{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-297.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-297.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-297.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-297.1.html"}],"law_id":56020,"edition_id":1,"section_id":56020,"structure_id":14013,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","history":"1994, cc. 828, 860, 862, 881; 1994, 2nd Sp. Sess., cc. 1, 2; 1995, c. 834; 1996, c. 539.","full_text":"A\n\nAny person convicted of two or more separate acts of violence when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in \u00a7 53.1-151 between each conviction, shall, upon conviction of a third or subsequent act of violence, be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury or judge before whom he is tried, that he has been previously convicted of two or more such acts of violence. For the purposes of this section, “act of violence” means (i) any one of the following violations of Chapter 4 (\u00a7 18.2-30 et seq.) of Title 18.2:\n\t\t\ta. First and second degree murder and voluntary manslaughter under Article 1 (\u00a7 18.2-30 et seq.);\n\t\t\tb. Mob-related felonies under Article 2 (\u00a7 18.2-38 et seq.);\n\t\t\tc. Any kidnapping or abduction felony under Article 3 (\u00a7 18.2-47 et seq.);\n\t\t\td. Any malicious felonious assault or malicious bodily wounding under Article 4 (\u00a7 18.2-51 et seq.);\n\t\t\te. Robbery under \u00a7 18.2-58 and carjacking under \u00a7 18.2-58.1;\n\t\t\tf. Except as otherwise provided in \u00a7 18.2-67.5:2 or \u00a7 18.2-67.5:3, criminal sexual assault punishable as a felony under Article 7 (\u00a7 18.2-61 et seq.); or\n\t\t\tg. Arson in violation of \u00a7 18.2-77 when the structure burned was occupied or a Class 3 felony violation of \u00a7 18.2-79.ii\n\nconspiracy to commit any of the violations enumerated in clause (i) of this section; and (iii) violations as a principal in the second degree or accessory before the fact of the provisions enumerated in clause (i) of this section.B\n\nPrior convictions shall include convictions under the laws of any state or of the United States for any offense substantially similar to those listed under “act of violence” if such offense would be a felony if committed in the Commonwealth.\n\t\t\tThe Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.C\n\nAny person sentenced to life imprisonment pursuant to this section shall not be eligible for parole and shall not be eligible for any good conduct allowance or any earned sentence credits under Chapter 6 (§ 53.1-186 et seq.) of Title 53.1. However, any person subject to the provisions of this section, other than a person who was sentenced under subsection A of § 18.2-67.5:3 for criminal sexual assault convictions specified in subdivision f, (i) who has reached the age of sixty-five or older and who has served at least five years of the sentence imposed or (ii) who has reached the age of sixty or older and who has served at least ten years of the sentence imposed may petition the Parole Board for conditional release. The Parole Board shall promulgate regulations to implement the provisions of this subsection.","order_by":null,"text":{"0":{"id":205326,"text":"Any person convicted of two or more separate acts of violence when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in \u00a7 53.1-151 between each conviction, shall, upon conviction of a third or subsequent act of violence, be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury or judge before whom he is tried, that he has been previously convicted of two or more such acts of violence. For the purposes of this section, “act of violence” means (i) any one of the following violations of Chapter 4 (\u00a7 18.2-30 et seq.) of Title 18.2:\n\t\t\ta. First and second degree murder and voluntary manslaughter under Article 1 (\u00a7 18.2-30 et seq.);\n\t\t\tb. Mob-related felonies under Article 2 (\u00a7 18.2-38 et seq.);\n\t\t\tc. Any kidnapping or abduction felony under Article 3 (\u00a7 18.2-47 et seq.);\n\t\t\td. Any malicious felonious assault or malicious bodily wounding under Article 4 (\u00a7 18.2-51 et seq.);\n\t\t\te. Robbery under \u00a7 18.2-58 and carjacking under \u00a7 18.2-58.1;\n\t\t\tf. Except as otherwise provided in \u00a7 18.2-67.5:2 or \u00a7 18.2-67.5:3, criminal sexual assault punishable as a felony under Article 7 (\u00a7 18.2-61 et seq.); or\n\t\t\tg. Arson in violation of \u00a7 18.2-77 when the structure burned was occupied or a Class 3 felony violation of \u00a7 18.2-79.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"Aii"},"1":{"id":205327,"text":"conspiracy to commit any of the violations enumerated in clause (i) of this section; and (iii) violations as a principal in the second degree or accessory before the fact of the provisions enumerated in clause (i) of this section.","type":"section","prefixes":["A","ii"],"prefix":"ii","entire_prefix":"Aii","prefix_anchor":"Aii","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":205328,"text":"Prior convictions shall include convictions under the laws of any state or of the United States for any offense substantially similar to those listed under “act of violence” if such offense would be a felony if committed in the Commonwealth.\n\t\t\tThe Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"Aii","next_prefix":"C"},"3":{"id":205329,"text":"Any person sentenced to life imprisonment pursuant to this section shall not be eligible for parole and shall not be eligible for any good conduct allowance or any earned sentence credits under Chapter 6 (§ 53.1-186 et seq.) of Title 53.1. However, any person subject to the provisions of this section, other than a person who was sentenced under subsection A of § 18.2-67.5:3 for criminal sexual assault convictions specified in subdivision f, (i) who has reached the age of sixty-five or older and who has served at least five years of the sentence imposed or (ii) who has reached the age of sixty or older and who has served at least ten years of the sentence imposed may petition the Parole Board for conditional release. The Parole Board shall promulgate regulations to implement the provisions of this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14013,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169443,"object_type":"structure","relational_id":14013,"identifier":"1","token":"19.2\/18\/1","url":"\/19.2\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14012,"edition_id":1,"name":"Sentence; Judgment; Execution of Sentence","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169441,"object_type":"structure","relational_id":14012,"identifier":"18","token":"19.2\/18","url":"\/19.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58209,"structure_id":14013,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","url":"\/19.2-295\/","token":"19.2\/18\/1\/19.2-295","metadata":false},{"id":67916,"structure_id":14013,"section_number":"19.2-295.1","catch_line":"Sentencing proceeding by the jury after conviction","url":"\/19.2-295.1\/","token":"19.2\/18\/1\/19.2-295.1","metadata":false},{"id":60349,"structure_id":14013,"section_number":"19.2-295.2","catch_line":"Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000","url":"\/19.2-295.2\/","token":"19.2\/18\/1\/19.2-295.2","metadata":false},{"id":86676,"structure_id":14013,"section_number":"19.2-295.2:1","catch_line":"Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006","url":"\/19.2-295.2_1\/","token":"19.2\/18\/1\/19.2-295.2_1","metadata":false},{"id":65204,"structure_id":14013,"section_number":"19.2-295.3","catch_line":"Admission of victim impact testimony","url":"\/19.2-295.3\/","token":"19.2\/18\/1\/19.2-295.3","metadata":false},{"id":85451,"structure_id":14013,"section_number":"19.2-296","catch_line":"Withdrawal of plea of guilty","url":"\/19.2-296\/","token":"19.2\/18\/1\/19.2-296","metadata":false},{"id":78707,"structure_id":14013,"section_number":"19.2-297","catch_line":"Repealed","url":"\/19.2-297\/","token":"19.2\/18\/1\/19.2-297","metadata":false},{"id":56020,"structure_id":14013,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","url":"\/19.2-297.1\/","token":"19.2\/18\/1\/19.2-297.1","metadata":false},{"id":74004,"structure_id":14013,"section_number":"19.2-298","catch_line":"Pronouncement of sentence","url":"\/19.2-298\/","token":"19.2\/18\/1\/19.2-298","metadata":false},{"id":64383,"structure_id":14013,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","url":"\/19.2-298.01\/","token":"19.2\/18\/1\/19.2-298.01","metadata":false},{"id":82939,"structure_id":14013,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","url":"\/19.2-298.02\/","token":"19.2\/18\/1\/19.2-298.02","metadata":false},{"id":72885,"structure_id":14013,"section_number":"19.2-298.1","catch_line":"Repealed","url":"\/19.2-298.1\/","token":"19.2\/18\/1\/19.2-298.1","metadata":false},{"id":75041,"structure_id":14013,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","url":"\/19.2-299\/","token":"19.2\/18\/1\/19.2-299","metadata":false},{"id":67741,"structure_id":14013,"section_number":"19.2-299.1","catch_line":"When Victim Impact Statement required; contents; uses","url":"\/19.2-299.1\/","token":"19.2\/18\/1\/19.2-299.1","metadata":false},{"id":71480,"structure_id":14013,"section_number":"19.2-299.2","catch_line":"Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions","url":"\/19.2-299.2\/","token":"19.2\/18\/1\/19.2-299.2","metadata":false},{"id":56093,"structure_id":14013,"section_number":"19.2-299.3","catch_line":"Report of arrest and conviction of school employees by probation and parole officers for certain offenses","url":"\/19.2-299.3\/","token":"19.2\/18\/1\/19.2-299.3","metadata":false},{"id":64531,"structure_id":14013,"section_number":"19.2-300","catch_line":"Deferring for mental examination sentence of person convicted of offense indicating sexual abnormality","url":"\/19.2-300\/","token":"19.2\/18\/1\/19.2-300","metadata":false},{"id":65087,"structure_id":14013,"section_number":"19.2-301","catch_line":"Judge shall require examination under \u00a7 19.2-300; by whom made; report; expenses of psychiatrist","url":"\/19.2-301\/","token":"19.2\/18\/1\/19.2-301","metadata":false},{"id":59002,"structure_id":14013,"section_number":"19.2-302","catch_line":"Construction and administration of \u00a7\u00a7 19.2-300 and 19.2-301","url":"\/19.2-302\/","token":"19.2\/18\/1\/19.2-302","metadata":false},{"id":63915,"structure_id":14013,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","url":"\/19.2-303\/","token":"19.2\/18\/1\/19.2-303","metadata":false},{"id":64740,"structure_id":14013,"section_number":"19.2-303.01","catch_line":"Reduction of sentence; substantial assistance to prosecution","url":"\/19.2-303.01\/","token":"19.2\/18\/1\/19.2-303.01","metadata":false},{"id":74000,"structure_id":14013,"section_number":"19.2-303.02","catch_line":"Modification of conditions of suspended sentence or probation to require fingerprinting","url":"\/19.2-303.02\/","token":"19.2\/18\/1\/19.2-303.02","metadata":false},{"id":74432,"structure_id":14013,"section_number":"19.2-303.1","catch_line":"Fixing period of suspension of sentence","url":"\/19.2-303.1\/","token":"19.2\/18\/1\/19.2-303.1","metadata":false},{"id":55101,"structure_id":14013,"section_number":"19.2-303.2","catch_line":"Persons charged with first offense may be placed on probation","url":"\/19.2-303.2\/","token":"19.2\/18\/1\/19.2-303.2","metadata":false},{"id":70874,"structure_id":14013,"section_number":"19.2-303.3","catch_line":"Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services","url":"\/19.2-303.3\/","token":"19.2\/18\/1\/19.2-303.3","metadata":false},{"id":63262,"structure_id":14013,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","url":"\/19.2-303.4\/","token":"19.2\/18\/1\/19.2-303.4","metadata":false},{"id":84397,"structure_id":14013,"section_number":"19.2-303.5","catch_line":"Expired","url":"\/19.2-303.5\/","token":"19.2\/18\/1\/19.2-303.5","metadata":false},{"id":73653,"structure_id":14013,"section_number":"19.2-303.6","catch_line":"Deferred disposition in a criminal case; persons with autism or intellectual disabilities","url":"\/19.2-303.6\/","token":"19.2\/18\/1\/19.2-303.6","metadata":false},{"id":71283,"structure_id":14013,"section_number":"19.2-304","catch_line":"Increasing or decreasing probation period and modification of conditions","url":"\/19.2-304\/","token":"19.2\/18\/1\/19.2-304","metadata":false},{"id":75628,"structure_id":14013,"section_number":"19.2-305","catch_line":"Requiring fines, costs, restitution for damages, support, or community services from probationer","url":"\/19.2-305\/","token":"19.2\/18\/1\/19.2-305","metadata":false},{"id":82621,"structure_id":14013,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","url":"\/19.2-305.1\/","token":"19.2\/18\/1\/19.2-305.1","metadata":false},{"id":59341,"structure_id":14013,"section_number":"19.2-305.2","catch_line":"Amount of restitution; enforcement","url":"\/19.2-305.2\/","token":"19.2\/18\/1\/19.2-305.2","metadata":false},{"id":64153,"structure_id":14013,"section_number":"19.2-305.3","catch_line":"Repealed","url":"\/19.2-305.3\/","token":"19.2\/18\/1\/19.2-305.3","metadata":false},{"id":85689,"structure_id":14013,"section_number":"19.2-305.4","catch_line":"When interest to be paid on award of restitution","url":"\/19.2-305.4\/","token":"19.2\/18\/1\/19.2-305.4","metadata":false},{"id":66441,"structure_id":14013,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","url":"\/19.2-306\/","token":"19.2\/18\/1\/19.2-306","metadata":false},{"id":85808,"structure_id":14013,"section_number":"19.2-306.1","catch_line":"Limitation on sentence upon revocation of suspension of sentence; exceptions","url":"\/19.2-306.1\/","token":"19.2\/18\/1\/19.2-306.1","metadata":false},{"id":85846,"structure_id":14013,"section_number":"19.2-306.2","catch_line":"Use of sentencing revocation report and discretionary sentencing guidelines in cases of revocation of suspension of sentence and probation","url":"\/19.2-306.2\/","token":"19.2\/18\/1\/19.2-306.2","metadata":false},{"id":56424,"structure_id":14013,"section_number":"19.2-307","catch_line":"Contents of judgment order","url":"\/19.2-307\/","token":"19.2\/18\/1\/19.2-307","metadata":false},{"id":78445,"structure_id":14013,"section_number":"19.2-308","catch_line":"When two or more sentences run concurrently","url":"\/19.2-308\/","token":"19.2\/18\/1\/19.2-308","metadata":false},{"id":79069,"structure_id":14013,"section_number":"19.2-308.1","catch_line":"When sentence may run concurrently with sentence in another jurisdiction","url":"\/19.2-308.1\/","token":"19.2\/18\/1\/19.2-308.1","metadata":false},{"id":86121,"structure_id":14013,"section_number":"19.2-309","catch_line":"Sentence of confinement for conviction of a combination of felony and misdemeanor offenses","url":"\/19.2-309\/","token":"19.2\/18\/1\/19.2-309","metadata":false},{"id":63077,"structure_id":14013,"section_number":"19.2-309.1","catch_line":"Sentence of confinement to jail farms maintained by the Cities of Danville, Martinsville and Newport News","url":"\/19.2-309.1\/","token":"19.2\/18\/1\/19.2-309.1","metadata":false},{"id":63650,"structure_id":14013,"section_number":"19.2-310","catch_line":"Transfer of prisoners to custody of Director of Department of Corrections","url":"\/19.2-310\/","token":"19.2\/18\/1\/19.2-310","metadata":false},{"id":65167,"structure_id":14013,"section_number":"19.2-310.01","catch_line":"Transmission of sentencing documents","url":"\/19.2-310.01\/","token":"19.2\/18\/1\/19.2-310.01","metadata":false},{"id":80141,"structure_id":14013,"section_number":"19.2-310.1","catch_line":"Repealed","url":"\/19.2-310.1\/","token":"19.2\/18\/1\/19.2-310.1","metadata":false}],"previous_section":{"id":78707,"structure_id":14013,"section_number":"19.2-297","catch_line":"Repealed","url":"\/19.2-297\/","token":"19.2\/18\/1\/19.2-297","metadata":false},"next_section":{"id":74004,"structure_id":14013,"section_number":"19.2-298","catch_line":"Pronouncement of sentence","url":"\/19.2-298\/","token":"19.2\/18\/1\/19.2-298","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-297.1\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapters 828<\/a>, 860<\/a>, 862<\/a>, and 881<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 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 834<\/a>; in 1996, chapter 539<\/a>.<\/p>","references":[{"id":63770,"section_number":"16.1-309.1","catch_line":"Exception as to confidentiality","order_by":null,"url":"\/16.1-309.1\/"},{"id":82793,"section_number":"17.1-213","catch_line":"Disposition of papers in ended cases","order_by":null,"url":"\/17.1-213\/"},{"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":62588,"section_number":"18.2-38","catch_line":"\"Mob\" defined","order_by":null,"url":"\/18.2-38\/"},{"id":82923,"section_number":"18.2-42.1","catch_line":"Acts of violence by mob","order_by":null,"url":"\/18.2-42.1\/"},{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"},{"id":65851,"section_number":"18.2-46.4","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.4\/"},{"id":59318,"section_number":"18.2-57.3","catch_line":"Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge","order_by":null,"url":"\/18.2-57.3\/"},{"id":57923,"section_number":"19.2-120","catch_line":"Admission to bail","order_by":null,"url":"\/19.2-120\/"},{"id":76391,"section_number":"19.2-121","catch_line":"Fixing terms of bail","order_by":null,"url":"\/19.2-121\/"},{"id":83461,"section_number":"19.2-152.10","catch_line":"Protective order","order_by":null,"url":"\/19.2-152.10\/"},{"id":64740,"section_number":"19.2-303.01","catch_line":"Reduction of sentence; substantial assistance to prosecution","order_by":null,"url":"\/19.2-303.01\/"},{"id":70874,"section_number":"19.2-303.3","catch_line":"Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services","order_by":null,"url":"\/19.2-303.3\/"},{"id":73653,"section_number":"19.2-303.6","catch_line":"Deferred disposition in a criminal case; persons with autism or intellectual disabilities","order_by":null,"url":"\/19.2-303.6\/"},{"id":84666,"section_number":"19.2-310.2:1","catch_line":"Saliva or tissue sample required for DNA analysis after arrest for a violent felony","order_by":null,"url":"\/19.2-310.2_1\/"},{"id":76761,"section_number":"19.2-316.4","catch_line":"Eligibility for participation in community corrections alternative program; evaluation; sentencing; withdrawal or removal from program; payment of costs","order_by":null,"url":"\/19.2-316.4\/"},{"id":79572,"section_number":"19.2-319","catch_line":"When execution of sentence to be suspended; bail; appeal from denial","order_by":null,"url":"\/19.2-319\/"},{"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":68650,"section_number":"2.2-2001.1","catch_line":"Program for mental health and rehabilitative services","order_by":null,"url":"\/2.2-2001.1\/"},{"id":56943,"section_number":"53.1-116.2:1","catch_line":"Jail superintendents to report certain acts of violence occurring within regional correctional facilities to law-enforcement agency; policies","order_by":null,"url":"\/53.1-116.2_1\/"},{"id":67418,"section_number":"53.1-128","catch_line":"Workforces and authorized work places","order_by":null,"url":"\/53.1-128\/"},{"id":76097,"section_number":"53.1-131.1","catch_line":"Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty","order_by":null,"url":"\/53.1-131.1\/"},{"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\/"},{"id":55140,"section_number":"9.1-173","catch_line":"Purpose","order_by":null,"url":"\/9.1-173\/"}],"refers_to":[{"id":77418,"section_number":"18.2-30","catch_line":"Murder and manslaughter declared felonies","order_by":null,"url":"\/18.2-30\/"},{"id":62588,"section_number":"18.2-38","catch_line":"\"Mob\" defined","order_by":null,"url":"\/18.2-38\/"},{"id":60862,"section_number":"18.2-47","catch_line":"Abduction and kidnapping defined; forced labor; punishment","order_by":null,"url":"\/18.2-47\/"},{"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":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":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":54441,"section_number":"18.2-67.5:2","catch_line":"Punishment upon conviction of certain subsequent felony sexual assault","order_by":null,"url":"\/18.2-67.5_2\/"},{"id":68571,"section_number":"18.2-67.5:3","catch_line":"Punishment upon conviction of certain subsequent violent felony sexual assault","order_by":null,"url":"\/18.2-67.5_3\/"},{"id":62707,"section_number":"18.2-77","catch_line":"Burning or destroying dwelling house, etc","order_by":null,"url":"\/18.2-77\/"},{"id":81762,"section_number":"53.1-151","catch_line":"Eligibility for parole","order_by":null,"url":"\/53.1-151\/"},{"id":61861,"section_number":"53.1-186","catch_line":"Term commences from date of final judgment; exceptions","order_by":null,"url":"\/53.1-186\/"}],"permalink":{"id":169473,"object_type":"law","relational_id":56020,"identifier":"19.2-297.1","token":"19.2\/18\/1\/19.2-297.1","url":"\/19.2-297.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-297.1\/","token":"19.2\/18\/1\/19.2-297.1","dublin_core":{"Title":"Sentence of person twice previously convicted of certain violent felonies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-297.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person convicted of two or more separate acts of violence when such offenses<\/span> were not part of a common act, transaction or scheme, and who has been at liberty as defined in \u00a7 53.1-151<\/a> between each conviction<\/span>, shall, upon conviction<\/span> of a third or subsequent act of violence<\/span>, be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury<\/span> or judge<\/span> before whom he is tried, that he has been previously convicted of two or more such acts of violence. For the purposes of this section, “act of violence<\/span>” means (i) any one of the following violations of Chapter 4 (\u00a7 18.2-30<\/a> et seq.) of Title 18.2:\n\t\t\ta. First and second degree murder<\/span> and voluntary manslaughter<\/span> under Article 1 (\u00a7 18.2-30<\/a> et seq.);\n\t\t\tb. Mob-related felonies under Article 2 (\u00a7 18.2-38<\/a> et seq.);\n\t\t\tc. Any kidnapping or abduction felony<\/span> under Article 3 (\u00a7 18.2-47<\/a> et seq.);\n\t\t\td. Any malicious<\/span> felonious assault<\/span> or malicious<\/span> bodily wounding under Article 4 (\u00a7 18.2-51<\/a> et seq.);\n\t\t\te. Robbery<\/span> under \u00a7 18.2-58<\/a> and carjacking under \u00a7 18.2-58.1<\/a>;\n\t\t\tf. Except as otherwise provided in \u00a7 18.2-67.5:2<\/a> or \u00a7 18.2-67.5:3<\/a>, criminal sexual assault<\/span> punishable as a felony<\/span> under Article 7 (\u00a7 18.2-61<\/a> et seq.); or\n\t\t\tg. Arson<\/span> in violation of \u00a7 18.2-77<\/a> when the structure burned was occupied or a Class 3 felony<\/span> violation of \u00a7 18.2-79<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

ii.<\/span> conspiracy to commit any of the violations enumerated in clause (i) of this section; and (iii) violations as a principal in the second degree or accessory before the fact<\/span> of the provisions enumerated in clause (i) of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior convictions<\/span> shall include convictions<\/span> under the laws<\/span> of any state or of the United States for any offense<\/span> substantially similar to those listed under “act of violence<\/span>” if such offense<\/span> would be a felony<\/span> if committed in the Commonwealth.\n\t\t\tThe Commonwealth shall notify the defendant<\/span> in writing, at least thirty days prior to trial<\/span>, of its intention to seek punishment pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person sentenced to life imprisonment pursuant to this section shall not be eligible for parole<\/span> and shall not be eligible for any good conduct allowance or any earned sentence credits under Chapter 6 (§ 53.1-186<\/a> et seq.) of Title 53.1. However, any person subject to the provisions of this section, other than a person who was sentenced under subsection A of § 18.2-67.5:3<\/a> for criminal sexual assault<\/span> convictions<\/span> specified in subdivision f, (i) who has reached the age of sixty-five or older and who has served at least five years of the sentence imposed or (ii) who has reached the age of sixty or older and who has served at least ten years of the sentence imposed may petition<\/span> the Parole<\/span> Board for conditional release. The Parole<\/span> Board shall promulgate regulations to implement the provisions of this subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSENTENCE OF PERSON TWICE PREVIOUSLY CONVICTED OF CERTAIN VIOLENT FELONIES (\u00a7\n19.2-297.1)\n\nA. Any person convicted of two or more separate acts of violence when such\noffenses were not part of a common act, transaction or scheme, and who has been\nat liberty as defined in \u00a7 53.1-151 between each conviction, shall, upon\nconviction of a third or subsequent act of violence, be sentenced to life\nimprisonment and shall not have all or any portion of the sentence suspended,\nprovided it is admitted, or found by the jury or judge before whom he is tried,\nthat he has been previously convicted of two or more such acts of violence. For\nthe purposes of this section, “act of violence” means (i) any one of\nthe following violations of Chapter 4 (\u00a7 18.2-30 et seq.) of Title 18.2:\n\t\t\ta. First and second degree murder and voluntary manslaughter under Article 1\n(\u00a7 18.2-30 et seq.);\n\t\t\tb. Mob-related felonies under Article 2 (\u00a7 18.2-38 et seq.);\n\t\t\tc. Any kidnapping or abduction felony under Article 3 (\u00a7 18.2-47 et seq.);\n\t\t\td. Any malicious felonious assault or malicious bodily wounding under Article\n4 (\u00a7 18.2-51 et seq.);\n\t\t\te. Robbery under \u00a7 18.2-58 and carjacking under \u00a7 18.2-58.1;\n\t\t\tf. Except as otherwise provided in \u00a7 18.2-67.5:2 or \u00a7 18.2-67.5:3, criminal\nsexual assault punishable as a felony under Article 7 (\u00a7 18.2-61 et seq.); or\n\t\t\tg. Arson in violation of \u00a7 18.2-77 when the structure burned was occupied or\na Class 3 felony violation of \u00a7 18.2-79.\n\n ii. conspiracy to commit any of the violations enumerated in clause (i) of\n this section; and (iii) violations as a principal in the second degree or\n accessory before the fact of the provisions enumerated in clause (i) of this\n section.\n\nB. Prior convictions shall include convictions under the laws of any state or of\nthe United States for any offense substantially similar to those listed under\n“act of violence” if such offense would be a felony if committed in\nthe Commonwealth.\n\t\t\tThe Commonwealth shall notify the defendant in writing, at least thirty days\nprior to trial, of its intention to seek punishment pursuant to this section.\n\nC. Any person sentenced to life imprisonment pursuant to this section shall not\nbe eligible for parole and shall not be eligible for any good conduct allowance\nor any earned sentence credits under Chapter 6 (§ 53.1-186 et seq.) of\nTitle 53.1. However, any person subject to the provisions of this section, other\nthan a person who was sentenced under subsection A of § 18.2-67.5:3 for\ncriminal sexual assault convictions specified in subdivision f, (i) who has\nreached the age of sixty-five or older and who has served at least five years of\nthe sentence imposed or (ii) who has reached the age of sixty or older and who\nhas served at least ten years of the sentence imposed may petition the Parole\nBoard for conditional release. The Parole Board shall promulgate regulations to\nimplement the provisions of this subsection.\n\nHISTORY: 1994, cc. 828, 860, 862, 881; 1994, 2nd Sp. Sess., cc. 1, 2; 1995, c.\n834; 1996, c. 539.","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}}