                                 CODE OF VIRGINIA

ADOPTION OF INITIAL DISCRETIONARY SENTENCING GUIDELINE MIDPOINTS (§ 17.1-805)

A. 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:

   1. The midpoint of the initial recommended sentencing range for first degree
   murder, second degree murder, rape in violation of &#xA7; 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. 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;

   3. 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

   4. 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.

B. 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.

C. For purposes of this chapter, violent felony offenses shall include any
felony violation of &#xA7; 16.1-253.2; solicitation to commit murder under
&#xA7; 18.2-29; any violation of &#xA7; 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 &#xA7; 18.2-36.1; any
violation of &#xA7; 18.2-40 or 18.2-41; any violation of clause (c)(i) or (ii)
of subsection B of &#xA7; 18.2-46.3; any violation of &#xA7; 18.2-46.5,
18.2-46.6, or 18.2-46.7; any Class 5 felony violation of &#xA7; 18.2-47; any
felony violation of &#xA7; 18.2-48, 18.2-48.1, or 18.2-49; any violation of
&#xA7; 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 &#xA7; 18.2-57; any felony violation of &#xA7; 18.2-57.2; any
violation of &#xA7; 18.2-58 or 18.2-58.1; any felony violation of &#xA7;
18.2-60.1, 18.2-60.3, or 18.2-60.4; any violation of &#xA7; 18.2-61, 18.2-64.1,
18.2-67.1, 18.2-67.2, former &#xA7; 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 &#xA7; 18.2-67.4 or attempted sexual battery in violation of subsection C of
&#xA7; 18.2-67.5; any Class 4 felony violation of &#xA7; 18.2-63; any violation
of subsection A of &#xA7; 18.2-67.4:1; any violation of subsection A of &#xA7;
18.2-77; any Class 3 felony violation of &#xA7; 18.2-79; any Class 3 felony
violation of &#xA7; 18.2-80; any violation of &#xA7; 18.2-85, 18.2-89, 18.2-90,
18.2-91, 18.2-92, or 18.2-93; any felony violation of &#xA7; 18.2-152.7; any
Class 4 felony violation of &#xA7; 18.2-153; any Class 4 felony violation of
&#xA7; 18.2-154; any Class 4 felony violation of &#xA7; 18.2-155; any felony
violation of &#xA7; 18.2-162; any violation of &#xA7; 18.2-279 involving an
occupied dwelling; any felony violation of subsection A or B of &#xA7; 18.2-280;
any violation of &#xA7; 18.2-281; any felony violation of subsection A of &#xA7;
18.2-282; any felony violation of &#xA7; 18.2-282.1; any violation of &#xA7;
18.2-286.1, 18.2-287.2, 18.2-289, or 18.2-290; any violation of subsection A of
&#xA7; 18.2-300; any felony violation of subsection C of &#xA7; 18.2-308.1 or
&#xA7; 18.2-308.2; any violation of &#xA7; 18.2-308.2:1 or subsection M or N of
&#xA7; 18.2-308.2:2; any violation of &#xA7; 18.2-308.3 or 18.2-312; any former
felony violation of &#xA7; 18.2-346; any felony violation of &#xA7; 18.2-346.01,
18.2-348, or 18.2-349; any violation of &#xA7; 18.2-355, 18.2-356, 18.2-357, or
18.2-357.1; any violation of former &#xA7; 18.2-358; any violation of subsection
B of &#xA7; 18.2-361; any violation of subsection B of &#xA7; 18.2-366; any
violation of &#xA7; 18.2-368, 18.2-370, or 18.2-370.1; any violation of
subsection A of &#xA7; 18.2-371.1; any felony violation of &#xA7; 18.2-369
resulting in serious bodily injury or disease; any violation of &#xA7;
18.2-374.1; any felony violation of &#xA7; 18.2-374.1:1; any felony violation of
&#xA7; 18.2-374.3 or 18.2-374.4; any second or subsequent offense under
&#xA7;&#xA7; 18.2-379 and 18.2-381; any felony violation of &#xA7; 18.2-405 or
18.2-406; any violation of &#xA7; 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
&#xA7; 18.2-460, 18.2-474.1, or 18.2-477.1; any violation of &#xA7; 18.2-477,
18.2-478, 18.2-480, 18.2-481, or 18.2-485; any violation of &#xA7; 37.2-917; any
violation of &#xA7; 52-48; any violation of &#xA7; 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.

HISTORY: 1994, Sp. Sess. II., cc. 1, 2, § 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.