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§ 18.2-8 Felonies, misdemeanors and traffic infractions defined

Offenses are either felonies or misdemeanors. Such offenses as are punishable with confinement in a state correctional facility are felonies; all other offenses are misdemeanors. Traffic infractions are violations of public order as defined in § 46.2-100 and not deemed to be criminal in nature.

History

The record of this law’s original creation isn’t available online. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1975, chapters 14 and 15; in 1977, chapter 585.

Code 1950, § 18.1-6; 1960, c. 358; 1975, cc. 14, 15; 1977, c. 585; 2021, Sp. Sess. I, cc. 344, 345.

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Court Decisions

Preston v. Com. (SCV, 01/13/11)
. . . 704 S.E.2d 127 (2011) . . .

Lytle v. Griffith (Court of Appeals for the Fourth Circuit, 02/16/01)
. . . 240 F.3d 404 (4th Cir. 2001) . . .

Lytle v. Griffith (Court of Appeals for the Fourth Circuit, 02/16/01)
. . . OPINION . . .

Falwell v. City of Lynchburg, Virginia (District Court, W.D. Virginia, 02/08/02)
. . . 198 F.Supp.2d 765 (2002) . . .

Sattler v. Commonwealth (COA, 05/16/95)
. . . COLE, Senior Judge, . . .

Turner v. Commonwealth (COA, 08/27/02)
. . . 568 S.E.2d 468 (2002) . . .

Foster v. Commonwealth (COA, 12/21/04)
. . . BUMGARDNER, III, Judge. . . .

Caron Nazario v. Joe Gutierrez (Court of Appeals for the Fourth Circuit, 05/31/24)
. . . USCA4 Appeal: 23-1620 Doc: 44 Filed: 05/31/2024 Pg: 1 of 49 . . .

Eva Carol Belcher v. Commonwealth of Virginia (COA, 09/27/22)
. . . COURT OF APPEALS OF VIRGINIA . . .

Bhagavan Kevin Antle v. Commonwealth of Virginia (COA, 02/04/25)
. . . COURT OF APPEALS OF VIRGINIA . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

HB859: Death penalty; persons not eligible for parole or good conduct allowance. (failed)

HB1960: Death penalty; abolishes from all Class 1 felonies committed on or after July 1, 2007. (failed)

HB299: Death penalty; abolishes for all Class 1 felonies committed on or after July 1, 2007. (failed)

HB1755: Death penalty; abolished for all Class 1 felonies committed on or after July 1, 2009. (failed)

HB85: Death penalty; abolishes penalty, including those persons currently under a death sentence. (failed)

SB449: Death penalty; abolishes penalty, including those persons currently under a death sentence. (failed)

HB1779: Death penalty; abolition of current penalty. (failed)

HB2263: Death penalty; abolition of current penalty.

SB449: Death penalty; abolishes penalty, including those persons currently under a death sentence.

SB1165: Death penalty; abolition of current penalty.

HB661: Capital murder; death penalty for willful, deliberate, etc., killing of a law-enforcement officer. (failed)

SB379: Capital murder; death penalty for willful, deliberate, etc., killing of a law-enforcement officer. (failed)

HB394: Capital murder; authorizes death penalty. (failed)

HB2694: Criminal sexual assault against a minor; capital murder, death penalty, etc. (failed)