A Call for Legislative Action to the Virginia General Assembly

Aligning Virginia’s Classification with Federal SORNA Guidelines Under the Adam Walsh Act:
A Request for Legislative Review of §18.2-370.1 as a Tier II Offense

Dear Delegate or Senator: 

I am writing to respectfully request your consideration in reviewing the classification of Virginia Code §18.2-370.1, currently designated as a Tier III offense requiring lifetime registration on the sex offender registry without the possibility of petitioning for removal. While I fully recognize the importance of protecting our communities, particularly our youth, I believe the current classification of this offense may not always align with the principles of proportionality, fairness, and rehabilitation that are foundational to our justice system.

The offense under §18.2-370.1, Taking Indecent Liberties with a Child by a Person in a Supervisory Role, encompasses a range of circumstances. In my case, the charge arose from a consensual relationship between a 22-year-old first-year high school teacher and a 16-year-old student. While I acknowledge the inappropriateness of this conduct under the law, it involved no violence, coercion, or predatory intent. Nevertheless, the Tier III classification places me alongside individuals convicted of far more severe offenses, with no opportunity for review or redemption, regardless of rehabilitation or contributions to society.

I respectfully urge your leadership to explore a more nuanced approach to this statute. Aligning Virginia’s classification with federal SORNA guidelines under the Adam Walsh Act would be a meaningful step. These guidelines designate §18.2-370.1 as a Tier II offense based on the nature of the conduct, the victim’s age, and the supervisory relationship. A Tier II classification, which allows for a 25-year registration period with the possibility of petitioning for removal after demonstrating compliance and rehabilitation, better reflects the principles of justice and public safety. This adjustment would ensure consistency with federal standards while maintaining robust protections for our communities.

Public safety is paramount, and I fully support measures to safeguard our children. However, justice also demands proportionality and the opportunity for redemption. The current lifetime registration requirement, without any pathway for review, can hinder rehabilitation and limit individuals’ ability to contribute meaningfully to society. For those who have taken responsibility, complied with all legal requirements, and demonstrated genuine change, a mechanism for reclassification or removal could uphold both accountability and hope.

This is not a request to excuse past actions—I take full responsibility for mine—but a plea for a system that distinguishes between degrees of offenses and offers a path forward for those who have earned it. A balanced approach to §18.2-370.1 would reflect shared values: protecting our communities while ensuring fairness and opportunity for rehabilitation. I believe this issue transcends political divides, uniting us in the pursuit of a justice system that is both strong and humane.

My state delegate is Tony Wilt and my state senator is Mark Obenshain. I have reached out directly to their field offices regarding this legislative plea, and I respectfully urge your office to consider supporting bipartisan efforts with them. I would welcome the opportunity to testify before any relevant committees or meet with your office if requested or deemed appropriate. Thank you for taking the time to consider this matter. Your leadership could pave the way for a policy that upholds public safety, aligns with federal standards, and provides a fair chance for individuals to rebuild their lives and serve their communities.

If you would like to know more about me, you can read my story, From Chaos to Strength:
My Bipolar Journey to Healing and Redemption, and check out some of my Pillar Posts about the healing journey.

Sincerely,

Christopher Aldana