026-08-02 02:45:27","date_modified":"2026-08-02 12:32:54","permalink":{"id":1437505,"object_type":"structure","relational_id":51643,"identifier":"9","token":"37.2\/III\/9","url":"\/37.2\/III\/9\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51633,"edition_id":2,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":51608,"metadata":{"child_laws":82,"child_structures":10},"date_created":"2026-08-02 02:45:19","date_modified":"2026-08-02 12:32:52","permalink":{"id":1437257,"object_type":"structure","relational_id":51633,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51608,"edition_id":2,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":85,"parent_id":null,"metadata":{"child_laws":229,"child_structures":35},"date_created":"2026-08-02 02:44:56","date_modified":"2026-08-02 12:32:46","permalink":{"id":1436675,"object_type":"structure","relational_id":51608,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":361097,"structure_id":51643,"section_number":"37.2-900","catch_line":"Definitions","url":"\/37.2-900\/","token":"37.2\/III\/9\/37.2-900","metadata":false},{"id":361096,"structure_id":51643,"section_number":"37.2-900.1","catch_line":"Office of Sexually Violent Predator Services","url":"\/37.2-900.1\/","token":"37.2\/III\/9\/37.2-900.1","metadata":false},{"id":361098,"structure_id":51643,"section_number":"37.2-901","catch_line":"Civil proceeding; 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Director, Virginia Department of Corrections","case_number":"Case No. 1:14cv1637","citation":"103 F. Supp. 3d 749","date":"2015-04-30","url":"https:\/\/www.courtlistener.com\/opinion\/7313399\/kim-v-director-virginia-department-of-corrections\/","abstract":" .\u202f.\u202f. MEMORANDUM OPINION .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"},"4":{"name":"Thomas v. Commonwealth","case_number":"Record 180015; Record 180764","citation":"829 S.E.2d 534","date":"2019-06-27","url":"https:\/\/www.courtlistener.com\/opinion\/4633395\/thomas-v-commonwealth\/","abstract":" .\u202f.\u202f. OPINION BY JUSTICE STEPHEN R. McCULLOUGH .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"5":{"name":"Thomas v. Commonwealth (CORRECTED)","case_number":"180764","citation":null,"date":"2019-06-27","url":"https:\/\/www.courtlistener.com\/opinion\/4636315\/thomas-v-commonwealth-corrected\/","abstract":" .\u202f.\u202f. PRESENT: All the Justices .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"6":{"name":"Lawrence v. Com.","case_number":"091119","citation":"689 S.E.2d 748","date":"2010-02-25","url":"https:\/\/www.courtlistener.com\/opinion\/1058230\/lawrence-v-com\/","abstract":" .\u202f.\u202f. 689 S.E.2d 748 (2010) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"7":{"name":"Com. v. Wynn","case_number":"Record 072412.","citation":"671 S.E.2d 137","date":"2009-01-16","url":"https:\/\/www.courtlistener.com\/opinion\/1058412\/com-v-wynn\/","abstract":" .\u202f.\u202f. 671 S.E.2d 137 (2009) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"8":{"name":"Commonwealth v. Blaxton","case_number":"102360","citation":null,"date":"2012-03-02","url":"https:\/\/www.courtlistener.com\/opinion\/1057927\/commonwealth-v-blaxton\/","abstract":" .\u202f.\u202f. Present: Kinser, C.J., Lemons, Goodwyn, Millette, McClanahan .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"9":{"name":"Com. v. Bell","case_number":"102314","citation":"714 S.E.2d 562","date":"2011-09-16","url":"https:\/\/www.courtlistener.com\/opinion\/1058005\/com-v-bell\/","abstract":" .\u202f.\u202f. 714 S.E.2d 562 (2011) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"}}}},{"id":361108,"structure_id":51643,"section_number":"37.2-909","catch_line":"Placement of committed respondents","url":"\/37.2-909\/","token":"37.2\/III\/9\/37.2-909","metadata":false},{"id":361109,"structure_id":51643,"section_number":"37.2-910","catch_line":"Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition","url":"\/37.2-910\/","token":"37.2\/III\/9\/37.2-910","metadata":{"court_decisions":{"0":{"name":"Johnny Ray Benefield v. Commonwealth of Virginia","case_number":"0487243","citation":null,"date":"2024-11-19","url":"https:\/\/www.courtlistener.com\/opinion\/10277227\/johnny-ray-benefield-v-commonwealth-of-virginia\/","abstract":" .\u202f.\u202f. COURT OF APPEALS OF VIRGINIA .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"1":{"name":"Shellman v. Commonwealth","case_number":"120261","citation":null,"date":"2012-11-01","url":"https:\/\/www.courtlistener.com\/opinion\/1057809\/shellman-v-commonwealth\/","abstract":" .\u202f.\u202f. Present: Kinser, C.J., Lemons, Goodwyn, Millette, McClanahan, .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"2":{"name":"Thomas v. Commonwealth (CORRECTED)","case_number":"180764","citation":null,"date":"2019-06-27","url":"https:\/\/www.courtlistener.com\/opinion\/4636315\/thomas-v-commonwealth-corrected\/","abstract":" .\u202f.\u202f. PRESENT: All the Justices .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"3":{"name":"Thomas v. Commonwealth","case_number":"Record 180015; Record 180764","citation":"829 S.E.2d 534","date":"2019-06-27","url":"https:\/\/www.courtlistener.com\/opinion\/4633395\/thomas-v-commonwealth\/","abstract":" .\u202f.\u202f. OPINION BY JUSTICE STEPHEN R. McCULLOUGH .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"4":{"name":"Lotz v. Com.","case_number":"Record 081122.","citation":"672 S.E.2d 833","date":"2009-02-27","url":"https:\/\/www.courtlistener.com\/opinion\/1058377\/lotz-v-com\/","abstract":" .\u202f.\u202f. 672 S.E.2d 833 (2009) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"5":{"name":"Com. v. Bell","case_number":"102314","citation":"714 S.E.2d 562","date":"2011-09-16","url":"https:\/\/www.courtlistener.com\/opinion\/1058005\/com-v-bell\/","abstract":" .\u202f.\u202f. 714 S.E.2d 562 (2011) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"6":{"name":"Smith v. Com.","case_number":"091535","citation":"694 S.E.2d 578","date":"2010-06-10","url":"https:\/\/www.courtlistener.com\/opinion\/1058175\/smith-v-com\/","abstract":" .\u202f.\u202f. 694 S.E.2d 578 (2010) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"7":{"name":"Gibson v. 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This law was first created in 1999. The record of its establishment is cataloged in chapters 946<\/a> and 985<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 776<\/a>; in 2003, chapters 989<\/a> and 1018<\/a>; in 2005, chapters 716<\/a> and 914<\/a>; in 2006, chapters 863<\/a> and 914<\/a>; in 2007, chapter 876<\/a>; in 2009, chapters 740<\/a>, 813<\/a>, and 840<\/a>.<\/p>","references":[{"id":349696,"section_number":"16.1-300","catch_line":"Confidentiality of Department records","order_by":null,"url":"\/16.1-300\/"},{"id":349705,"section_number":"16.1-305","catch_line":"Confidentiality of court records","order_by":null,"url":"\/16.1-305\/"},{"id":349868,"section_number":"16.1-69.55","catch_line":"Retention of case records; limitations on enforcement of judgments; extensions","order_by":null,"url":"\/16.1-69.55\/"},{"id":349978,"section_number":"17.1-213","catch_line":"Disposition of papers in ended cases","order_by":null,"url":"\/17.1-213\/"},{"id":351223,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"},{"id":351348,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","order_by":null,"url":"\/19.2-169.3\/"},{"id":351358,"section_number":"19.2-174.1","catch_line":"Information required prior to admission to a mental health facility","order_by":null,"url":"\/19.2-174.1\/"},{"id":351609,"section_number":"19.2-301","catch_line":"Judge shall require examination under \u00a7 19.2-300; by whom made; report; expenses of psychiatrist","order_by":null,"url":"\/19.2-301\/"},{"id":351821,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":351818,"section_number":"19.2-389.1","catch_line":"Dissemination of juvenile record information","order_by":null,"url":"\/19.2-389.1\/"},{"id":352959,"section_number":"2.2-3703","catch_line":"Public bodies and records to which chapter inapplicable; voter registration and election records; access by persons incarcerated in a state, local, or federal correctional facility","order_by":null,"url":"\/2.2-3703\/"},{"id":352966,"section_number":"2.2-3705.2","catch_line":"Exclusions to application of chapter; 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punishment","order_by":null,"url":"\/18.2-32\/"},{"id":351038,"section_number":"18.2-48","catch_line":"Abduction with intent to extort money or for immoral purpose","order_by":null,"url":"\/18.2-48\/"},{"id":351136,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":351139,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","order_by":null,"url":"\/18.2-63\/"},{"id":351140,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","order_by":null,"url":"\/18.2-64.1\/"},{"id":351146,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","order_by":null,"url":"\/18.2-67.1\/"},{"id":351148,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","order_by":null,"url":"\/18.2-67.2\/"},{"id":351150,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","order_by":null,"url":"\/18.2-67.3\/"},{"id":351348,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","order_by":null,"url":"\/19.2-169.3\/"}],"permalink":{"id":1437507,"object_type":"law","relational_id":361097,"identifier":"37.2-900","token":"37.2\/III\/9\/37.2-900","url":"\/37.2-900\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/37.2-900\/","token":"37.2\/III\/9\/37.2-900","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-900","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:<\/p>

“Commissioner<\/span>” means the Commissioner<\/span> of Behavioral Health and Developmental Services<\/span>.<\/p>

“Defendant<\/span>” means any person charged with a sexually violent offense<\/span> who is deemed to be an unrestorably incompetent defendant<\/span> pursuant to \u00a7 19.2-169.3<\/a> and is referred for commitment review pursuant to this chapter.<\/p>

“Department<\/span>” means the Department<\/span> of Behavioral Health and Developmental Services<\/span>.<\/p>

“Director<\/span>” means the Director<\/span> of the Department<\/span> of Corrections.<\/p>

“Mental abnormality<\/span>” or “personality disorder<\/span>” means a congenital or acquired condition that affects a person’s emotional or volitional capacity and renders the person so likely to commit sexually violent offenses<\/span> that he constitutes a menace to the health and safety of others.<\/p>

“Respondent<\/span>” means the person who is subject of a petition<\/span> filed under this chapter.<\/p>

“Sexually violent offense<\/span>” means a felony<\/span> under (i) former \u00a7 18-54, former \u00a7 18.1-44, subdivision A 5 of \u00a7 18.2-31<\/a>, \u00a7 18.2-61<\/a>, 18.2-67.1<\/a>, or 18.2-67.2<\/a>; (ii) \u00a7 18.2-48<\/a> (ii), 18.2-48<\/a> (iii), 18.2-63<\/a>, 18.2-64.1<\/a>, or 18.2-67.3<\/a>; (iii) subdivision A 1 of \u00a7 18.2-31<\/a> where the abduction was committed with intent<\/span> to defile the victim; (iv) \u00a7 18.2-32<\/a> when the killing was in the commission of, or attempt to commit rape<\/span>, forcible sodomy, or inanimate or animate object<\/span> sexual penetration; (v) the laws<\/span> of the Commonwealth for a forcible sexual offense committed prior to July 1, 1981, where the criminal behavior is set forth in \u00a7 18.2-67.1<\/a> or 18.2-67.2<\/a>, or is set forth in \u00a7 18.2-67.3<\/a>; or (vi) conspiracy to commit or attempt to commit any of the above offenses.<\/p>

“Sexually violent predator<\/span>” means any person who (i) has been convicted of a sexually violent offense<\/span>, or has been charged with a sexually violent offense<\/span> and is unrestorably incompetent to stand trial<\/span> pursuant to \u00a7 19.2-169.3<\/a>; and (ii) because of a mental abnormality<\/span> or personality disorder<\/span>, finds it difficult to control his predatory behavior, which makes him likely to engage in sexually violent acts.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 37.2-900)\n\nAs used in this chapter, unless the context requires a different meaning:\n\n“Commissioner” means the Commissioner of Behavioral Health and\nDevelopmental Services.\n\n“Defendant” means any person charged with a sexually violent offense\nwho is deemed to be an unrestorably incompetent defendant pursuant to \u00a7\n19.2-169.3 and is referred for commitment review pursuant to this chapter.\n\n“Department” means the Department of Behavioral Health and\nDevelopmental Services.\n\n“Director” means the Director of the Department of Corrections.\n\n“Mental abnormality” or “personality disorder” means a\ncongenital or acquired condition that affects a person’s emotional or\nvolitional capacity and renders the person so likely to commit sexually violent\noffenses that he constitutes a menace to the health and safety of others.\n\n“Respondent” means the person who is subject of a petition filed\nunder this chapter.\n\n“Sexually violent offense” means a felony under (i) former \u00a7 18-54,\nformer \u00a7 18.1-44, subdivision A 5 of \u00a7 18.2-31, \u00a7 18.2-61, 18.2-67.1, or\n18.2-67.2; (ii) \u00a7 18.2-48 (ii), 18.2-48 (iii), 18.2-63, 18.2-64.1, or\n18.2-67.3; (iii) subdivision A 1 of \u00a7 18.2-31 where the abduction was committed\nwith intent to defile the victim; (iv) \u00a7 18.2-32 when the killing was in the\ncommission of, or attempt to commit rape, forcible sodomy, or inanimate or\nanimate object sexual penetration; (v) the laws of the Commonwealth for a\nforcible sexual offense committed prior to July 1, 1981, where the criminal\nbehavior is set forth in \u00a7 18.2-67.1 or 18.2-67.2, or is set forth in \u00a7\n18.2-67.3; or (vi) conspiracy to commit or attempt to commit any of the above\noffenses.\n\n“Sexually violent predator” means any person who (i) has been\nconvicted of a sexually violent offense, or has been charged with a sexually\nviolent offense and is unrestorably incompetent to stand trial pursuant to \u00a7\n19.2-169.3; and (ii) because of a mental abnormality or personality disorder,\nfinds it difficult to control his predatory behavior, which makes him likely to\nengage in sexually violent acts.\n\nHISTORY: 1999, cc. 946, 985, \u00a7 37.1-70.1; 2001, c. 776; 2003, cc. 989, 1018;\n2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, cc. 740, 813, 840.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}