Tellico Plains, TN asked in Criminal Law for Virginia

Q: 1. Not on probation or parole. 2. Tier 1, on the registry. 3. Have kept registry up to date.

4 Had a state police officer show up today and I am in another state helping a friend fix his house. This is not a job but a favor. Fiance who opened door was asked if I live there, I do. Cop wanted to know where I was, this was a home check. She told him off in TN helping a friend for a few days. Cop informs her I have to register my movement if I go out of state. Can mot find that anywhere in VA law Do I ?

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1 Lawyer Answer

A: The Registry Act focuses on keeping your "residence" up-to-date with Virginia authorities; it doesn't have any obvious prohibition on temporary movement outside of the Commonwealth to another state. There is a statutory registration requirement within 3 days for people coming into Virginia from another state, but it doesn't cover registrants traveling outside of Virginia. There is also a statute indicating that the Registry Act "shall be liberally construed" and so that leaves some room for interpretation on the notification requirements which may or may not govern your situation. It still seems like a stretch to consider a temporary stay as you described a new "residence" but that is not up to me to decide. Keep in mind also that Tennessee has its own rules and you may be required to register with their authorities even as a visitor. A quick search indicates that Tennessee may require notification as soon as within 48 hours of your arrival, but keep in mind that I am not licensed to practice law in Tennessee and I am not familiar with their statutes.

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