§ 19.2-61 Definitions
§ 19.2-62 Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions
§ 19.2-63 Manufacture, possession, sale or advertising of certain devices unlawful; penalties; exceptions
§ 19.2-63.1 Supervision and control of devices; unauthorized possession
§ 19.2-64 Forfeiture of unlawful devices
§ 19.2-65 When intercepted communications and evidence derived therefrom not to be received in evidence
§ 19.2-66 When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications
§ 19.2-67 Disclosure of information obtained by authorized means
§ 19.2-68 Application for and issuance of order authorizing interception; contents of order; recording and retention of intercepted communications, applications and orders; notice to parties; introduction in evidence of information obtained
§ 19.2-69 Civil action for unlawful interception, disclosure, or use
§ 19.2-70 Reports to be filed by courts and Attorney General
§ 19.2-70.1 General prohibition on pen register and trap and trace device use; exceptions
§ 19.2-70.2 Application for and issuance of order for a pen register or trap and trace device; assistance in installation and use
§ 19.2-70.3 Obtaining records concerning electronic communication service or remote computing service

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Terms Used In Virginia Code > Title 19.2 > Chapter 6 - Interception of Wire, Electronic or Oral Communications

  • ABIH: means a nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene by certifying individuals who meet its education, experience, examination and maintenance requirements. See Virginia Code 40.1-139
  • Abused or neglected child: means any child less than 18 years of age:

    1. See Virginia Code 63.2-100

  • Abused or neglected child: means any child:

    1. See Virginia Code 16.1-228

  • Accommodations: means any room or space for which tax is imposed on the retail sale of the same pursuant to this article. See Virginia Code 58.1-3818.8
  • Accommodations intermediary: means the same as such term is defined in § Virginia Code 58.1-3818.8
  • Accommodations provider: means the same as such term is defined in § Virginia Code 58.1-3818.8
  • Acquirer: means a business organization, financial institution or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card or credit card number for money, goods, services or anything else of value. See Virginia Code 18.2-191
  • Act of terrorism: means an act of violence as defined in clause (i) of subdivision A of § Virginia Code 18.2-46.4
  • Act of violence: means those felony offenses described in subsection C of § Virginia Code 18.2-46.1
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Adjusted gross receipts: means the gross receipts from casino gaming less winnings paid to winners. See Virginia Code 58.1-4100
  • Adjusted gross revenue: means gross revenue minus:

    1. See Virginia Code 58.1-4030

  • Adoptive home: means any family home selected and approved by a parent, local board or a licensed child-placing agency for the placement of a child with the intent of adoption. See Virginia Code 63.2-100
  • Adoptive home: means the place of residence of any natural person in which a child resides as a member of the household and in which he has been placed for the purposes of adoption or in which he has been legally adopted by another member of the household. See Virginia Code 16.1-228
  • Adult: means a person 18 years of age or older. See Virginia Code 16.1-228
  • Adult foster care: means room and board, supervision, and special services to an adult who has a physical or mental condition. See Virginia Code 63.2-100
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • affiliated group: has the meaning given in § Virginia Code 58.1-2600
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Affordable Care Act: means the Patient Protection and Affordable Care Act, P. See Virginia Code 38.2-6600
  • Affordable housing: means , as a guideline, housing that is affordable to households with incomes at or below the area median income, provided that the occupant pays no more than thirty percent of his gross income for gross housing costs, including utilities. See Virginia Code 15.2-2201
  • Agency: means all boards, commissions, departments, divisions, institutions, and authorities, and parts thereof, of the Commonwealth or its political subdivisions and includes the offices of constitutional officers. See Virginia Code 42.1-77
  • Aggrieved person: means a person who was a party to any intercepted wire, electronic or oral communication or a person against whom the interception was directed;

    "Aural transfer" means a transfer containing the human voice at any point between and including the point of origin and the point of reception;

    "Communications common carrier" means any person engaged as a common carrier for hire in communication by wire or radio or in radio transmission of energy;

    "Contents" when used with respect to any wire, electronic or oral communication, includes any information concerning the substance, purport or meaning of that communication;

    "Electronic, mechanical or other device" means any device or apparatus that can be used to intercept a wire, electronic or oral communication other than:

    (a) Any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of such service and used in the ordinary course of the subscriber's or user's business; or (ii) being used by a communications common carrier in the ordinary course of its business, or by an investigative or law-enforcement officer in the ordinary course of his duties;

    (b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal;

    "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system. See Virginia Code 19.2-61

  • Allegation: something that someone says happened.
  • Amateur sports: includes domestic, international, and Olympic sports or athletic events. See Virginia Code 58.1-4030
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • ancillary charge: means any delinquent act committed by a juvenile as a part of the same act or transaction as, or that constitutes a part of a common scheme or plan with, a delinquent act that would be a felony if committed by an adult. See Virginia Code 16.1-228
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Archives: means the program administered by The Library of Virginia for the preservation of archival records. See Virginia Code 42.1-77
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asbestos: means any material containing more than one percent of asbestos by weight, which is friable or which has a reasonable chance of becoming friable in the course of ordinary or anticipated building use. See Virginia Code 40.1-51.23
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Base assessed value: means the assessed value of real estate within a development project area as shown upon the land book records of the local assessing officer on January 1 of the year preceding the effective date of the ordinance creating the development project area. See Virginia Code 58.1-3245
  • Base assessed value: means the assessed value of real estate or machinery and tools within a local enterprise zone as shown upon the records of the local assessing officer on January 1 of the year preceding the effective date of the ordinance establishing the local enterprise zone development taxation. See Virginia Code 58.1-3245.6
  • Base offense: means an act of violence as defined in clause (i) of subdivision A of § Virginia Code 18.2-46.4
  • BCSP: means a nonprofit corporation established to improve the practice and educational standards of the safety profession by certifying individuals who meet its education, experience, examination, and maintenance requirements. See Virginia Code 40.1-139
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Blighted area: means any area within the borders of a development project area which impairs economic values and tax revenues, causes an increase in and spread of disease and crime, and is a menace to the health, safety, morals and welfare of the citizens of the Commonwealth; or any area which endangers the public health, safety and welfare because commercial, industrial and residential structures are subject to dilapidation, deterioration, obsolescence, inadequate ventilation, inadequate public utilities and violations of minimum health and safety standards; or any area previously designated as a blighted area pursuant to § 36-48; or any area adjacent to or in the immediate vicinity thereof which may be improved or enhanced in value by the placement of a proposed highway construction project. See Virginia Code 58.1-3245
  • Blighted property: means any property that endangers the public health or safety in its condition at the time of the filing of the petition for condemnation and is (i) a public nuisance or (ii) an individual commercial, industrial, or residential structure or improvement that is beyond repair or unfit for human occupancy or use. See Virginia Code 1-219.1
  • Board: means the Safety and Health Codes Board. See Virginia Code 40.1-2
  • Board: means the Safety and Health Codes Board. See Virginia Code 40.1-51.23
  • Board: means the State Library Board. See Virginia Code 42.1-77
  • Board: means the Virginia Lottery Board established by this chapter. See Virginia Code 58.1-4002
  • Board: means the Virginia Lottery Board established in the Virginia Lottery Law (§ Virginia Code 58.1-4100
  • Board of supervisors: means the governing body of a county. See Virginia Code 15.2-102
  • book or other library property: as used in this chapter shall include any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, artifacts, or other documentary, written, or printed material, regardless of physical form or characteristics, belonging to, on loan to, or otherwise in the custody of any library, museum, repository of public or other records institution as specified in § Virginia Code 42.1-74.1
  • books: as used in this chapter may be interpreted in the discretion of the Board to mean books, magazines, newspapers, appropriate audiovisual materials and other printed matter. See Virginia Code 42.1-56
  • Business establishment: means any proprietorship, firm or corporation where people are employed, permitted or suffered to work, including agricultural employment on a farm. See Virginia Code 40.1-2
  • Cardholder: means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. See Virginia Code 18.2-191
  • Carrier: means a person who operates or causes to be operated a commercial highway vehicle on any highway in the Commonwealth. See Virginia Code 58.1-2700
  • Casino gaming establishment: means the premises, including the entire property located at the address of the licensed casino, upon which lawful casino gaming is authorized and licensed as provided in this chapter. See Virginia Code 58.1-4100
  • Casino gaming operator: means any person issued a license by the Board to operate a casino gaming establishment. See Virginia Code 58.1-4100
  • Certificated motor vehicle carrier: means a common carrier by motor vehicle, as defined in § Virginia Code 58.1-2600
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Cheat: means to alter the selection criteria that determine the result of a game or the amount or frequency of payment in a game for the purpose of obtaining an advantage for one or more participants in a game over other participants in a game. See Virginia Code 58.1-4100
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child in need of services: means (i) a child whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of the child or (ii) a child under the age of 14 whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of another person; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services, nor shall any child who habitually remains away from or habitually deserts or abandons his family as a result of what the court or the local child protective services unit determines to be incidents of physical, emotional or sexual abuse in the home be considered a child in need of services for that reason alone. See Virginia Code 16.1-228
  • Child in need of supervision: means :

    1. See Virginia Code 16.1-228

  • Child support services: means any civil, criminal or administrative action taken by the Division of Child Support Enforcement to locate parents; establish paternity; and establish, modify, enforce, or collect child support, or child and spousal support. See Virginia Code 63.2-100
  • Child welfare agency: means a child-placing agency, child-caring institution or independent foster home as defined in § Virginia Code 16.1-228
  • Child-protective services: means the identification, receipt and immediate response to complaints and reports of alleged child abuse or neglect for children under 18 years of age. See Virginia Code 63.2-100
  • Child-welfare agency: means a child-placing agency, children's residential facility, or independent foster home. See Virginia Code 63.2-100
  • City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Coal producer: means any holder of an economic interest. See Virginia Code 58.1-3740
  • Cogenerator: means a qualifying cogenerator or qualifying small power producer within the meaning of regulations adopted by the Federal Energy Regulatory Commission in implementation of the Public Utility Regulatory Policies Act of 1978 (P. See Virginia Code 58.1-2600
  • College sports: means an athletic event (i) in which at least one participant is a team from a public or private institution of higher education, regardless of where such institution is located, and (ii) that does not include a team from a Virginia public or private institution of higher education. See Virginia Code 58.1-4030
  • Collegial body: means a governmental entity whose power or authority is vested within its membership. See Virginia Code 1-209
  • Commission: means the Safety and Health Codes Board. See Virginia Code 40.1-2
  • Commission: means the State Corporation Commission. See Virginia Code 38.2-100
  • Commission: means the State Corporation Commission. See Virginia Code 58.1-2500
  • Commission: means the State Corporation Commission which is hereby designated pursuant to Article X, § 2 of the Constitution of Virginia as the central state agency responsible for the assessment of the real and personal property of all public service corporations, except those public service corporations for which the Department of Taxation is so designated, upon which the Commonwealth levies a license tax measured by the gross receipts of such corporations. See Virginia Code 58.1-2600
  • Commissioner: means the Commissioner of Labor and Industry. See Virginia Code 40.1-2
  • Commissioner: means the Commissioner of Labor and Industry or his authorized representative. See Virginia Code 40.1-51.23
  • Commissioner: means the Commissioner of the Department, his designee or authorized representative. See Virginia Code 63.2-100
  • Commissioner of the revenue: means the same as that set forth in § Virginia Code 58.1-3523
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Company: means any association, aggregation of individuals, business, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or inter-insurance exchange, trustee or society. See Virginia Code 58.1-2500
  • Complaining witness: means the person alleged to have been subjected to rape, forcible sodomy, inanimate or animate object sexual penetration, marital sexual assault, aggravated sexual battery, or sexual battery. See Virginia Code 18.2-67.10
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confidential court records: means court records maintained by a clerk of a court of record, as defined in § 1-212, or a court not of record, as defined in § Virginia Code 17.1-292
  • Consent: means the voluntary, express, and informed agreement to treatment in a mental health facility by a minor 14 years of age or older and by a parent or a legally authorized custodian. See Virginia Code 16.1-336
  • Contents: when used with respect to any wire, electronic or oral communication, includes any information concerning the substance, purport or meaning of that communication;

    "Electronic, mechanical or other device" means any device or apparatus that can be used to intercept a wire, electronic or oral communication other than:

    (a) Any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of such service and used in the ordinary course of the subscriber's or user's business; or (ii) being used by a communications common carrier in the ordinary course of its business, or by an investigative or law-enforcement officer in the ordinary course of his duties;

    (b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal;

    "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system. See Virginia Code 19.2-61

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Council: means the governing body of a city or town. See Virginia Code 15.2-102
  • Counter check: means an interest-free negotiable instrument for a specified amount executed by a player and held by the casino that serves as evidence of the casino gaming patron's obligation to pay the casino and that can be exchanged by the casino gaming patron for the specified amount in chips, tokens, credits, electronic credits, electronic cash, or electronic cards. See Virginia Code 58.1-4100
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
  • Court: means any court vested with appropriate jurisdiction under the Constitution and laws of the Commonwealth. See Virginia Code 19.2-5
  • Court records: means any record maintained by the clerk in a civil, traffic, or criminal proceeding in the court, and any appeal from a district court. See Virginia Code 17.1-292
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
  • Covered person: means any person set forth in the definition of "deceased person" in § Virginia Code 58.1-3219.13
  • Credit card: means any instrument or device, whether known as a credit card, credit plate, payment device number, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit. See Virginia Code 18.2-191
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Criminal street gang: means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction. See Virginia Code 18.2-46.1
  • Current assessed value: means the annual assessed value of real estate in a development project area as recorded on the land book records of the local assessing officer. See Virginia Code 58.1-3245
  • Current assessed value: means the annual assessed value of real estate or machinery and tools in a local enterprise zone as shown upon the records of the local assessing officer. See Virginia Code 58.1-3245.6
  • Custodian: means the public official in charge of an office having public records. See Virginia Code 42.1-77
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Delinquent act: means (i) an act designated a crime under the law of the Commonwealth, or an ordinance of any city, county, town, or service district, or under federal law, (ii) a violation of § Virginia Code 16.1-228
  • Delinquent child: means a child who has committed a delinquent act or an adult who has committed a delinquent act prior to his eighteenth birthday, except where the jurisdiction of the juvenile court has been terminated under the provisions of § Virginia Code 16.1-228
  • Department: means the Department of Labor and Industry. See Virginia Code 40.1-2
  • Department: means the Department of Labor and Industry. See Virginia Code 40.1-51.23
  • Department: means the State Department of Social Services. See Virginia Code 63.2-100
  • Department: means the Department of Taxation. See Virginia Code 58.1-1
  • Department: means the Department of Motor Vehicles, acting through its officers and agents. See Virginia Code 58.1-2700
  • Department: means the Department of Motor Vehicles. See Virginia Code 58.1-3523
  • Department: means the Department of Juvenile Justice and "Director" means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law. See Virginia Code 16.1-228
  • Department: means the Department of Taxation. See Virginia Code 58.1-2500
  • Department: means the Department of Taxation which is hereby designated pursuant to Article X, § 2 of the Constitution of Virginia as the central state agency to assess the real and personal property of railroads and pipeline transmission companies as defined herein. See Virginia Code 58.1-2600
  • Department: means the independent agency responsible for the administration of the Virginia Lottery pursuant to this article and sports betting pursuant to Article 2 (§ Virginia Code 58.1-4002
  • Department: means the independent agency responsible for the administration of the Virginia Lottery created in the Virginia Lottery Law (§ Virginia Code 58.1-4100
  • Department of Health and Human Services: means the Department of Health and Human Services of the United States government or any department or agency thereof that may hereafter be designated as the agency to administer the Social Security Act, as amended. See Virginia Code 63.2-100
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designee of the local community services board: means an examiner designated by the local community services board who (i) is skilled in the assessment and treatment of mental illness, (ii) has completed a certification program approved by the Department of Behavioral Health and Developmental Services, (iii) is able to provide an independent examination of the minor, (iv) is not related by blood, marriage, or adoption to, or is not the legal guardian of, the minor being evaluated, (v) has no financial interest in the admission or treatment of the minor being evaluated, (vi) has no investment interest in the facility detaining or admitting the minor under this article, and (vii) except for employees of state hospitals and of the U. See Virginia Code 16.1-336
  • detention home: means a local, regional or state public or private locked residential facility that has construction fixtures designed to prevent escape and to restrict the movement and activities of children held in lawful custody. See Virginia Code 16.1-228
  • Development: means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units. See Virginia Code 15.2-2201
  • Development project area: means any area designated for development or redevelopment, including any area designated for a dredging project other than a dredging project for or by the Virginia Port Authority, unless the Virginia Port Authority has an agreement with a local governing body for local financial participation in such a project, in an ordinance passed by the local governing body. See Virginia Code 58.1-3245
  • Devise: To gift property by will.
  • Direct gross premium income: means the gross amount of all premiums, assessments, dues and fees collected, received or derived, or obligations taken therefor, from business in this Commonwealth during each year ending December 31, excluding premiums received for reinsurance assumed from licensed insurance companies, without any deduction for dividends paid or deduction on any other account except for premiums returned on cancelled policies, or on account of reduction in rates or reduction in the amount insured, and excluding premiums received or derived to provide insurance of the kinds classified in §§ Virginia Code 58.1-2500
  • Director: means the Director of the Virginia Lottery. See Virginia Code 58.1-4002
  • Director: means the Director of the Virginia Lottery. See Virginia Code 58.1-4100
  • Disaster plan: means the information maintained by an agency that outlines recovery techniques and methods to be followed in case of an emergency that impacts the agency's records. See Virginia Code 42.1-77
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Economic interest: means the interest possessed by a person who has acquired by capital investment any interest in the coal in place and secures, by any form of legal relationship, income from the extraction of the coal, to which he must look for a return of his capital. See Virginia Code 58.1-3740
  • Effective tax rate: means the tax rate imposed by a locality on tangible personal property multiplied by any assessment ratio in effect. See Virginia Code 58.1-3523
  • Electric supplier: means any person owning or operating facilities for the generation, storage, transmission or distribution of electricity for sales, except any person owning or operating facilities with a designed generation or storage capacity of 25 megawatts or less. See Virginia Code 58.1-2600
  • Electronic communication device: means (i) any type of instrument, device, machine, equipment or software that is capable of transmitting, acquiring, encrypting, decrypting or receiving any signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems or (ii) any part, accessory or component of such an instrument, device, machine, equipment or software, including, but not limited to, any computer circuit, computer chip, security module, smart card, electronic mechanism, or other component, accessory or part, that is capable of facilitating the transmission, acquisition, encryption, decryption or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems. See Virginia Code 18.2-190.1
  • Electronic communication service: means any service which provides to users thereof the ability to send or receive wire or electronic communications;

    "Electronic communication system" means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications;

    "Electronic storage" means any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof and any storage of such communication by an electronic communication service for purposes of backup protection of such communication;

    "Intercept" means any aural or other means of acquisition of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device;

    "Investigative or law-enforcement officer" means any officer of the United States or of a state or political subdivision thereof, who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses;

    "Judge of competent jurisdiction" means a judge of any circuit court of the Commonwealth with general criminal jurisdiction;

    "Monitor" or "monitoring" means the actual auditory or visual acquisition of an intercepted communication by any means;

    "Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectations but does not include any electronic communication;

    "Pen register" means a device or process that records or decodes dialing, routing, addressing or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted; however, such information shall not include the contents of any communication. See Virginia Code 19.2-61

  • Electronic communication service: means any service provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature through the use of an electronic communication device as that term is defined in this section. See Virginia Code 18.2-190.1
  • Electronic communication service provider: means any person or entity providing any electronic communication service including (i) any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, fiber optic, data transmission or radio distribution network, system or facility; (ii) any person or entity that for a fee supplies equipment or services to an electronic communication service provider; and (iii) any person or entity providing an electronic communication service directly or indirectly using any of the systems, networks, or facilities described in clause (i). See Virginia Code 18.2-190.1
  • Electronic filing of court records: means the networks or systems maintained by a clerk of the circuit court, or the clerk's designated application service providers, for the submittal of instruments for electronic filing of court records in accordance with this title, the Rules of the Supreme Court of Virginia, and the secure remote access standards developed by the Virginia Information Technologies Agency. See Virginia Code 17.1-295
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic record: means a public record whose creation, storage, and access require the use of an automated system or device. See Virginia Code 42.1-77
  • Eligible host city: means any city described in § Virginia Code 58.1-4100
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employ: shall include to permit or suffer to work. See Virginia Code 40.1-2
  • Employee: means any person who, in consideration of wages, salaries or commissions, may be permitted, required or directed by any employer to engage in any employment directly or indirectly. See Virginia Code 40.1-2
  • Employee: means an employee of the local community services board who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Behavioral Health and Developmental Services. See Virginia Code 16.1-336
  • Employer: means an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within this Commonwealth who employs another to work for wages, salaries, or on commission and shall include any similar entity acting directly or indirectly in the interest of an employer in relation to an employee. See Virginia Code 40.1-2
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Energy assistance: means benefits to assist low-income households with their home heating and cooling needs, including, but not limited to, purchase of materials or substances used for home heating, repair or replacement of heating equipment, emergency intervention in no-heat situations, purchase or repair of cooling equipment, and payment of electric bills to operate cooling equipment, in accordance with § Virginia Code 63.2-100
  • Energy storage system: means the same as that term is defined in § Virginia Code 58.1-2600
  • Enterprise zone: means an area designated by the Governor as an enterprise zone pursuant to Chapter 49 of Title 59. See Virginia Code 58.1-3245.6
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: means a person that is not a natural person. See Virginia Code 58.1-4100
  • Equipment or materials used to manufacture an unlawful electronic communication device: means (i) a scanner capable of intercepting the electronic serial number or mobile identification number of a cellular or other wireless telephone; (ii) electronic software or hardware capable of altering or changing the factory-installed electronic serial number of a cellular or other wireless telephone or a computer containing such software; (iii) a list of cellular or other wireless telephone electronic serial numbers with their associated mobile identification numbers; or (iv) a part, accessory or component of an unlawful electronic communications device possessed or used in the manufacture of such device including any electronic serial number, computer software, mobile identification number, service access card, account number, or personal identification number used to acquire, receive, use, decrypt or transmit an electronic communication service without the actual consent or knowledge of the electronic communication service provider. See Virginia Code 18.2-190.1
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Estimated tax: means the amount which the insurance company estimates as the amount of the tax imposed by this chapter for the license year, measured by direct gross premium income received or derived in the taxable year. See Virginia Code 58.1-2500
  • Ex officio: Literally, by virtue of one's office.
  • Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Family abuse: means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member. See Virginia Code 16.1-228
  • Family and permanency team: means the group of individuals assembled by the local department to assist with determining planning and placement options for a child, which shall include, as appropriate, all biological relatives and fictive kin of the child, as well as any professionals who have served as a resource to the child or his family, such as teachers, medical or mental health providers, and clergy members. See Virginia Code 63.2-100
  • Family or household member: means (i) the person's spouse, whether or not such spouse resides in the same home with the person; (ii) the person's former spouse, whether or not such person resides in the same home with the person; (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, and grandchildren, regardless of whether such persons reside in the same home with the person; (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who reside in the same home with the person; (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time; (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person; or (vii) an individual who is a legal custodian of a juvenile. See Virginia Code 16.1-228
  • farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fictive kin: means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family. See Virginia Code 63.2-100
  • Fictive kin: means persons who are not related to a child by blood or adoption but have an established relationship with the child or his family. See Virginia Code 16.1-228
  • Fiduciary: A trustee, executor, or administrator.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Foster care placement: means placement of a child through (i) an agreement between the parents or guardians and the local board where legal custody remains with the parents or guardians or (ii) an entrustment or commitment of the child to the local board or licensed child-placing agency. See Virginia Code 63.2-100
  • Foster home: means a residence approved by a child-placing agency or local board in which any child, other than a child by birth or adoption of such person or a child who is the subject of a power of attorney to delegate parental or legal custodial powers by his parents or legal custodian to the natural person who has been designated the child's legal guardian pursuant to Chapter 10 of Title 20 and who exercises legal authority over the child on a continuous basis for at least 24 hours without compensation, resides as a member of the household. See Virginia Code 63.2-100
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Freight car company: includes every car trust, mercantile or other company or person not domiciled in this Commonwealth owning stock cars, furniture cars, fruit cars, tank cars or other similar cars. See Virginia Code 58.1-2600
  • game: includes on-premises mobile casino gaming. See Virginia Code 58.1-4002
  • game: includes on-premises mobile casino gaming. See Virginia Code 58.1-4100
  • Gaming operation: means the conduct of authorized casino gaming within a casino gaming establishment. See Virginia Code 58.1-4100
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • general contractor: includes contractors, laborers, mechanics, and persons furnishing materials, who contract directly with the owner, and the term "subcontractor" includes all such contractors, laborers, mechanics, and persons furnishing materials, who do not contract with the owner but with the general contractor. See Virginia Code 43-1
  • General relief: means money payments and other forms of relief made to those persons mentioned in § Virginia Code 63.2-100
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
  • Governing body: means the board of supervisors, council or other legislative body of any county, city or town. See Virginia Code 58.1-3245
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Green roof: means a solar roof or a vegetative roof. See Virginia Code 58.1-3852
  • Gross receipts: means the purchase price received by a coal producer for the sale of coal to an unaffiliated purchaser in an arm's-length transaction. See Virginia Code 58.1-3740
  • Gross receipts: means the total of all revenue derived in the Commonwealth, including but not limited to income from the provision or performance of a service or the performance of incidental operations not necessarily associated with the particular service performed, without deductions for expenses or other adjustments. See Virginia Code 58.1-2600
  • Gross receipts: means the total amount of money exchanged for the purchase of chips, tokens, electronic credits, electronic cash, or electronic cards by casino gaming patrons. See Virginia Code 58.1-4100
  • Gross revenue: means the total of all cash, property, or any other form of remuneration, whether collected or not, received by a permittee from its sports betting operations. See Virginia Code 58.1-4030
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Historic area: means an area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation. See Virginia Code 15.2-2201
  • IFTA: means the International Fuel Tax Agreement, as entered into by the Department, and as amended by the International Fuel Tax Association, Inc. See Virginia Code 58.1-2700
  • Immediate family: means (i) a spouse and (ii) any other person residing in the same household as an officer or employee and who is a dependent of the officer or employee or of whom the officer or employee is a dependent. See Virginia Code 58.1-4100
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Incapable of making an informed decision: means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. See Virginia Code 16.1-336
  • Incentive zoning: means the use of bonuses in the form of increased project density or other benefits to a developer in return for the developer providing certain features, design elements, uses, services, or amenities desired by the locality, including but not limited to, site design incorporating principles of new urbanism and traditional neighborhood development, environmentally sustainable and energy-efficient building design, affordable housing creation and preservation, and historical preservation, as part of the development. See Virginia Code 15.2-2201
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent living: means a planned program of services designed to assist a child age 16 and over and persons who are former foster care children or were formerly committed to the Department of Juvenile Justice and are between the ages of 18 and 21 in transitioning to self-sufficiency. See Virginia Code 63.2-100
  • Independent living arrangement: means placement of (i) a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency by the local board or licensed child-placing agency or (ii) a child at least 16 years of age or a person between the ages of 18 and 21 who was committed to the Department of Juvenile Justice immediately prior to placement by the Department of Juvenile Justice, in a living arrangement in which such child or person does not have daily substitute parental supervision. See Virginia Code 63.2-100
  • Independent living services: includes counseling, education, housing, employment, and money management skills development and access to essential documents and other appropriate services to help children or persons prepare for self-sufficiency. See Virginia Code 16.1-228
  • Independent physician: means a physician who is chosen by the resident of the assisted living facility and who has no financial interest in the assisted living facility, directly or indirectly, as an owner, officer, or employee or as an independent contractor with the residence. See Virginia Code 63.2-100
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: means a natural person. See Virginia Code 58.1-4100
  • Industrial Hygiene: means the science and art devoted to the anticipation, recognition, evaluation, and control of environmental factors and stresses arising in or from the workplace that may cause sickness, impaired health and well-being, or significant discomfort among workers, and that may also affect the workplace's community. See Virginia Code 40.1-139
  • inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inpatient treatment: means placement for observation, diagnosis, or treatment of mental illness in a psychiatric hospital or in any other type of mental health facility determined by the Department of Behavioral Health and Developmental Services to be substantially similar to a psychiatric hospital with respect to restrictions on freedom and therapeutic intrusiveness. See Virginia Code 16.1-336
  • Insurance company: means any company engaged in the business of making contracts of insurance. See Virginia Code 58.1-2500
  • Intake officer: means a juvenile probation officer appointed as such pursuant to the authority of this chapter. See Virginia Code 16.1-228
  • Inter vivos: Transfer of property from one living person to another living person.
  • Internet: means the international computer network of interoperable packet-switched data networks. See Virginia Code 17.1-292
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Intimate parts: means the genitalia, anus, groin, breast, or buttocks of any person, or the chest of a child under the age of 15. See Virginia Code 18.2-67.10
  • Investment interest: means the ownership or holding of an equity or debt security, including shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments. See Virginia Code 16.1-336
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Issuer: means the business organization or financial institution or its duly authorized agent which issues a credit card. See Virginia Code 18.2-191
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judge: means any judge, associate judge or substitute judge of any court or any magistrate. See Virginia Code 19.2-5
  • judge: means the judge or the substitute judge of the juvenile and domestic relations district court of each county or city. See Virginia Code 16.1-228
  • judge: includes a retired judge sitting by designation pursuant to § Virginia Code 16.1-336
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • juvenile and domestic relations court: means the juvenile and domestic relations district court of each county or city. See Virginia Code 16.1-228
  • Kinship guardianship: means a relationship established in accordance with § Virginia Code 63.2-100
  • Land records: means any writing authorized by law to be recorded on paper or in electronic format that the clerk records affecting title to real property, including but not limited to instruments, orders, or any other writings recorded under this title, Article 5 (§ Virginia Code 17.1-292
  • law: means the Juvenile and Domestic Relations District Court Law embraced in this chapter. See Virginia Code 16.1-228
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Leased: means leased by a natural person as lessee and used for nonbusiness purposes. See Virginia Code 58.1-3523
  • Least restrictive alternative: means the treatment and conditions of treatment which, separately and in combination, are no more intrusive or restrictive of freedom than reasonably necessary to achieve a substantial therapeutic benefit or to protect the minor or others from physical injury. See Virginia Code 16.1-336
  • Legal custody: means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in § Virginia Code 16.1-228
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Librarian of Virginia: means the State Librarian of Virginia or his designated representative. See Virginia Code 42.1-77
  • License year: means the 12-month period beginning on July 1 next succeeding the taxable year and ending on June 30 of the subsequent year. See Virginia Code 58.1-2500
  • Licensee: means a carrier who holds an uncancelled IFTA license issued by the Commonwealth. See Virginia Code 58.1-2700
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Lifecycle: means the creation, use, maintenance, and disposition of a public record. See Virginia Code 42.1-77
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local board: means the local board of social services representing one or more counties or cities. See Virginia Code 63.2-100
  • Local department: means the local department of social services of any county or city in the Commonwealth. See Virginia Code 63.2-100
  • Local director: means the director or his designated representative of the local department of the city or county. See Virginia Code 63.2-100
  • Local enterprise zone: means an enterprise zone designated as a local enterprise zone by an ordinance adopted pursuant to § Virginia Code 58.1-3245.6
  • local government: shall be construed to mean a county, city, or town as the context may require. See Virginia Code 15.2-102
  • Local planning commission: means a municipal planning commission or a county planning commission. See Virginia Code 15.2-2201
  • Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
  • Major league sports franchise: means a professional baseball, basketball, football, hockey, or soccer team that is at the highest-level league of play for its respective sport. See Virginia Code 58.1-4030
  • Manufacture of an unlawful electronic communication device: means to make, produce or assemble an unlawful electronic communication device, or to modify, alter, program or reprogram an electronic communication device to be capable of performing any of the illegal functions of an unlawful electronic communication device as that term is defined in this section. See Virginia Code 18.2-190.1
  • Mental health facility: means a public or private facility for the treatment of mental illness operated or licensed by the Department of Behavioral Health and Developmental Services. See Virginia Code 16.1-336
  • Mental illness: means a substantial disorder of the minor's cognitive, volitional, or emotional processes that demonstrably and significantly impairs judgment or capacity to recognize reality or to control behavior. See Virginia Code 16.1-336
  • Mental incapacity: means that condition of the complaining witness existing at the time of an offense under this article which prevents the complaining witness from understanding the nature or consequences of the sexual act involved in such offense and about which the accused knew or should have known. See Virginia Code 18.2-67.10
  • Merit system plan: means those regulations adopted by the Board in the development and operation of a system of personnel administration meeting requirements of the federal Office of Personnel Management. See Virginia Code 63.2-100
  • Military installation: means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under jurisdiction of the U. See Virginia Code 15.2-2201
  • minor: means a person who is (i) younger than 18 years of age or (ii) for purposes of the Fostering Futures program set forth in Article 2 (§ Virginia Code 16.1-228
  • Minor: means a person less than 18 years of age. See Virginia Code 16.1-336
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mixed use development: means property that incorporates two or more different uses, and may include a variety of housing types, within a single development. See Virginia Code 15.2-2201
  • Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor carrier: means every person, firm or corporation who owns or operates or causes to be operated on any highway in this Commonwealth any qualified highway vehicle. See Virginia Code 58.1-2700
  • Motor sports facility: means an outdoor motor sports facility that hosts a National Association for Stock Car Auto Racing (NASCAR) national touring race. See Virginia Code 58.1-4030
  • NESHAP: means those portions of the regulations contained in Virginia Code 40.1-51.23
  • New residential development: means any construction or building expansion on residentially zoned property, including a residential component of a mixed-use development, that results in either one or more additional residential dwelling units or, otherwise, fewer residential dwelling units, beyond what may be permitted by right under the then-existing zoning of the property, when such new residential development requires a rezoning or proffer condition amendment. See Virginia Code 15.2-2303.4
  • New residential use: means any use of residentially zoned property that requires a rezoning or that requires a proffer condition amendment to allow for new residential development. See Virginia Code 15.2-2303.4
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Non-local coal transportation and processing costs: includes the costs of transporting the coal from the county or city in which it was severed to the second county or city and the costs of cleaning, preparation, and processing that are incurred within that second county or city. See Virginia Code 58.1-3740
  • Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
  • Notary: means notary public. See Virginia Code 1-226
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See Virginia Code 1-228
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligations: means bonds, general obligation bonds and revenue bonds as defined in § Virginia Code 58.1-3245
  • Official league data: means statistics, results, outcomes, and other data relating to a professional sports event obtained by a permit holder under an agreement with a sports governing body or with an entity expressly authorized by a sports governing body for determining the outcome of tier 2 bets. See Virginia Code 58.1-4030
  • Official map: means a map of legally established and proposed public streets, waterways, and public areas adopted by a locality in accordance with the provisions of Article 4 (§ Virginia Code 15.2-2201
  • Offsite proffer: means a proffer addressing an impact outside the boundaries of the property to be developed and shall include all cash proffers. See Virginia Code 15.2-2303.4
  • On-premises mobile casino gaming: means casino gaming offered by a casino gaming operator at a casino gaming establishment using a computer network of both federal and nonfederal interoperable packet-switched data networks through which the casino gaming operator may offer casino gaming to individuals who have established an on-premises mobile casino gaming account with the casino gaming operator and who are physically present on the premises of the casino gaming establishment, as authorized by regulations promulgated by the Board. See Virginia Code 58.1-4002
  • On-premises mobile casino gaming: means casino gaming offered by a casino gaming operator at a casino gaming establishment using a computer network of both federal and nonfederal interoperable packet-switched data networks through which the casino gaming operator may offer casino gaming to individuals who have established an on-premises mobile casino gaming account with the casino gaming operator and who are physically present on the premises of the casino gaming establishment, as authorized by regulations promulgated by the Board. See Virginia Code 58.1-4100
  • Operational expenses: means expenses of the clerk of court used to maintain the clerk's office and includes, but is not limited to, (i) computer support, maintenance, enhancements, upgrades, and replacements and office automation and information technology equipment, including software and conversion services; (ii) preserving, maintaining, and enhancing court records, including, but not limited to, the costs of repairs, maintenance, consulting services, service contracts, redaction of social security numbers from certain records, and system replacements or upgrades; and (iii) improving public access to records maintained by the clerk, including locating technology in an offsite facility for such purposes or for implementation of a disaster recovery plan. See Virginia Code 17.1-295
  • Operations: means the physical activities of all such vehicles, whether loaded or empty, whether for compensation or not for compensation, and whether owned by or leased to the motor carrier who operates them or causes them to be operated. See Virginia Code 58.1-2700
  • Original record: means the first generation of the information and is the preferred version of a record. See Virginia Code 42.1-77
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any person who owns, leases, operates, controls, or supervises the facility being demolished, renovated, sprayed, or insulated; any person who owns, leases, operates, controls, or supervises the demolition, renovation, spraying, or insulation operation; or both. See Virginia Code 40.1-51.23
  • Parent: includes parent, guardian, legal custodian, or other person standing in loco parentis. See Virginia Code 16.1-278.1
  • Parent: means (i) a biological or adoptive parent who has legal custody of the minor, including either parent if custody is shared under a joint decree or agreement, (ii) a biological or adoptive parent with whom the minor regularly resides, (iii) a person judicially appointed as a legal guardian of the minor, or (iv) a person who exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption or otherwise by operation of law. See Virginia Code 16.1-336
  • Payment device number: means any code, account number or other means of account access, other than a check, draft or similar paper instrument, that can be used to obtain money, goods, services or anything else of value, or to initiate a transfer of funds. See Virginia Code 18.2-191
  • Permit holder: means any person holding a supplier or service permit pursuant to this chapter. See Virginia Code 58.1-4100
  • Permit holder: means a person to which the Director issues a permit pursuant to §§ Virginia Code 58.1-4030
  • Person: means any employee or agent of the Commonwealth or a political subdivision thereof, and any individual, partnership, association, joint stock company, trust or corporation;

    "Readily accessible to the general public" means, with respect to a radio communication, that such communication is not (i) scrambled or encrypted; (ii) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication; (iii) carried on a subcarrier or other signal subsidiary to a radio transmission; (iv) transmitted over a communication system provided by a communications common carrier, unless the communication is a tone-only paging system communication; or (v) transmitted on frequencies allocated under Part 25, subpart D, E, or F of Part 74, or Part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio;

    "Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system;

    "Trap and trace device" means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing and signaling information reasonably likely to identify the source of a wire or electronic communication; however, such information shall not include the contents of any communication;

    "User" means any person or entity who uses an electronic communication service and is duly authorized by the provider of such service to engage in such use;

    "Wire communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of communications. See Virginia Code 19.2-61

  • Person: means an individual, partnership, joint venture, association, limited liability company, stock corporation, or nonstock corporation and includes any person that directly or indirectly controls or is under common control with another person. See Virginia Code 58.1-4100
  • Personal biometric data: means any information about an athlete that is derived from his DNA, heart rate, blood pressure, perspiration rate, internal or external body temperature, hormone levels, glucose levels, hydration levels, vitamin levels, bone density, muscle density, or sleep patterns, or other information as may be prescribed by the Board by regulation. See Virginia Code 58.1-4030
  • Personal estate: includes chattels real and such other estate as, upon the death of the owner intestate, would devolve upon his personal representative. See Virginia Code 1-233
  • Personal property: All property that is not real property.
  • Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
  • Physical helplessness: means unconsciousness or any other condition existing at the time of an offense under this article which otherwise rendered the complaining witness physically unable to communicate an unwillingness to act and about which the accused knew or should have known. See Virginia Code 18.2-67.10
  • Pipeline distribution company: means a corporation, other than a pipeline transmission company, which transmits, by means of a pipeline, natural gas, manufactured gas or crude petroleum and the products or by-products thereof to a purchaser for purposes of furnishing heat or light. See Virginia Code 58.1-2600
  • Pipeline transmission company: means a corporation authorized to transmit natural gas, manufactured gas or crude petroleum and the products or by-products thereof in the public service by means of a pipeline or pipelines from one point to another when such gas or petroleum is not for sale to an ultimate consumer for purposes of furnishing heat or light. See Virginia Code 58.1-2600
  • Planned unit development: means a form of development characterized by unified site design for a variety of housing types and densities, clustering of buildings, common open space, and a mix of building types and land uses in which project planning and density calculation are performed for the entire development rather than on an individual lot basis. See Virginia Code 15.2-2201
  • Planning district commission: means a regional planning agency chartered under the provisions of Chapter 42 (§ Virginia Code 15.2-2201
  • plat of subdivision: means the schematic representation of land divided or to be divided and information in accordance with the provisions of §§ Virginia Code 15.2-2201
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Predicate criminal act: means (i) an act of violence; (ii) any violation of § Virginia Code 18.2-46.1
  • Preferred casino gaming operator: means the proposed casino gaming establishment and operator thereof submitted by an eligible host city to the Board as an applicant for licensure. See Virginia Code 58.1-4100
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Preliminary subdivision plat: means the proposed schematic representation of development or subdivision that establishes how the provisions of §§ Virginia Code 15.2-2201
  • Prepaid access instrument: means a system device that allows a casino gaming patron access to funds that have been paid in advance and can be retrieved or transferred at some point in the future through such a device. See Virginia Code 58.1-4100
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Preservation: means the processes and operations involved in ensuring the technical and intellectual survival of authentic records through time. See Virginia Code 42.1-77
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Pretrial services officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Principal: means any individual who solely or together with his immediate family members (i) owns or controls, directly or indirectly, five percent or more of the pecuniary interest in any entity that is a licensee or (ii) has the power to vote or cause the vote of five percent or more of the voting securities or other ownership interests of such entity, and any person who manages a gaming operation on behalf of a licensee. See Virginia Code 58.1-4100
  • Principal: includes any individual who is employed in a managerial capacity for a sports betting platform or sports betting facility on behalf of a permit holder. See Virginia Code 58.1-4030
  • prior sexual conduct: means any sexual conduct on the part of the complaining witness which took place before the conclusion of the trial, excluding the conduct involved in the offense alleged under this article. See Virginia Code 18.2-67.10
  • Privately owned: means owned by a natural person and used for nonbusiness purposes. See Virginia Code 58.1-3523
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
  • Professional sports: means an athletic event involving at least two human competitors who receive compensation, in excess of their expenses, for participating in such event. See Virginia Code 58.1-4030
  • Proffer condition amendment: means an amendment to an existing proffer statement applicable to a property or properties. See Virginia Code 15.2-2303.4
  • Program: means the Commonwealth Health Reinsurance Program established pursuant to this chapter. See Virginia Code 38.2-6600
  • Prohibited conduct: includes statements, actions, and communications made to a covered person by a third party. See Virginia Code 58.1-4030
  • Proposition bet: means a bet on an individual action, statistic, occurrence, or non-occurrence to be determined during an athletic event and includes any such action, statistic, occurrence, or non-occurrence that does not directly affect the final outcome of the athletic event to which it relates. See Virginia Code 58.1-4030
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public access: means that the clerk of the circuit court has made available to subscribers that are other than governmental agencies, secure remote access to records maintained by the clerk in accordance with § Virginia Code 17.1-295
  • Public assistance: means Temporary Assistance for Needy Families (TANF); auxiliary grants to the aged, blind, and disabled; medical assistance; energy assistance; food stamps; employment services; child care; and general relief. See Virginia Code 63.2-100
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public facilities: means public transportation facilities, public safety facilities, public school facilities, or public parks. See Virginia Code 15.2-2303.4
  • Public facilities: means (i) airports, landing fields, and air navigation facilities; (ii) educational facilities; (iii) flood control, bank and shore protection, watershed protection, and dams; (iv) hospital facilities; (v) judicial and court facilities; (vi) correctional facilities, including jails and penitentiaries; (vii) library facilities; (viii) military installations; (ix) parks so designated by the Commonwealth or by the locality in its comprehensive plan; (x) properties of historical significance so designated by the Commonwealth; (xi) law enforcement, fire, emergency medical, and rescue facilities; (xii) sanitary sewer, water or stormwater facilities; (xiii) transportation facilities including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities; (xiv) waste management facilities for hazardous, radioactive, or other waste; (xv) office facilities occupied by a public corporation; and (xvi) such other facilities that are necessary to the construction, maintenance, or operation of a public facility as listed in clauses (i) through (xv) and directly related thereto. See Virginia Code 1-219.1
  • Public facility improvement: means an offsite public transportation facility improvement, a public safety facility improvement, a public school facility improvement, or an improvement to or construction of a public park. See Virginia Code 15.2-2303.4
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public official: means all persons holding any office created by the Constitution of Virginia or by any act of the General Assembly, the Governor and all other officers of the executive branch of the state government, and all other officers, heads, presidents, or chairmen of boards, commissions, departments, and agencies of the state government or its political subdivisions. See Virginia Code 42.1-77
  • public park: shall include playgrounds and other recreational facilities. See Virginia Code 15.2-2303.4
  • Public safety facility improvement: means construction of new law-enforcement, fire, emergency medical, and rescue facilities or expansion of existing public safety facilities, to include all buildings, structures, parking, and other costs directly related thereto. See Virginia Code 15.2-2303.4
  • Public school facility improvement: means construction of new primary and secondary public schools or expansion of existing primary and secondary public schools, to include all buildings, structures, parking, and other costs directly related thereto. See Virginia Code 15.2-2303.4
  • Public service project: means any governmental or quasi-governmental agency project or any project of a nonprofit corporation or association operated exclusively for charitable or community purposes. See Virginia Code 16.1-278.1
  • Public transportation facility improvement: means (i) construction of new roads; (ii) improvement or expansion of existing roads and related appurtenances as required by applicable standards of the Virginia Department of Transportation, or the applicable standards of a locality; and (iii) construction, improvement, or expansion of buildings, structures, parking, and other facilities directly related to transit. See Virginia Code 15.2-2303.4
  • Publication: means all documents, regardless of physical form or characteristics and issued by or for a state, local, or regional agency, in full or in part at government expense, that are created for the research or informational use of the public. See Virginia Code 42.1-93
  • Qualified evaluator: means a psychiatrist or a psychologist licensed in Virginia by either the Board of Medicine or the Board of Psychology, or if such psychiatrist or psychologist is unavailable, (i) any mental health professional licensed in Virginia through the Department of Health Professions as a clinical social worker, professional counselor, marriage and family therapist, or psychiatric advanced practice registered nurse or (ii) any mental health professional employed by a community services board. See Virginia Code 16.1-336
  • Qualified highway vehicle: means a highway vehicle used, designed, or maintained for transportation of persons or property that (i) has two axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds or 11,797 kilograms, (ii) has three or more axles regardless of weight, or (iii) is used in combination, when the weight of such combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle or registered gross vehicle weight. See Virginia Code 58.1-2700
  • Qualified individual: means a trained professional or licensed clinician who is not an employee of the local board of social services or licensed child-placing agency that placed the child in a qualified residential treatment program and is not affiliated with any placement setting in which children are placed by such local board of social services or licensed child-placing agency. See Virginia Code 63.2-100
  • Qualified individual: means a trained professional or licensed clinician who is not an employee of the local board of social services or licensed child-placing agency that placed the child in a qualified residential treatment program and is not affiliated with any placement setting in which children are placed by such local board of social services or licensed child-placing agency. See Virginia Code 16.1-228
  • Qualified residential treatment program: means a program that (i) provides 24-hour residential placement services for children in foster care; (ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, including any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this definition; (iii) employs registered or licensed nursing and other clinical staff who provide care, on site and within the scope of their practice, and are available 24 hours a day, 7 days a week; (iv) conducts outreach with the child's family members, including efforts to maintain connections between the child and his siblings and other family; documents and maintains records of such outreach efforts; and maintains contact information for any known biological family and fictive kin of the child; (v) whenever appropriate and in the best interest of the child, facilitates participation by family members in the child's treatment program before and after discharge and documents the manner in which such participation is facilitated; (vi) provides discharge planning and family-based aftercare support for at least six months after discharge; (vii) is licensed in accordance with Virginia Code 63.2-100
  • Qualified residential treatment program: means a program that (i) provides 24-hour residential placement services for children in foster care; (ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, including any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this definition; (iii) employs registered or licensed nursing and other clinical staff who provide care, on site and within the scope of their practice, and are available 24 hours a day, seven days a week; (iv) conducts outreach with the child's family members, including efforts to maintain connections between the child and his siblings and other family; documents and maintains records of such outreach efforts; and maintains contact information for any known biological family and fictive kin of the child; (v) whenever appropriate and in the best interest of the child, facilitates participation by family members in the child's treatment program before and after discharge and documents the manner in which such participation is facilitated; (vi) provides discharge planning and family-based aftercare support for at least six months after discharge; (vii) is licensed in accordance with Virginia Code 16.1-228
  • Qualifying vehicle: means any passenger car, motorcycle, autocycle, and pickup or panel truck, as those terms are defined in § Virginia Code 58.1-3523
  • real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • record: means recorded information that documents a transaction or activity by or with any public officer, agency, or employee of an agency. See Virginia Code 42.1-77
  • Records retention and disposition schedule: means a Library of Virginia-approved timetable stating the required retention period and disposition action of a records series. See Virginia Code 42.1-77
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Reenacted: when used in the title or enactment of a bill or act of the General Assembly, means that the changes enacted to a section of the Code of Virginia or an act of the General Assembly are in addition to the existing substantive provisions in that section or act, and are effective prospectively unless the bill expressly provides that such changes are effective retroactively on a specified date. See Virginia Code 1-238
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • reproduction: shall be deemed to include photographs, microphotographs, microfilm, microcard, printouts, optical imaging or other reproductions of electronically stored data, or any other reproduction of an original from a process which forms a durable medium for its recording, storing, and reproducing. See Virginia Code 58.1-106
  • Resident curator: means a person, firm, or corporation that leases or otherwise contracts to manage, preserve, maintain, operate, or reside in a historic property in accordance with the provisions of § Virginia Code 15.2-2201
  • Residentially zoned property: means property zoned or proposed to be zoned for either single-family or multifamily housing. See Virginia Code 15.2-2303.4
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail sale: means a sale to any person for any purpose other than for resale. See Virginia Code 58.1-3818.8
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Room charge: means the same as such term is defined in § Virginia Code 58.1-3818.8
  • Safety Profession: means the science and discipline concerned with the preservation of human and material resources through the systematic application of principles drawn from technological advancements in the fields of education, design, chemistry, the physical and biological sciences, ergonomics, psychology, physiology, and management for anticipating, identifying and evaluating potentially hazardous systems, conditions and practices, and for developing, implementing, administering, and advising others on hazard control design, methods, procedures, and programs. See Virginia Code 40.1-139
  • Sales draft: means a paper or electronic form evidencing a purchase of goods, services or anything else of value from a merchant through the use of a credit card. See Virginia Code 18.2-191
  • Secure remote access to court records: means public access by electronic means on a network or system to court records maintained by the clerk of the circuit court or the clerk's designated application service providers, in compliance with this title, the Rules of the Supreme Court of Virginia, and the secure remote access standards developed by the Virginia Information Technologies Agency. See Virginia Code 17.1-295
  • Sell: means to sell, exchange, lease, give or dispose of to another or to offer or agree to do the same. See Virginia Code 18.2-190.1
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sexual abuse: means an act committed with the intent to sexually molest, arouse, or gratify any person, where:

    a. See Virginia Code 18.2-67.10

  • Shelter care: means the temporary care of children in physically unrestricting facilities. See Virginia Code 16.1-228
  • Site plan: means the proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such other information as required by the subdivision ordinance to which the proposed development or subdivision is subject. See Virginia Code 15.2-2201
  • Small area comprehensive plan: means that portion of a comprehensive plan adopted pursuant to § Virginia Code 15.2-2303.4
  • Social services: means foster care, adoption, adoption assistance, child-protective services, domestic violence services, or any other services program implemented in accordance with regulations adopted by the Board. See Virginia Code 63.2-100
  • Solar roof: means a solar roofing system that generates reusable energy, which reusable energy accounts for at least 2. See Virginia Code 58.1-3852
  • Special exception: means a special use that is a use not permitted in a particular district except by a special use permit granted under the provisions of this chapter and any zoning ordinances adopted herewith. See Virginia Code 15.2-2201
  • Special order: means an order imposing an administrative sanction issued to any party licensed pursuant to this title by the Commissioner that has a stated duration of not more than 12 months. See Virginia Code 63.2-100
  • Sports betting: means placing wagers on sporting events as such activity is regulated by the Board. See Virginia Code 58.1-4002
  • Sports betting: means the same as such term is defined in § Virginia Code 58.1-4100
  • Sports betting: includes any system or method of wagering approved by the Director, including single-game bets, teaser bets, parlays, over-under, moneyline, pools, exchange wagering, in-game wagering, in-play bets, proposition bets, and straight bets. See Virginia Code 58.1-4030
  • Sports betting facility: means an area, kiosk, or device located inside a casino gaming establishment licensed pursuant to this chapter that is designated for sports betting. See Virginia Code 58.1-4100
  • Sports betting facility: means an area, kiosk, or device located inside a casino gaming establishment licensed pursuant to Chapter 41 (§ Virginia Code 58.1-4030
  • Sports betting permit: means a permit to operate a sports betting platform or sports betting facility issued pursuant to the provisions of §§ Virginia Code 58.1-4030
  • Sports betting platform: means a website, app, or other platform accessible via the Internet or mobile, wireless, or similar communications technology that sports bettors use to participate in sports betting. See Virginia Code 58.1-4030
  • Sports betting program: means the program established by the Board to allow sports betting as described in this article. See Virginia Code 58.1-4030
  • Sports governing body: includes a designee of the sports governing body. See Virginia Code 58.1-4030
  • Stadium: means the physical facility that is the primary location at which a major league sports franchise hosts athletic events and any appurtenant facilities. See Virginia Code 58.1-4030
  • State: means any commonwealth, state, territory, district or insular possession of the United States. See Virginia Code 38.2-100
  • state agency: means the same as that term is defined in § Virginia Code 1-206
  • State Board: means the State Board of Juvenile Justice. See Virginia Code 16.1-228
  • State Innovation Waiver: means a waiver of one or more requirements of the Affordable Care Act authorized by § 1332 of the Affordable Care Act, Virginia Code 38.2-6600
  • state lottery: means the lottery or lotteries established and operated pursuant to this chapter. See Virginia Code 58.1-4002
  • Status offender: means a child who commits an act prohibited by law which would not be criminal if committed by an adult. See Virginia Code 16.1-228
  • Status offense: means an act prohibited by law which would not be an offense if committed by an adult. See Virginia Code 16.1-228
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Storage: means the storage of energy by an energy storage system. See Virginia Code 58.1-2600
  • Street: means highway, street, avenue, boulevard, road, lane, alley, or any public way. See Virginia Code 15.2-2201
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscriber: means any person who has entered into a subscriber agreement with the clerk of the circuit court authorizing the subscriber to have secure remote access to land records or secure remote access to court records maintained by the clerk or the clerk's designated application service providers. See Virginia Code 17.1-295
  • Subscriber fee income: means the gross premium or deposit income collected, received or derived from and credited to the accounts of subscribers from business in the Commonwealth during the preceding year ending December 31, decreased by all returns for cancellation and all amounts returned to subscribers or credited to their accounts as savings. See Virginia Code 58.1-2500
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervised independent living setting: means the residence of a person 18 years of age or older who is participating in the Fostering Futures program set forth in Article 2 (§ Virginia Code 63.2-100
  • Supplier: means any person that sells or leases, or contracts to sell or lease, any casino gaming equipment, devices, or supplies, or provides any management services, to a licensee. See Virginia Code 58.1-4100
  • support: as used in this chapter shall include but is not limited to, purchase of land for library buildings, purchase or erection of buildings for library purposes, purchase of library books, materials and equipment, compensation of library personnel, and all maintenance expenses for library property and equipment. See Virginia Code 42.1-33
  • Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
  • sworn: means "affirm" or "affirmed. See Virginia Code 1-250
  • TANF: means the program administered by the Department through which a relative can receive monthly cash assistance for the support of his eligible children. See Virginia Code 63.2-100
  • TANF-UP: means the Temporary Assistance for Needy Families program for families in which both natural or adoptive parents of a child reside in the home and neither parent is exempt from Virginia Initiative for Education and Work (VIEW) participation under § Virginia Code 63.2-100
  • Tangible personal property tax: means the tax levied pursuant to Article 1 (§ Virginia Code 58.1-3523
  • Tax: means the amount derived by multiplying the direct gross premium income in the taxable year by the tax rate. See Virginia Code 58.1-2500
  • Tax Commissioner: means the chief executive officer of the Department of Taxation or his designee. See Virginia Code 58.1-2600
  • Tax increment: means the amount by which the current assessed value of real estate exceeds the base assessed value. See Virginia Code 58.1-3245
  • Tax year: means the 12-month period beginning in the calendar year for which tangible personal property taxes are imposed. See Virginia Code 58.1-3523
  • Tax year: means the twelve-month period beginning on January 1 and ending on December 31 of the same calendar year, such year also being the tax assessment year or the year in which the tax levied under this chapter shall be paid. See Virginia Code 58.1-2600
  • Taxable year: means the calendar year preceding the license year upon the basis of which direct gross premium income is computed. See Virginia Code 58.1-2500
  • Taxable year: means the calendar year preceding the tax year, upon which the gross receipts are computed as a basis for the payment of the tax levied pursuant to this chapter. See Virginia Code 58.1-2600
  • Telegraph company: means a corporation or person operating the apparatus necessary to communicate by telegraph. See Virginia Code 58.1-2600
  • Telephone company: means a person holding a certificate of convenience and necessity granted by the State Corporation Commission authorizing telephone service; or a person authorized by the Federal Communications Commission to provide commercial mobile service as defined in § 332(d)(1) of the Communications Act of 1934, as amended, where such service includes cellular mobile radio communications services or broadband personal communications services; or a person holding a certificate issued pursuant to § 214 of the Communications Act of 1934, as amended, authorizing domestic telephone service and belonging to an affiliated group including a person holding a certificate of convenience and necessity granted by the State Corporation Commission authorizing telephone service. See Virginia Code 58.1-2600
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Ticket courier service: means a service operated for the purpose of purchasing Virginia Lottery tickets on behalf of individuals located within or outside the Commonwealth and delivering or transmitting such tickets, or electronic images thereof, to such individuals as a business-for-profit delivery service. See Virginia Code 58.1-4002
  • Tier-city: means an incorporated community within a consolidated county that (i) has within defined boundaries a population of 5,000 or more, (ii) has been designated as a tier-city by the General Assembly, and (iii) has both the powers of a town and such additional powers as may be granted tier-cities by the General Assembly. See Virginia Code 1-252
  • Title IV-E Foster Care: means a federal program authorized under §§ 472 and 473 of the Social Security Act, as amended, and administered by the Department through which foster care is provided on behalf of qualifying children. See Virginia Code 63.2-100
  • Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July one, nineteen hundred seventy-one, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 15.2-102
  • Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treasurer: means the same as that set forth in § Virginia Code 58.1-3523
  • Treatment: means any planned intervention intended to improve a minor's functioning in those areas which show impairment as a result of mental illness. See Virginia Code 16.1-336
  • True bill: Another word for indictment.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Unlawful electronic communication device: means any electronic communication device that has been manufactured, designed, developed, altered, modified, programmed or reprogrammed, alone or in conjunction with another electronic communication device, so as to be capable of facilitating the disruption, acquisition, receipt, transmission, retransmission or decryption of an electronic communication service without the actual consent or knowledge of the electronic communication service provider. See Virginia Code 18.2-190.1
  • Used for nonbusiness purposes: means the preponderance of use is for other than business purposes. See Virginia Code 58.1-3523
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • utility: means a public utility that is owned or operated by a locality of the Commonwealth. See Virginia Code 15.2-2121.1
  • Value: means the fair market value determined by the method prescribed in § Virginia Code 58.1-3523
  • Variance: means , in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. See Virginia Code 15.2-2201
  • Vegetative roof: means a roofing system designed in accordance with the Virginia Stormwater Management Program's standards and specifications for green roofs, as set forth in the Virginia Stormwater BMP Clearinghouse, in which at least 50 percent of the total roofing area is vegetative. See Virginia Code 58.1-3852
  • Venue: The geographical location in which a case is tried.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Violent juvenile felony: means any of the delinquent acts enumerated in subsection B or C of § Virginia Code 16.1-228
  • Virginia college sports: means an athletic event in which at least one participant is a team from a Virginia public or private institution of higher education. See Virginia Code 58.1-4030
  • Voluntary exclusion program: means a program established by the Board pursuant to § Virginia Code 58.1-4002
  • Voluntary exclusion program: means a program established by the Board pursuant to § Virginia Code 58.1-4100
  • Weapon of terrorism: means any device or material that is designed, intended or used to cause death, bodily injury or serious bodily harm, through the release, dissemination, or impact of (i) poisonous chemicals; (ii) an infectious biological substance; or (iii) release of radiation or radioactivity. See Virginia Code 18.2-46.4
  • Working waterfront: means an area or structure on, over, or adjacent to navigable waters that provides access to the water and is used for water-dependent commercial, industrial, or governmental activities, including commercial and recreational fishing; tourism; aquaculture; boat and ship building, repair, and services; seafood processing and sales; transportation; shipping; marine construction; and military activities. See Virginia Code 15.2-2201
  • Working waterfront development area: means an area containing one or more working waterfronts having economic, cultural, or historic public value of such significance as to warrant development and reparation. See Virginia Code 15.2-2201
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • Youth sports: means the same as such term is defined in § Virginia Code 58.1-4100
  • Youth sports: means an athletic event (i) involving a majority of participants under age 18 or (ii) in which at least one participant is a team from a public or private elementary, middle, or secondary school, regardless of where such school is located. See Virginia Code 58.1-4030