{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-805.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-805.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-805.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-805.html"}],"law_id":80246,"edition_id":1,"section_id":80246,"structure_id":12767,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","history":"1994, Sp. Sess. II., cc. 1, 2, \u00a7 17-237; 1995, c. 482; 1998, cc. 277, 872; 1999, c. 349; 2004, cc. 459, 866; 2005, c. 631; 2011, c. 282; 2013, cc. 424, 647; 2015, cc. 690, 691; 2019, c. 617; 2021, Sp. Sess. I, c. 188; 2025, c. 261.","full_text":"A\n\nThe Commission shall adopt an initial set of discretionary felony sentencing guidelines which shall become effective on January 1, 1995. The initial recommended sentencing range for each felony offense shall be determined first, by computing the actual time-served distribution for similarly situated offenders, in terms of their conviction offense and prior criminal history, released from incarceration during the base period of calendar years 1988 through 1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles. The midpoint of each initial recommended sentencing range shall be the median time served for the middle two quartiles and subject to the following additional enhancements:1\n\nThe midpoint of the initial recommended sentencing range for first degree murder, second degree murder, rape in violation of § 18.2-61, forcible sodomy, object sexual penetration, and aggravated sexual battery shall be further increased by (i) 125 percent in cases in which the defendant has no previous conviction of a violent felony offense; (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years; or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of 40 years or more, except that the recommended sentence for a defendant convicted of first degree murder who has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more shall be imprisonment for life;2\n\nThe midpoint of the initial recommended sentencing range for voluntary manslaughter, robbery, aggravated malicious wounding, malicious wounding, and any burglary of a dwelling house or statutory burglary of a dwelling house or any burglary committed while armed with a deadly weapon or any statutory burglary committed while armed with a deadly weapon shall be further increased by (i) 100 percent in cases in which the defendant has no previous conviction of a violent felony offense, (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of less than 40 years, or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more;3\n\nThe midpoint of the initial recommended sentencing range for manufacturing, selling, giving, or distributing, or possessing with the intent to manufacture, sell, give, or distribute a Schedule I or II controlled substance, shall be increased by (i) 200 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years or (ii) 400 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more; and4\n\nThe midpoint of the initial recommended sentencing range for felony offenses not specified in subdivision 1, 2, or 3 shall be increased by 100 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years and by 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more.B\n\nFor purposes of this chapter, previous convictions shall include prior adult convictions and juvenile convictions and adjudications of delinquency based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, or the United States or its territories.C\n\nFor purposes of this chapter, violent felony offenses shall include any felony violation of § 16.1-253.2; solicitation to commit murder under § 18.2-29; any violation of § 18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2, 18.2-33, or 18.2-35; any violation of subsection B of § 18.2-36.1; any violation of § 18.2-40 or 18.2-41; any violation of clause (c)(i) or (ii) of subsection B of § 18.2-46.3; any violation of § 18.2-46.5, 18.2-46.6, or 18.2-46.7; any Class 5 felony violation of § 18.2-47; any felony violation of § 18.2-48, 18.2-48.1, or 18.2-49; any violation of § 18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1, 18.2-54.2, or 18.2-55; any violation of subsection B of § 18.2-57; any felony violation of § 18.2-57.2; any violation of § 18.2-58 or 18.2-58.1; any felony violation of § 18.2-60.1, 18.2-60.3, or 18.2-60.4; any violation of § 18.2-61, 18.2-64.1, 18.2-67.1, 18.2-67.2, former § 18.2-67.2:1, 18.2-67.3, 18.2-67.5, or 18.2-67.5:1 involving a third conviction of either sexual battery in violation of § 18.2-67.4 or attempted sexual battery in violation of subsection C of § 18.2-67.5; any Class 4 felony violation of § 18.2-63; any violation of subsection A of § 18.2-67.4:1; any violation of subsection A of § 18.2-77; any Class 3 felony violation of § 18.2-79; any Class 3 felony violation of § 18.2-80; any violation of § 18.2-85, 18.2-89, 18.2-90, 18.2-91, 18.2-92, or 18.2-93; any felony violation of § 18.2-152.7; any Class 4 felony violation of § 18.2-153; any Class 4 felony violation of § 18.2-154; any Class 4 felony violation of § 18.2-155; any felony violation of § 18.2-162; any violation of § 18.2-279 involving an occupied dwelling; any felony violation of subsection A or B of § 18.2-280; any violation of § 18.2-281; any felony violation of subsection A of § 18.2-282; any felony violation of § 18.2-282.1; any violation of § 18.2-286.1, 18.2-287.2, 18.2-289, or 18.2-290; any violation of subsection A of § 18.2-300; any felony violation of subsection C of § 18.2-308.1 or § 18.2-308.2; any violation of § 18.2-308.2:1 or subsection M or N of § 18.2-308.2:2; any violation of § 18.2-308.3 or 18.2-312; any former felony violation of § 18.2-346; any felony violation of § 18.2-346.01, 18.2-348, or 18.2-349; any violation of § 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1; any violation of former § 18.2-358; any violation of subsection B of § 18.2-361; any violation of subsection B of § 18.2-366; any violation of § 18.2-368, 18.2-370, or 18.2-370.1; any violation of subsection A of § 18.2-371.1; any felony violation of § 18.2-369 resulting in serious bodily injury or disease; any violation of § 18.2-374.1; any felony violation of § 18.2-374.1:1; any felony violation of § 18.2-374.3 or 18.2-374.4; any second or subsequent offense under §§ 18.2-379 and 18.2-381; any felony violation of § 18.2-405 or 18.2-406; any violation of § 18.2-408, 18.2-413, 18.2-414, 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2, or 18.2-433.2; any felony violation of § 18.2-460, 18.2-474.1, or 18.2-477.1; any violation of § 18.2-477, 18.2-478, 18.2-480, 18.2-481, or 18.2-485; any violation of § 37.2-917; any violation of § 52-48; any violation of § 53.1-203; any conspiracy or attempt to commit any offense specified in this subsection, or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories.","order_by":null,"text":{"0":{"id":287284,"text":"The Commission shall adopt an initial set of discretionary felony sentencing guidelines which shall become effective on January 1, 1995. The initial recommended sentencing range for each felony offense shall be determined first, by computing the actual time-served distribution for similarly situated offenders, in terms of their conviction offense and prior criminal history, released from incarceration during the base period of calendar years 1988 through 1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles. The midpoint of each initial recommended sentencing range shall be the median time served for the middle two quartiles and subject to the following additional enhancements:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":287285,"text":"The midpoint of the initial recommended sentencing range for first degree murder, second degree murder, rape in violation of § 18.2-61, forcible sodomy, object sexual penetration, and aggravated sexual battery shall be further increased by (i) 125 percent in cases in which the defendant has no previous conviction of a violent felony offense; (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years; or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of 40 years or more, except that the recommended sentence for a defendant convicted of first degree murder who has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more shall be imprisonment for life;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":287286,"text":"The midpoint of the initial recommended sentencing range for voluntary manslaughter, robbery, aggravated malicious wounding, malicious wounding, and any burglary of a dwelling house or statutory burglary of a dwelling house or any burglary committed while armed with a deadly weapon or any statutory burglary committed while armed with a deadly weapon shall be further increased by (i) 100 percent in cases in which the defendant has no previous conviction of a violent felony offense, (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of less than 40 years, or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":287287,"text":"The midpoint of the initial recommended sentencing range for manufacturing, selling, giving, or distributing, or possessing with the intent to manufacture, sell, give, or distribute a Schedule I or II controlled substance, shall be increased by (i) 200 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years or (ii) 400 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":287288,"text":"The midpoint of the initial recommended sentencing range for felony offenses not specified in subdivision 1, 2, or 3 shall be increased by 100 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years and by 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":287289,"text":"For purposes of this chapter, previous convictions shall include prior adult convictions and juvenile convictions and adjudications of delinquency based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, or the United States or its territories.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":287290,"text":"For purposes of this chapter, violent felony offenses shall include any felony violation of § 16.1-253.2; solicitation to commit murder under § 18.2-29; any violation of § 18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2, 18.2-33, or 18.2-35; any violation of subsection B of § 18.2-36.1; any violation of § 18.2-40 or 18.2-41; any violation of clause (c)(i) or (ii) of subsection B of § 18.2-46.3; any violation of § 18.2-46.5, 18.2-46.6, or 18.2-46.7; any Class 5 felony violation of § 18.2-47; any felony violation of § 18.2-48, 18.2-48.1, or 18.2-49; any violation of § 18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1, 18.2-54.2, or 18.2-55; any violation of subsection B of § 18.2-57; any felony violation of § 18.2-57.2; any violation of § 18.2-58 or 18.2-58.1; any felony violation of § 18.2-60.1, 18.2-60.3, or 18.2-60.4; any violation of § 18.2-61, 18.2-64.1, 18.2-67.1, 18.2-67.2, former § 18.2-67.2:1, 18.2-67.3, 18.2-67.5, or 18.2-67.5:1 involving a third conviction of either sexual battery in violation of § 18.2-67.4 or attempted sexual battery in violation of subsection C of § 18.2-67.5; any Class 4 felony violation of § 18.2-63; any violation of subsection A of § 18.2-67.4:1; any violation of subsection A of § 18.2-77; any Class 3 felony violation of § 18.2-79; any Class 3 felony violation of § 18.2-80; any violation of § 18.2-85, 18.2-89, 18.2-90, 18.2-91, 18.2-92, or 18.2-93; any felony violation of § 18.2-152.7; any Class 4 felony violation of § 18.2-153; any Class 4 felony violation of § 18.2-154; any Class 4 felony violation of § 18.2-155; any felony violation of § 18.2-162; any violation of § 18.2-279 involving an occupied dwelling; any felony violation of subsection A or B of § 18.2-280; any violation of § 18.2-281; any felony violation of subsection A of § 18.2-282; any felony violation of § 18.2-282.1; any violation of § 18.2-286.1, 18.2-287.2, 18.2-289, or 18.2-290; any violation of subsection A of § 18.2-300; any felony violation of subsection C of § 18.2-308.1 or § 18.2-308.2; any violation of § 18.2-308.2:1 or subsection M or N of § 18.2-308.2:2; any violation of § 18.2-308.3 or 18.2-312; any former felony violation of § 18.2-346; any felony violation of § 18.2-346.01, 18.2-348, or 18.2-349; any violation of § 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1; any violation of former § 18.2-358; any violation of subsection B of § 18.2-361; any violation of subsection B of § 18.2-366; any violation of § 18.2-368, 18.2-370, or 18.2-370.1; any violation of subsection A of § 18.2-371.1; any felony violation of § 18.2-369 resulting in serious bodily injury or disease; any violation of § 18.2-374.1; any felony violation of § 18.2-374.1:1; any felony violation of § 18.2-374.3 or 18.2-374.4; any second or subsequent offense under §§ 18.2-379 and 18.2-381; any felony violation of § 18.2-405 or 18.2-406; any violation of § 18.2-408, 18.2-413, 18.2-414, 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2, or 18.2-433.2; any felony violation of § 18.2-460, 18.2-474.1, or 18.2-477.1; any violation of § 18.2-477, 18.2-478, 18.2-480, 18.2-481, or 18.2-485; any violation of § 37.2-917; any violation of § 52-48; any violation of § 53.1-203; any conspiracy or attempt to commit any offense specified in this subsection, or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":12767,"edition_id":1,"name":"Virginia Criminal Sentencing Commission","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":164023,"object_type":"structure","relational_id":12767,"identifier":"8","token":"17.1\/8","url":"\/17.1\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12766,"edition_id":1,"name":"Courts of Record","identifier":"17.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":162799,"object_type":"structure","relational_id":12766,"identifier":"17.1","token":"17.1","url":"\/17.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67002,"structure_id":12767,"section_number":"17.1-800","catch_line":"Virginia Criminal Sentencing Commission created","url":"\/17.1-800\/","token":"17.1\/8\/17.1-800","metadata":false},{"id":60673,"structure_id":12767,"section_number":"17.1-801","catch_line":"Purpose","url":"\/17.1-801\/","token":"17.1\/8\/17.1-801","metadata":false},{"id":60828,"structure_id":12767,"section_number":"17.1-802","catch_line":"Membership; terms; compensation and expenses","url":"\/17.1-802\/","token":"17.1\/8\/17.1-802","metadata":false},{"id":67896,"structure_id":12767,"section_number":"17.1-803","catch_line":"Powers and duties","url":"\/17.1-803\/","token":"17.1\/8\/17.1-803","metadata":false},{"id":53956,"structure_id":12767,"section_number":"17.1-804","catch_line":"Meetings; staff support","url":"\/17.1-804\/","token":"17.1\/8\/17.1-804","metadata":false},{"id":80246,"structure_id":12767,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","url":"\/17.1-805\/","token":"17.1\/8\/17.1-805","metadata":false},{"id":62946,"structure_id":12767,"section_number":"17.1-805.1","catch_line":"Discretionary sentencing guideline midpoints for certain defendants","url":"\/17.1-805.1\/","token":"17.1\/8\/17.1-805.1","metadata":false},{"id":60194,"structure_id":12767,"section_number":"17.1-806","catch_line":"Sentencing guidelines modifications; effective date","url":"\/17.1-806\/","token":"17.1\/8\/17.1-806","metadata":false}],"previous_section":{"id":53956,"structure_id":12767,"section_number":"17.1-804","catch_line":"Meetings; staff support","url":"\/17.1-804\/","token":"17.1\/8\/17.1-804","metadata":false},"next_section":{"id":62946,"structure_id":12767,"section_number":"17.1-805.1","catch_line":"Discretionary sentencing guideline midpoints for certain defendants","url":"\/17.1-805.1\/","token":"17.1\/8\/17.1-805.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-805\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapter 482<\/a>; in 1998, chapters 277<\/a> and 872<\/a>; in 1999, chapter 349<\/a>; in 2004, chapters 459<\/a> and 866<\/a>; in 2005, chapter 631<\/a>; in 2011, chapter 282<\/a>; in 2013, chapters 424<\/a> and 647<\/a>; in 2015, chapters 690<\/a> and 691<\/a>; in 2019, chapter 617<\/a>; in 2025, chapter 261<\/a>.<\/p>","references":[{"id":82793,"section_number":"17.1-213","catch_line":"Disposition of papers in ended cases","order_by":null,"url":"\/17.1-213\/"},{"id":67896,"section_number":"17.1-803","catch_line":"Powers and duties","order_by":null,"url":"\/17.1-803\/"},{"id":62946,"section_number":"17.1-805.1","catch_line":"Discretionary sentencing guideline midpoints for certain defendants","order_by":null,"url":"\/17.1-805.1\/"},{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":56786,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","order_by":null,"url":"\/18.2-308.2\/"},{"id":71784,"section_number":"18.2-359","catch_line":"Venue for criminal sexual assault or where any person transported for criminal sexual assault, attempted criminal sexual assault, or purposes of unlawful sexual intercourse, crimes against nature, and indecent liberties with children; venue for such crimes when coupled with a violent felony","order_by":null,"url":"\/18.2-359\/"},{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"},{"id":56127,"section_number":"18.2-460","catch_line":"Obstructing justice; resisting arrest; fleeing from a law-enforcement officer; penalties","order_by":null,"url":"\/18.2-460\/"},{"id":81173,"section_number":"19.2-11.2","catch_line":"Crime victim's right to nondisclosure of certain information; exceptions; testimonial privilege","order_by":null,"url":"\/19.2-11.2\/"},{"id":69386,"section_number":"19.2-368.2","catch_line":"Definitions","order_by":null,"url":"\/19.2-368.2\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":56012,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","order_by":null,"url":"\/19.2-70.3\/"},{"id":55270,"section_number":"46.2-116","catch_line":"Registration with Department of Criminal Justice Services required for tow truck drivers; penalty","order_by":null,"url":"\/46.2-116\/"},{"id":84528,"section_number":"46.2-117","catch_line":"Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs","order_by":null,"url":"\/46.2-117\/"},{"id":63452,"section_number":"46.2-2099.49","catch_line":"Requirements for TNC partners; mandatory background screening; drug and alcohol policy; mandatory disclosures to TNC partners; duty of TNC partners to provide updated information to transportation network companies","order_by":null,"url":"\/46.2-2099.49\/"},{"id":64394,"section_number":"53.1-231.2","catch_line":"Restoration of the civil right to be eligible to register to vote to certain persons","order_by":null,"url":"\/53.1-231.2\/"}],"refers_to":[{"id":82642,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","order_by":null,"url":"\/16.1-253.2\/"},{"id":81717,"section_number":"18.2-152.7","catch_line":"Personal trespass by computer; penalty","order_by":null,"url":"\/18.2-152.7\/"},{"id":75741,"section_number":"18.2-153","catch_line":"Obstructing or injuring canal, railroad, power line, etc","order_by":null,"url":"\/18.2-153\/"},{"id":74056,"section_number":"18.2-154","catch_line":"Shooting at or throwing missiles, etc., at train, car, vessel, etc.; penalty","order_by":null,"url":"\/18.2-154\/"},{"id":78419,"section_number":"18.2-155","catch_line":"Injuring, etc., signal used by railroad","order_by":null,"url":"\/18.2-155\/"},{"id":82358,"section_number":"18.2-162","catch_line":"Damage or trespass to public services or utilities","order_by":null,"url":"\/18.2-162\/"},{"id":62694,"section_number":"18.2-279","catch_line":"Discharging firearms or missiles within or at building or dwelling house; penalty","order_by":null,"url":"\/18.2-279\/"},{"id":83677,"section_number":"18.2-280","catch_line":"Willfully discharging firearms in public places","order_by":null,"url":"\/18.2-280\/"},{"id":86429,"section_number":"18.2-281","catch_line":"Setting spring gun or other deadly weapon","order_by":null,"url":"\/18.2-281\/"},{"id":73757,"section_number":"18.2-282","catch_line":"Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty","order_by":null,"url":"\/18.2-282\/"},{"id":54804,"section_number":"18.2-282.1","catch_line":"Brandishing a machete or other bladed weapon with intent to intimidate; penalty","order_by":null,"url":"\/18.2-282.1\/"},{"id":86343,"section_number":"18.2-286.1","catch_line":"Shooting from vehicles so as to endanger persons; penalty","order_by":null,"url":"\/18.2-286.1\/"},{"id":66302,"section_number":"18.2-287.2","catch_line":"Wearing of body armor while committing a crime; penalty","order_by":null,"url":"\/18.2-287.2\/"},{"id":61879,"section_number":"18.2-289","catch_line":"Use of machine gun for crime of violence","order_by":null,"url":"\/18.2-289\/"},{"id":74912,"section_number":"18.2-29","catch_line":"Criminal solicitation; penalty","order_by":null,"url":"\/18.2-29\/"},{"id":59487,"section_number":"18.2-290","catch_line":"Use of machine gun for aggressive purpose","order_by":null,"url":"\/18.2-290\/"},{"id":62541,"section_number":"18.2-300","catch_line":"Possession or use of \"sawed-off\" shotgun or rifle","order_by":null,"url":"\/18.2-300\/"},{"id":58832,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","order_by":null,"url":"\/18.2-308.1\/"},{"id":56786,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","order_by":null,"url":"\/18.2-308.2\/"},{"id":61558,"section_number":"18.2-308.2:1","catch_line":"Prohibiting the selling, etc., of firearms to certain persons; penalties","order_by":null,"url":"\/18.2-308.2_1\/"},{"id":80010,"section_number":"18.2-308.2:2","catch_line":"Criminal history record information check required for the transfer of certain firearms","order_by":null,"url":"\/18.2-308.2_2\/"},{"id":83619,"section_number":"18.2-308.3","catch_line":"Use or attempted use of restricted ammunition in commission or attempted commission of crimes prohibited; penalty","order_by":null,"url":"\/18.2-308.3\/"},{"id":79946,"section_number":"18.2-31","catch_line":"Aggravated murder defined; punishment","order_by":null,"url":"\/18.2-31\/"},{"id":62448,"section_number":"18.2-312","catch_line":"Illegal use of tear gas, phosgene and other gases","order_by":null,"url":"\/18.2-312\/"},{"id":57602,"section_number":"18.2-32","catch_line":"First and second degree murder defined; punishment","order_by":null,"url":"\/18.2-32\/"},{"id":62187,"section_number":"18.2-32.1","catch_line":"Murder of a pregnant woman; penalty","order_by":null,"url":"\/18.2-32.1\/"},{"id":79116,"section_number":"18.2-32.2","catch_line":"Killing a fetus; penalty","order_by":null,"url":"\/18.2-32.2\/"},{"id":80906,"section_number":"18.2-33","catch_line":"Felony homicide defined; punishment","order_by":null,"url":"\/18.2-33\/"},{"id":79810,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","order_by":null,"url":"\/18.2-346\/"},{"id":57611,"section_number":"18.2-346.01","catch_line":"Prostitution; solicitation; commercial exploitation of a minor; penalties","order_by":null,"url":"\/18.2-346.01\/"},{"id":83161,"section_number":"18.2-348","catch_line":"Aiding prostitution or illicit sexual intercourse, etc.; penalty","order_by":null,"url":"\/18.2-348\/"},{"id":85342,"section_number":"18.2-349","catch_line":"Using vehicles to promote prostitution or unlawful sexual intercourse; penalty","order_by":null,"url":"\/18.2-349\/"},{"id":70478,"section_number":"18.2-35","catch_line":"How voluntary manslaughter punished","order_by":null,"url":"\/18.2-35\/"},{"id":57212,"section_number":"18.2-355","catch_line":"Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking","order_by":null,"url":"\/18.2-355\/"},{"id":59657,"section_number":"18.2-356","catch_line":"Receiving money for procuring person; penalties","order_by":null,"url":"\/18.2-356\/"},{"id":62200,"section_number":"18.2-357","catch_line":"Receiving money from earnings of male or female prostitute; penalties","order_by":null,"url":"\/18.2-357\/"},{"id":76497,"section_number":"18.2-357.1","catch_line":"Commercial sex trafficking; penalties","order_by":null,"url":"\/18.2-357.1\/"},{"id":59589,"section_number":"18.2-358","catch_line":"Repealed","order_by":null,"url":"\/18.2-358\/"},{"id":67930,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","order_by":null,"url":"\/18.2-36.1\/"},{"id":55287,"section_number":"18.2-361","catch_line":"Crimes against nature; penalty","order_by":null,"url":"\/18.2-361\/"},{"id":76153,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","order_by":null,"url":"\/18.2-366\/"},{"id":55653,"section_number":"18.2-368","catch_line":"Placing or leaving spouse for prostitution; penalty","order_by":null,"url":"\/18.2-368\/"},{"id":70553,"section_number":"18.2-369","catch_line":"Abuse and neglect of vulnerable adults; penalties","order_by":null,"url":"\/18.2-369\/"},{"id":60265,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","order_by":null,"url":"\/18.2-370\/"},{"id":80307,"section_number":"18.2-370.1","catch_line":"Taking indecent liberties with child by person in custodial or supervisory relationship; penalties","order_by":null,"url":"\/18.2-370.1\/"},{"id":65049,"section_number":"18.2-371.1","catch_line":"Abuse and neglect of children; penalties; abandoned infant","order_by":null,"url":"\/18.2-371.1\/"},{"id":61326,"section_number":"18.2-374.1","catch_line":"Production, publication, sale, financing, etc., of child pornography; presumption as to age","order_by":null,"url":"\/18.2-374.1\/"},{"id":63653,"section_number":"18.2-374.1:1","catch_line":"Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty","order_by":null,"url":"\/18.2-374.1_1\/"},{"id":77778,"section_number":"18.2-374.3","catch_line":"Use of communications systems to facilitate certain offenses involving children; penalties","order_by":null,"url":"\/18.2-374.3\/"},{"id":56184,"section_number":"18.2-374.4","catch_line":"Display of child pornography or grooming video or materials to a child unlawful; penalty","order_by":null,"url":"\/18.2-374.4\/"},{"id":67563,"section_number":"18.2-379","catch_line":"Employing or permitting minor to assist in offense under article","order_by":null,"url":"\/18.2-379\/"},{"id":64773,"section_number":"18.2-381","catch_line":"Punishment for subsequent offenses; additional penalty for owner","order_by":null,"url":"\/18.2-381\/"},{"id":73475,"section_number":"18.2-40","catch_line":"Lynching deemed murder","order_by":null,"url":"\/18.2-40\/"},{"id":66562,"section_number":"18.2-405","catch_line":"What constitutes a riot; punishment","order_by":null,"url":"\/18.2-405\/"},{"id":83452,"section_number":"18.2-406","catch_line":"What constitutes an unlawful assembly; punishment","order_by":null,"url":"\/18.2-406\/"},{"id":79023,"section_number":"18.2-408","catch_line":"Conspiracy; incitement, etc., to riot","order_by":null,"url":"\/18.2-408\/"},{"id":69785,"section_number":"18.2-41","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc., by mob","order_by":null,"url":"\/18.2-41\/"},{"id":86638,"section_number":"18.2-413","catch_line":"Commission of certain offenses in county, city or town declared by Governor to be in state of riot or insurrection","order_by":null,"url":"\/18.2-413\/"},{"id":82336,"section_number":"18.2-414","catch_line":"Injury to property or persons by persons unlawfully or riotously assembled","order_by":null,"url":"\/18.2-414\/"},{"id":72550,"section_number":"18.2-423","catch_line":"Burning cross on property of another or public place with intent to intimidate; penalty; prima facie evidence of intent","order_by":null,"url":"\/18.2-423\/"},{"id":77995,"section_number":"18.2-423.01","catch_line":"Burning object on property of another or a highway or other public place with intent to intimidate; penalty","order_by":null,"url":"\/18.2-423.01\/"},{"id":86316,"section_number":"18.2-423.1","catch_line":"Placing Nazi symbol or emblem on certain property with intent to intimidate; penalty; prima facie evidence of intent","order_by":null,"url":"\/18.2-423.1\/"},{"id":78205,"section_number":"18.2-423.2","catch_line":"Displaying noose on property of another or a highway or other public place with intent to intimidate; penalty","order_by":null,"url":"\/18.2-423.2\/"},{"id":56135,"section_number":"18.2-433.2","catch_line":"Paramilitary activity prohibited; penalty","order_by":null,"url":"\/18.2-433.2\/"},{"id":70242,"section_number":"18.2-46.3","catch_line":"Recruitment of persons for criminal street gang; penalty","order_by":null,"url":"\/18.2-46.3\/"},{"id":57068,"section_number":"18.2-46.5","catch_line":"Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty","order_by":null,"url":"\/18.2-46.5\/"},{"id":76633,"section_number":"18.2-46.6","catch_line":"Possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited; penalty","order_by":null,"url":"\/18.2-46.6\/"},{"id":60578,"section_number":"18.2-46.7","catch_line":"Act of bioterrorism against agricultural crops or animals; penalty","order_by":null,"url":"\/18.2-46.7\/"},{"id":56127,"section_number":"18.2-460","catch_line":"Obstructing justice; resisting arrest; fleeing from a law-enforcement officer; penalties","order_by":null,"url":"\/18.2-460\/"},{"id":60862,"section_number":"18.2-47","catch_line":"Abduction and kidnapping defined; forced labor; punishment","order_by":null,"url":"\/18.2-47\/"},{"id":78113,"section_number":"18.2-474.1","catch_line":"Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons","order_by":null,"url":"\/18.2-474.1\/"},{"id":74785,"section_number":"18.2-477","catch_line":"Prisoner escaping from jail; how punished","order_by":null,"url":"\/18.2-477\/"},{"id":71093,"section_number":"18.2-477.1","catch_line":"Escapes from juvenile facility; penalty","order_by":null,"url":"\/18.2-477.1\/"},{"id":70244,"section_number":"18.2-478","catch_line":"Escape from jail or custody by force or violence without setting fire to jail; penalty","order_by":null,"url":"\/18.2-478\/"},{"id":59389,"section_number":"18.2-48","catch_line":"Abduction with intent to extort money or for immoral purpose","order_by":null,"url":"\/18.2-48\/"},{"id":63979,"section_number":"18.2-48.1","catch_line":"Abduction by prisoners or committed persons; penalty","order_by":null,"url":"\/18.2-48.1\/"},{"id":76492,"section_number":"18.2-480","catch_line":"Escape, etc., by setting fire to jail","order_by":null,"url":"\/18.2-480\/"},{"id":54092,"section_number":"18.2-481","catch_line":"Treason defined; how proved and punished","order_by":null,"url":"\/18.2-481\/"},{"id":85381,"section_number":"18.2-485","catch_line":"Conspiring to incite one race to insurrection against another race","order_by":null,"url":"\/18.2-485\/"},{"id":64917,"section_number":"18.2-49","catch_line":"Threatening, attempting, or assisting in such abduction; penalty","order_by":null,"url":"\/18.2-49\/"},{"id":72243,"section_number":"18.2-51","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc","order_by":null,"url":"\/18.2-51\/"},{"id":72165,"section_number":"18.2-51.1","catch_line":"Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical services personnel; penalty; lesser-included offense","order_by":null,"url":"\/18.2-51.1\/"},{"id":68812,"section_number":"18.2-51.2","catch_line":"Aggravated malicious wounding; penalty","order_by":null,"url":"\/18.2-51.2\/"},{"id":78289,"section_number":"18.2-51.3","catch_line":"Prohibition against reckless endangerment of others by throwing objects from places higher than one story; penalty","order_by":null,"url":"\/18.2-51.3\/"},{"id":54708,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","order_by":null,"url":"\/18.2-51.4\/"},{"id":75920,"section_number":"18.2-51.6","catch_line":"Strangulation or suffocation of another; penalty","order_by":null,"url":"\/18.2-51.6\/"},{"id":60388,"section_number":"18.2-52","catch_line":"Malicious bodily injury by means of any caustic substance or agent or use of any explosive or fire","order_by":null,"url":"\/18.2-52\/"},{"id":65361,"section_number":"18.2-52.1","catch_line":"Possession of infectious biological substances or radiological agents; penalties","order_by":null,"url":"\/18.2-52.1\/"},{"id":63001,"section_number":"18.2-53","catch_line":"Shooting, etc., in committing or attempting a felony","order_by":null,"url":"\/18.2-53\/"},{"id":76539,"section_number":"18.2-53.1","catch_line":"Use or display of firearm in committing felony","order_by":null,"url":"\/18.2-53.1\/"},{"id":58105,"section_number":"18.2-54.1","catch_line":"Attempts to poison","order_by":null,"url":"\/18.2-54.1\/"},{"id":66847,"section_number":"18.2-54.2","catch_line":"Adulteration of food, drink, drugs, cosmetics, etc.; penalty","order_by":null,"url":"\/18.2-54.2\/"},{"id":82347,"section_number":"18.2-55","catch_line":"Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers or adult parolees","order_by":null,"url":"\/18.2-55\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":79704,"section_number":"18.2-58","catch_line":"Robbery; penalties","order_by":null,"url":"\/18.2-58\/"},{"id":71665,"section_number":"18.2-58.1","catch_line":"Carjacking; penalty","order_by":null,"url":"\/18.2-58.1\/"},{"id":66281,"section_number":"18.2-60.1","catch_line":"Threatening the Governor or his immediate family","order_by":null,"url":"\/18.2-60.1\/"},{"id":54485,"section_number":"18.2-60.3","catch_line":"Stalking; penalty","order_by":null,"url":"\/18.2-60.3\/"},{"id":86834,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","order_by":null,"url":"\/18.2-60.4\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":76651,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","order_by":null,"url":"\/18.2-63\/"},{"id":67558,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","order_by":null,"url":"\/18.2-64.1\/"},{"id":73623,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","order_by":null,"url":"\/18.2-67.1\/"},{"id":73072,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","order_by":null,"url":"\/18.2-67.2\/"},{"id":83215,"section_number":"18.2-67.2:1","catch_line":"Repealed","order_by":null,"url":"\/18.2-67.2_1\/"},{"id":85126,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","order_by":null,"url":"\/18.2-67.3\/"},{"id":67699,"section_number":"18.2-67.4","catch_line":"Sexual battery","order_by":null,"url":"\/18.2-67.4\/"},{"id":64369,"section_number":"18.2-67.4:1","catch_line":"Infected sexual battery; penalty","order_by":null,"url":"\/18.2-67.4_1\/"},{"id":57731,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","order_by":null,"url":"\/18.2-67.5\/"},{"id":73718,"section_number":"18.2-67.5:1","catch_line":"Punishment upon conviction of third misdemeanor offense","order_by":null,"url":"\/18.2-67.5_1\/"},{"id":62707,"section_number":"18.2-77","catch_line":"Burning or destroying dwelling house, etc","order_by":null,"url":"\/18.2-77\/"},{"id":61666,"section_number":"18.2-79","catch_line":"Burning or destroying meeting house, etc","order_by":null,"url":"\/18.2-79\/"},{"id":54834,"section_number":"18.2-80","catch_line":"Burning or destroying any other building or structure","order_by":null,"url":"\/18.2-80\/"},{"id":82444,"section_number":"18.2-85","catch_line":"Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penalties","order_by":null,"url":"\/18.2-85\/"},{"id":67235,"section_number":"18.2-89","catch_line":"Burglary; how punished","order_by":null,"url":"\/18.2-89\/"},{"id":60995,"section_number":"18.2-90","catch_line":"Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty","order_by":null,"url":"\/18.2-90\/"},{"id":55574,"section_number":"18.2-91","catch_line":"Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony","order_by":null,"url":"\/18.2-91\/"},{"id":87070,"section_number":"18.2-92","catch_line":"Breaking and entering dwelling house with intent to commit other misdemeanor","order_by":null,"url":"\/18.2-92\/"},{"id":77775,"section_number":"18.2-93","catch_line":"Entering bank, armed, with intent to commit larceny","order_by":null,"url":"\/18.2-93\/"},{"id":73119,"section_number":"37.2-917","catch_line":"Escape of persons committed; penalty","order_by":null,"url":"\/37.2-917\/"},{"id":84698,"section_number":"52-48","catch_line":"Confidentiality and immunity from service of process; penalties","order_by":null,"url":"\/52-48\/"},{"id":60787,"section_number":"53.1-203","catch_line":"Felonies by prisoners; penalties","order_by":null,"url":"\/53.1-203\/"}],"permalink":{"id":164045,"object_type":"law","relational_id":80246,"identifier":"17.1-805","token":"17.1\/8\/17.1-805","url":"\/17.1-805\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-805\/","token":"17.1\/8\/17.1-805","dublin_core":{"Title":"Adoption of initial discretionary sentencing guideline midpoints","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-805","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission shall adopt an initial set of discretionary felony<\/span> sentencing guidelines<\/span> which shall become effective on January 1, 1995. The initial recommended sentencing range for each felony<\/span> offense<\/span> shall be determined first, by computing the actual time-served distribution for similarly situated offenders, in terms of their conviction<\/span> offense<\/span> and prior criminal history, released from incarceration during the base period of calendar years 1988 through 1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles. The midpoint of each initial recommended sentencing range shall be the median time served for the middle two quartiles and subject to the following additional enhancements: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The midpoint of the initial recommended sentencing range for first degree murder<\/span>, second degree murder<\/span>, rape<\/span> in violation of § 18.2-61<\/a>, forcible sodomy, object<\/span> sexual penetration, and aggravated sexual battery<\/span> shall be further increased by (i) 125 percent in cases in which the defendant<\/span> has no previous conviction<\/span> of a violent felony<\/span> offense<\/span>; (ii) 300 percent in cases in which the defendant<\/span> has previously been convicted of a violent felony<\/span> offense<\/span> punishable by a maximum punishment of less than 40 years; or (iii) 500 percent in cases in which the defendant<\/span> has previously been convicted of a violent felony<\/span> offense<\/span> punishable by a maximum punishment of 40 years or more, except that the recommended sentence for a defendant<\/span> convicted of first degree murder<\/span> who has previously been convicted of a violent felony<\/span> offense<\/span> punishable by a maximum term of imprisonment of 40 years or more shall be imprisonment for life; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The midpoint of the initial recommended sentencing range for voluntary manslaughter<\/span>, robbery<\/span>, aggravated malicious<\/span> wounding, malicious<\/span> wounding, and any burglary<\/span> of a dwelling house or statutory burglary<\/span> of a dwelling house or any burglary<\/span> committed while armed with a deadly weapon or any statutory burglary<\/span> committed while armed with a deadly weapon shall be further increased by (i) 100 percent in cases in which the defendant<\/span> has no previous conviction<\/span> of a violent felony<\/span> offense<\/span>, (ii) 300 percent in cases in which the defendant<\/span> has previously been convicted of a violent felony<\/span> offense<\/span> punishable by a maximum term of imprisonment of less than 40 years, or (iii) 500 percent in cases in which the defendant<\/span> has previously been convicted of a violent felony<\/span> offense<\/span> punishable by a maximum term of imprisonment of 40 years or more; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The midpoint of the initial recommended sentencing range for manufacturing, selling, giving, or distributing, or possessing with the intent<\/span> to manufacture, sell, give, or distribute a Schedule I or II controlled substance, shall be increased by (i) 200 percent in cases in which the defendant<\/span> has previously been convicted of a violent felony<\/span> offense<\/span> punishable by a maximum punishment of less than 40 years or (ii) 400 percent in cases in which the defendant<\/span> has previously been convicted of a violent felony<\/span> offense<\/span> punishable by a maximum term of imprisonment of 40 years or more; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The midpoint of the initial recommended sentencing range for felony<\/span> offenses<\/span> not specified in subdivision 1, 2, or 3 shall be increased by 100 percent in cases in which the defendant<\/span> has previously been convicted of a violent felony<\/span> offense<\/span> punishable by a maximum punishment of less than 40 years and by 300 percent in cases in which the defendant<\/span> has previously been convicted of a violent felony<\/span> offense<\/span> punishable by a maximum term of imprisonment of 40 years or more. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of this chapter, previous convictions<\/span> shall include prior adult convictions<\/span> and juvenile convictions<\/span> and adjudications of delinquency based on an offense<\/span> which would have been at the time of conviction<\/span> a felony<\/span> if committed by an adult under the laws<\/span> of any state, the District of Columbia, or the United States or its territories. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For purposes of this chapter, violent felony<\/span> offenses<\/span> shall include any felony<\/span> violation of § 16.1-253.2<\/a>; solicitation to commit murder<\/span> under § 18.2-29<\/a>; any violation of § 18.2-31<\/a>, 18.2-32<\/a>, 18.2-32.1<\/a>, 18.2-32.2<\/a>, 18.2-33<\/a>, or 18.2-35<\/a>; any violation of subsection B of § 18.2-36.1<\/a>; any violation of § 18.2-40<\/a> or 18.2-41<\/a>; any violation of clause (c)(i) or (ii) of subsection B of § 18.2-46.3<\/a>; any violation of § 18.2-46.5<\/a>, 18.2-46.6<\/a>, or 18.2-46.7<\/a>; any Class 5 felony<\/span> violation of § 18.2-47<\/a>; any felony<\/span> violation of § 18.2-48<\/a>, 18.2-48.1<\/a>, or 18.2-49<\/a>; any violation of § 18.2-51<\/a>, 18.2-51.1<\/a>, 18.2-51.2<\/a>, 18.2-51.3<\/a>, 18.2-51.4<\/a>, 18.2-51.6<\/a>, 18.2-52<\/a>, 18.2-52.1<\/a>, 18.2-53<\/a>, 18.2-53.1<\/a>, 18.2-54.1<\/a>, 18.2-54.2<\/a>, or 18.2-55<\/a>; any violation of subsection B of § 18.2-57<\/a>; any felony<\/span> violation of § 18.2-57.2<\/a>; any violation of § 18.2-58<\/a> or 18.2-58.1<\/a>; any felony<\/span> violation of § 18.2-60.1<\/a>, 18.2-60.3<\/a>, or 18.2-60.4<\/a>; any violation of § 18.2-61<\/a>, 18.2-64.1<\/a>, 18.2-67.1<\/a>, 18.2-67.2<\/a>, former § 18.2-67.2:1<\/a>, 18.2-67.3<\/a>, 18.2-67.5<\/a>, or 18.2-67.5:1<\/a> involving a third conviction<\/span> of either sexual battery<\/span> in violation of § 18.2-67.4<\/a> or attempted sexual battery<\/span> in violation of subsection C of § 18.2-67.5<\/a>; any Class 4 felony<\/span> violation of § 18.2-63<\/a>; any violation of subsection A of § 18.2-67.4:1<\/a>; any violation of subsection A of § 18.2-77<\/a>; any Class 3 felony<\/span> violation of § 18.2-79<\/a>; any Class 3 felony<\/span> violation of § 18.2-80<\/a>; any violation of § 18.2-85<\/a>, 18.2-89<\/a>, 18.2-90<\/a>, 18.2-91<\/a>, 18.2-92<\/a>, or 18.2-93<\/a>; any felony<\/span> violation of § 18.2-152.7<\/a>; any Class 4 felony<\/span> violation of § 18.2-153<\/a>; any Class 4 felony<\/span> violation of § 18.2-154<\/a>; any Class 4 felony<\/span> violation of § 18.2-155<\/a>; any felony<\/span> violation of § 18.2-162<\/a>; any violation of § 18.2-279<\/a> involving an occupied dwelling; any felony<\/span> violation of subsection A or B of § 18.2-280<\/a>; any violation of § 18.2-281<\/a>; any felony<\/span> violation of subsection A of § 18.2-282<\/a>; any felony<\/span> violation of § 18.2-282.1<\/a>; any violation of § 18.2-286.1<\/a>, 18.2-287.2<\/a>, 18.2-289<\/a>, or 18.2-290<\/a>; any violation of subsection A of § 18.2-300<\/a>; any felony<\/span> violation of subsection C of § 18.2-308.1<\/a> or § 18.2-308.2<\/a>; any violation of § 18.2-308.2:1<\/a> or subsection M or N of § 18.2-308.2:2<\/a>; any violation of § 18.2-308.3<\/a> or 18.2-312<\/a>; any former felony<\/span> violation of § 18.2-346<\/a>; any felony<\/span> violation of § 18.2-346.01<\/a>, 18.2-348<\/a>, or 18.2-349<\/a>; any violation of § 18.2-355<\/a>, 18.2-356<\/a>, 18.2-357<\/a>, or 18.2-357.1<\/a>; any violation of former § 18.2-358<\/a>; any violation of subsection B of § 18.2-361<\/a>; any violation of subsection B of § 18.2-366<\/a>; any violation of § 18.2-368<\/a>, 18.2-370<\/a>, or 18.2-370.1<\/a>; any violation of subsection A of § 18.2-371.1<\/a>; any felony<\/span> violation of § 18.2-369<\/a> resulting in serious bodily injury or disease; any violation of § 18.2-374.1<\/a>; any felony<\/span> violation of § 18.2-374.1:1<\/a>; any felony<\/span> violation of § 18.2-374.3<\/a> or 18.2-374.4<\/a>; any second or subsequent offense<\/span> under §§ 18.2-379<\/a> and 18.2-381<\/a>; any felony<\/span> violation of § 18.2-405<\/a> or 18.2-406<\/a>; any violation of § 18.2-408<\/a>, 18.2-413<\/a>, 18.2-414<\/a>, 18.2-423<\/a>, 18.2-423.01<\/a>, 18.2-423.1<\/a>, 18.2-423.2<\/a>, or 18.2-433.2<\/a>; any felony<\/span> violation of § 18.2-460<\/a>, 18.2-474.1<\/a>, or 18.2-477.1<\/a>; any violation of § 18.2-477<\/a>, 18.2-478<\/a>, 18.2-480<\/a>, 18.2-481<\/a>, or 18.2-485<\/a>; any violation of § 37.2-917<\/a>; any violation of § 52-48<\/a>; any violation of § 53.1-203<\/a>; any conspiracy or attempt to commit any offense<\/span> specified in this subsection, or any substantially similar offense<\/span> under the laws<\/span> of any state, the District of Columbia, or the United States or its territories. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADOPTION OF INITIAL DISCRETIONARY SENTENCING GUIDELINE MIDPOINTS (\u00a7 17.1-805)\n\nA. The Commission shall adopt an initial set of discretionary felony sentencing\nguidelines which shall become effective on January 1, 1995. The initial\nrecommended sentencing range for each felony offense shall be determined first,\nby computing the actual time-served distribution for similarly situated\noffenders, in terms of their conviction offense and prior criminal history,\nreleased from incarceration during the base period of calendar years 1988\nthrough 1992, increased by 13.4 percent, and second, by eliminating from this\nrange the upper and lower quartiles. The midpoint of each initial recommended\nsentencing range shall be the median time served for the middle two quartiles\nand subject to the following additional enhancements:\n\n 1. The midpoint of the initial recommended sentencing range for first degree\n murder, second degree murder, rape in violation of § 18.2-61, forcible\n sodomy, object sexual penetration, and aggravated sexual battery shall be\n further increased by (i) 125 percent in cases in which the defendant has no\n previous conviction of a violent felony offense; (ii) 300 percent in cases in\n which the defendant has previously been convicted of a violent felony offense\n punishable by a maximum punishment of less than 40 years; or (iii) 500 percent\n in cases in which the defendant has previously been convicted of a violent\n felony offense punishable by a maximum punishment of 40 years or more, except\n that the recommended sentence for a defendant convicted of first degree murder\n who has previously been convicted of a violent felony offense punishable by a\n maximum term of imprisonment of 40 years or more shall be imprisonment for\n life;\n\n 2. The midpoint of the initial recommended sentencing range for voluntary\n manslaughter, robbery, aggravated malicious wounding, malicious wounding, and\n any burglary of a dwelling house or statutory burglary of a dwelling house or\n any burglary committed while armed with a deadly weapon or any statutory\n burglary committed while armed with a deadly weapon shall be further increased\n by (i) 100 percent in cases in which the defendant has no previous conviction\n of a violent felony offense, (ii) 300 percent in cases in which the defendant\n has previously been convicted of a violent felony offense punishable by a\n maximum term of imprisonment of less than 40 years, or (iii) 500 percent in\n cases in which the defendant has previously been convicted of a violent felony\n offense punishable by a maximum term of imprisonment of 40 years or more;\n\n 3. The midpoint of the initial recommended sentencing range for manufacturing,\n selling, giving, or distributing, or possessing with the intent to\n manufacture, sell, give, or distribute a Schedule I or II controlled\n substance, shall be increased by (i) 200 percent in cases in which the\n defendant has previously been convicted of a violent felony offense punishable\n by a maximum punishment of less than 40 years or (ii) 400 percent in cases in\n which the defendant has previously been convicted of a violent felony offense\n punishable by a maximum term of imprisonment of 40 years or more; and\n\n 4. The midpoint of the initial recommended sentencing range for felony\n offenses not specified in subdivision 1, 2, or 3 shall be increased by 100\n percent in cases in which the defendant has previously been convicted of a\n violent felony offense punishable by a maximum punishment of less than 40\n years and by 300 percent in cases in which the defendant has previously been\n convicted of a violent felony offense punishable by a maximum term of\n imprisonment of 40 years or more.\n\nB. For purposes of this chapter, previous convictions shall include prior adult\nconvictions and juvenile convictions and adjudications of delinquency based on\nan offense which would have been at the time of conviction a felony if committed\nby an adult under the laws of any state, the District of Columbia, or the United\nStates or its territories.\n\nC. For purposes of this chapter, violent felony offenses shall include any\nfelony violation of § 16.1-253.2; solicitation to commit murder under\n§ 18.2-29; any violation of § 18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2,\n18.2-33, or 18.2-35; any violation of subsection B of § 18.2-36.1; any\nviolation of § 18.2-40 or 18.2-41; any violation of clause (c)(i) or (ii)\nof subsection B of § 18.2-46.3; any violation of § 18.2-46.5,\n18.2-46.6, or 18.2-46.7; any Class 5 felony violation of § 18.2-47; any\nfelony violation of § 18.2-48, 18.2-48.1, or 18.2-49; any violation of\n§ 18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-51.6, 18.2-52,\n18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1, 18.2-54.2, or 18.2-55; any violation\nof subsection B of § 18.2-57; any felony violation of § 18.2-57.2; any\nviolation of § 18.2-58 or 18.2-58.1; any felony violation of §\n18.2-60.1, 18.2-60.3, or 18.2-60.4; any violation of § 18.2-61, 18.2-64.1,\n18.2-67.1, 18.2-67.2, former § 18.2-67.2:1, 18.2-67.3, 18.2-67.5, or\n18.2-67.5:1 involving a third conviction of either sexual battery in violation\nof § 18.2-67.4 or attempted sexual battery in violation of subsection C of\n§ 18.2-67.5; any Class 4 felony violation of § 18.2-63; any violation\nof subsection A of § 18.2-67.4:1; any violation of subsection A of §\n18.2-77; any Class 3 felony violation of § 18.2-79; any Class 3 felony\nviolation of § 18.2-80; any violation of § 18.2-85, 18.2-89, 18.2-90,\n18.2-91, 18.2-92, or 18.2-93; any felony violation of § 18.2-152.7; any\nClass 4 felony violation of § 18.2-153; any Class 4 felony violation of\n§ 18.2-154; any Class 4 felony violation of § 18.2-155; any felony\nviolation of § 18.2-162; any violation of § 18.2-279 involving an\noccupied dwelling; any felony violation of subsection A or B of § 18.2-280;\nany violation of § 18.2-281; any felony violation of subsection A of §\n18.2-282; any felony violation of § 18.2-282.1; any violation of §\n18.2-286.1, 18.2-287.2, 18.2-289, or 18.2-290; any violation of subsection A of\n§ 18.2-300; any felony violation of subsection C of § 18.2-308.1 or\n§ 18.2-308.2; any violation of § 18.2-308.2:1 or subsection M or N of\n§ 18.2-308.2:2; any violation of § 18.2-308.3 or 18.2-312; any former\nfelony violation of § 18.2-346; any felony violation of § 18.2-346.01,\n18.2-348, or 18.2-349; any violation of § 18.2-355, 18.2-356, 18.2-357, or\n18.2-357.1; any violation of former § 18.2-358; any violation of subsection\nB of § 18.2-361; any violation of subsection B of § 18.2-366; any\nviolation of § 18.2-368, 18.2-370, or 18.2-370.1; any violation of\nsubsection A of § 18.2-371.1; any felony violation of § 18.2-369\nresulting in serious bodily injury or disease; any violation of §\n18.2-374.1; any felony violation of § 18.2-374.1:1; any felony violation of\n§ 18.2-374.3 or 18.2-374.4; any second or subsequent offense under\n§§ 18.2-379 and 18.2-381; any felony violation of § 18.2-405 or\n18.2-406; any violation of § 18.2-408, 18.2-413, 18.2-414, 18.2-423,\n18.2-423.01, 18.2-423.1, 18.2-423.2, or 18.2-433.2; any felony violation of\n§ 18.2-460, 18.2-474.1, or 18.2-477.1; any violation of § 18.2-477,\n18.2-478, 18.2-480, 18.2-481, or 18.2-485; any violation of § 37.2-917; any\nviolation of § 52-48; any violation of § 53.1-203; any conspiracy or\nattempt to commit any offense specified in this subsection, or any substantially\nsimilar offense under the laws of any state, the District of Columbia, or the\nUnited States or its territories.\n\nHISTORY: 1994, Sp. Sess. II., cc. 1, 2, \u00a7 17-237; 1995, c. 482; 1998, cc. 277,\n872; 1999, c. 349; 2004, cc. 459, 866; 2005, c. 631; 2011, c. 282; 2013, cc.\n424, 647; 2015, cc. 690, 691; 2019, c. 617; 2021, Sp. Sess. I, c. 188; 2025, c.\n261.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}