Virginia Code 9.1-149: Unlicensed activity prohibited; penalty.
A. No person:
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 12 months | up to $2,500 |
Terms Used In Virginia Code 9.1-149
- Alarm respondent: means an individual who responds to the signal of an alarm for the purpose of detecting an intrusion of the home, business or property of the end user. See Virginia Code 9.1-138
- Armed: means a private security registrant who carries or has immediate access to a firearm in the performance of his duties. See Virginia Code 9.1-138
- Armed security officer: means a natural person employed to (i) safeguard and protect persons and property or (ii) deter theft, loss, or concealment of any tangible or intangible personal property on the premises he is contracted to protect, and who carries or has access to a firearm in the performance of his duties. See Virginia Code 9.1-138
- Armored car personnel: means persons who transport or offer to transport under armed security from one place to another, money, negotiable instruments or other valuables in a specially equipped motor vehicle with a high degree of security and certainty of delivery. See Virginia Code 9.1-138
- Board: means the Criminal Justice Services Board. See Virginia Code 9.1-101
- Central station dispatcher: means an individual who monitors burglar alarm signal devices, burglar alarms or any other electrical, mechanical or electronic device used (i) to prevent or detect burglary, theft, shoplifting, pilferage or similar losses; (ii) to prevent or detect intrusion; or (iii) primarily to summon aid for other emergencies. See Virginia Code 9.1-138
- Certification: means the method of regulation indicating that qualified persons have met the minimum requirements as private security services training schools, private security services instructors, compliance agents, or certified detector canine handler examiners. See Virginia Code 9.1-138
- Compliance agent: means an individual who owns or is employed by a licensed private security services business to ensure the compliance of the private security services business with this title. See Virginia Code 9.1-138
- Courier: means any armed person who transports or offers to transport from one place to another documents or other papers, negotiable or nonnegotiable instruments, or other small items of value that require expeditious services. See Virginia Code 9.1-138
- Electronic security sales representative: means an individual who sells electronic security equipment on behalf of an electronic security business to the end user. See Virginia Code 9.1-138
- Electronic security technician: means an individual who installs, services, maintains or repairs electronic security equipment. See Virginia Code 9.1-138
- Employed: means to be in an employer/employee relationship where the employee is providing work in exchange for compensation and the employer directly controls the employee's conduct and pays some taxes on behalf of the employee. See Virginia Code 9.1-138
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Personal protection specialist: means any individual who engages in the duties of providing close protection from bodily harm to any person. See Virginia Code 9.1-138
- Private investigator: means any individual who engages in the business of, or accepts employment to make, investigations to obtain information on (i) crimes or civil wrongs; (ii) the location, disposition, or recovery of stolen property; (iii) the cause of accidents, fires, damages, or injuries to persons or to property; or (iv) evidence to be used before any court, board, officer, or investigative committee. See Virginia Code 9.1-138
- Private security services business: means any person engaged in the business of providing, or who undertakes to provide, armored car personnel, security officers, personal protection specialists, private investigators, couriers, security canine handlers, security canine teams, detector canine handlers, detector canine teams, alarm respondents, locksmiths, central station dispatchers, electronic security employees, electronic security sales representatives or electronic security technicians and their assistants to another person under contract, express or implied. See Virginia Code 9.1-138
- Private security services training school: means any person certified by the Department to provide instruction in private security subjects for the training of private security services business personnel in accordance with this article. See Virginia Code 9.1-138
- Registration: means a method of regulation whereby certain personnel employed by a private security services business are required to register with the Department pursuant to this article. See Virginia Code 9.1-138
- Security canine: means a dog that has attended, completed, and been certified as a security canine by a certified security canine handler instructor in accordance with approved Department procedures and certification guidelines. See Virginia Code 9.1-138
- Security canine handler: means any individual who utilizes his security canine in the performance of private security duties. See Virginia Code 9.1-138
- Unarmed security officer: means a natural person who performs the functions of observation, detection, reporting, or notification of appropriate authorities or designated agents regarding persons or property on the premises he is contracted to protect, and who does not carry or have access to a firearm in the performance of his duties. See Virginia Code 9.1-138
1. Required to possess a registration under subsection C of § 9.1-139 shall be employed by a private security services business, except as provided in this article, as armored car personnel, courier, armed security officer, security canine handler, personal protection specialist, private investigator, alarm respondent, central station dispatcher, electronic security sales representative or electronic security technician without possessing a valid registration.
2. Licensed or required to be licensed under subsection A of § 9.1-139 shall employ or otherwise utilize, except as provided in this article, as armored car personnel, courier, armed security officer, security canine handler, personal protection specialist, private investigator, alarm respondent, central station dispatcher, electronic security sales representative or electronic security technician, any person not possessing a valid registration.
3. Required to possess an instructor certification under subsection D of § 9.1-139 shall provide mandated instruction, except as provided in § 9.1-141 and Board regulations, without possessing a valid private security instructor certification.
4. Certified or required to be certified as a private security services training school under subsection B of § 9.1-139 shall employ or otherwise utilize, except as provided in § 9.1-141 and Board regulations, as a private security instructor, any person not possessing a valid instructor certification.
B. No compliance agent employed or otherwise utilized by a person licensed or required to be licensed under subsection A of § 9.1-139 shall:
1. Employ or otherwise utilize as an unarmed security officer, except as provided in this article, any individual for whom the compliance agent does not possess documentary evidence of compliance with, or exemption from, the compulsory minimum training standards established by the Board for unarmed security officers and before January 1, 2003, maintain documentary evidence that an investigation to determine suitability has been conducted.
2. Employ or otherwise utilize as an electronic security technician’s assistant, except as provided in this article, any individual for whom the compliance agent does not possess documentary evidence of compliance with, or exemption from, the compulsory minimum training standards established by the Board for electronic security technician’s assistants.
C. Any person convicted of a violation of subsections A or B shall be guilty of a Class 1 misdemeanor.
1976, c. 737, § 54-729.34; 1980, c. 425, § 54.1-1908; 1988, cc. 48, 765; 1992, c. 578, § 9-183.9; 1994, cc. 45, 810; 1995, c. 79; 1998, cc. 122, 807; 2001, c. 844; 2002, cc. 578, 597.