78218817.1-805Virginia Decodedhttps://vacode.org2016Courts Of RecordVirginia Criminal Sentencing CommissionAdoption of initial discretionary sentencing guideline midpoints1994, 2nd Sp. Sess., 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.Rawls v. Com.052128634 S.E.2d 6972006-09-15https://www.courtlistener.com/opinion/1058779/rawls-v-com/ . . . defined in [Code] § 17.1-805" to one "as defined in [Code] § 17.1-805" changed the . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Turner v. Com.0938011568 S.E.2d 4682002-08-27https://www.courtlistener.com/opinion/1064521/turner-v-com/ . . . reference with language like Code § 17.1-805(C). Compare Code § 17.1-805(C) ("For purposes of this . . . <abbr title="Court of Appeals">COA</abbr>Carter v. Com.0891011562 S.E.2d 3312002-04-16https://www.courtlistener.com/opinion/1064681/carter-v-com/ . . . "violent felony" pursuant to Code § 17.1-805. Attendant records, also in evidence, established… . . . <abbr title="Court of Appeals">COA</abbr>Preston v. Com.100596704 S.E.2d 1272011-01-13https://www.courtlistener.com/opinion/1058095/preston-v-com/ . . . convicted of a violent felony as defined in [Code] § 17.1-805 shall be sentenced to a mandatory . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Mouberry v. Com.2997012575 S.E.2d 5672003-01-21https://www.courtlistener.com/opinion/1064373/mouberry-v-com/ . . . convicted of a violent felony as defined in § 17.1-805 shall not be eligible for probation, and . . . <abbr title="Court of Appeals">COA</abbr>Garcia v. Com.0736024578 S.E.2d 972003-03-25https://www.courtlistener.com/opinion/1064308/garcia-v-com/ . . . violent felony offense listed in subsection C of § 17.1-805, he shall be guilty of a Class 5 . . . <abbr title="Court of Appeals">COA</abbr>Conkling v. Com.1917041612 S.E.2d 2352005-05-03https://www.courtlistener.com/opinion/1063525/conkling-v-com/ . . . ." (Emphasis added). Additionally, Code § 17.1-805, governing the adoption of initial discretionary . . . <abbr title="Court of Appeals">COA</abbr>Thomas v. Com.0706011561 S.E.2d 562002-03-26https://www.courtlistener.com/opinion/1064728/thomas-v-com/ . . . "violent felony" pursuant to Code § 17.1-805,[1] and the trial court sentenced him to the &… . . . <abbr title="Court of Appeals">COA</abbr>Washington v. Com.061042643 S.E.2d 4852007-04-20https://www.courtlistener.com/opinion/1058660/washington-v-com/ . . . violent felony offense listed in subsection C of § 17.1-805, he shall be guilty of a Class 5 . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Kevin Lamont Martin v. Commonwealth of Virginia07191412015-04-28https://www.courtlistener.com/opinion/2796847/kevin-lamont-martin-v-commonwealth-of-virginia/ . . . as a “violent felony” . . . <abbr title="Court of Appeals">COA</abbr>Rawls v. Com.052128634 S.E.2d 6972006-09-15https://www.courtlistener.com/opinion/1058779/rawls-v-com/ . . . defined in [Code] § 17.1-805" to one "as defined in [Code] § 17.1-805" changed the . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Turner v. Com.0938011568 S.E.2d 4682002-08-27https://www.courtlistener.com/opinion/1064521/turner-v-com/ . . . reference with language like Code § 17.1-805(C). Compare Code § 17.1-805(C) ("For purposes of this . . . <abbr title="Court of Appeals">COA</abbr>Carter v. Com.0891011562 S.E.2d 3312002-04-16https://www.courtlistener.com/opinion/1064681/carter-v-com/ . . . "violent felony" pursuant to Code § 17.1-805. Attendant records, also in evidence, established… . . . <abbr title="Court of Appeals">COA</abbr>Preston v. Com.100596704 S.E.2d 1272011-01-13https://www.courtlistener.com/opinion/1058095/preston-v-com/ . . . convicted of a violent felony as defined in [Code] § 17.1-805 shall be sentenced to a mandatory . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Mouberry v. Com.2997012575 S.E.2d 5672003-01-21https://www.courtlistener.com/opinion/1064373/mouberry-v-com/ . . . convicted of a violent felony as defined in § 17.1-805 shall not be eligible for probation, and . . . <abbr title="Court of Appeals">COA</abbr>Garcia v. Com.0736024578 S.E.2d 972003-03-25https://www.courtlistener.com/opinion/1064308/garcia-v-com/ . . . violent felony offense listed in subsection C of § 17.1-805, he shall be guilty of a Class 5 . . . <abbr title="Court of Appeals">COA</abbr>Conkling v. Com.1917041612 S.E.2d 2352005-05-03https://www.courtlistener.com/opinion/1063525/conkling-v-com/ . . . ." (Emphasis added). Additionally, Code § 17.1-805, governing the adoption of initial discretionary . . . <abbr title="Court of Appeals">COA</abbr>Thomas v. Com.0706011561 S.E.2d 562002-03-26https://www.courtlistener.com/opinion/1064728/thomas-v-com/ . . . "violent felony" pursuant to Code § 17.1-805,[1] and the trial court sentenced him to the &… . . . <abbr title="Court of Appeals">COA</abbr>Washington v. Com.061042643 S.E.2d 4852007-04-20https://www.courtlistener.com/opinion/1058660/washington-v-com/ . . . violent felony offense listed in subsection C of § 17.1-805, he shall be guilty of a Class 5 . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Kevin Lamont Martin v. Commonwealth of Virginia07191412015-04-28https://www.courtlistener.com/opinion/2796847/kevin-lamont-martin-v-commonwealth-of-virginia/ . . . as a “violent felony” . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/17.1-805/16.1-253.2Violation of provisions of protective orders; penalty/16.1-253.2/18.2-152.7Personal trespass by computer; penalty/18.2-152.7/18.2-153Obstructing or injuring canal, railroad, power line, etc/18.2-153/18.2-154Shooting at or throwing missiles, etc., at train, car, vessel, etc.; penalty/18.2-154/18.2-155Injuring, etc., signal used by railroad/18.2-155/18.2-162Damage or trespass to public services or utilities/18.2-162/18.2-279Discharging firearms or missiles within or at building or dwelling house; penalty/18.2-279/18.2-280Willfully discharging firearms in public places/18.2-280/18.2-281Setting spring gun or other deadly weapon/18.2-281/18.2-282Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty/18.2-282/18.2-282.1Brandishing a machete or other bladed weapon with intent to intimidate; penalty/18.2-282.1/18.2-286.1Shooting from vehicles so as to endanger persons; penalty/18.2-286.1/18.2-287.2Wearing of body armor while committing a crime; penalty/18.2-287.2/18.2-289Use of machine gun for crime of violence/18.2-289/18.2-29Criminal solicitation; penalty/18.2-29/18.2-290Use of machine gun for aggressive purpose/18.2-290/18.2-300Possession or use of "sawed-off" shotgun or rifle/18.2-300/18.2-308.1Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty/18.2-308.1/18.2-308.2Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued/18.2-308.2/18.2-308.2:1Prohibiting the selling, etc., of firearms to certain persons/18.2-308.2:1/18.2-308.2:2Criminal history record information check required for the transfer of certain firearms/18.2-308.2:2/18.2-308.3Use or attempted use of restricted ammunition in commission or attempted commission of crimes prohibited; penalty/18.2-308.3/18.2-31Capital murder defined; punishment/18.2-31/18.2-312Illegal use of tear gas, phosgene and other gases/18.2-312/18.2-32First and second degree murder defined; punishment/18.2-32/18.2-32.1Murder of a pregnant woman; penalty/18.2-32.1/18.2-32.2Killing a fetus; penalty/18.2-32.2/18.2-33Felony homicide defined; punishment/18.2-33/18.2-35How voluntary manslaughter punished/18.2-35/18.2-355Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking/18.2-355/18.2-357.1Commercial sex trafficking; penalties/18.2-357.1/18.2-358Repealed/18.2-358/18.2-36.1Certain conduct punishable as involuntary manslaughter/18.2-36.1/18.2-361Crimes against nature; penalty/18.2-361/18.2-366Adultery and fornication by persons forbidden to marry; incest/18.2-366/18.2-368Placing or leaving wife for prostitution; penalty/18.2-368/18.2-369Abuse and neglect of incapacitated adults; penalty/18.2-369/18.2-370Taking indecent liberties with children; penalties/18.2-370/18.2-370.1Taking indecent liberties with child by person in custodial or supervisory relationship; penalties/18.2-370.1/18.2-371.1Abuse and neglect of children; penalty; abandoned infant/18.2-371.1/18.2-374.1Production, publication, sale, financing, etc., of child pornography; presumption as to age/18.2-374.1/18.2-374.1:1Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty/18.2-374.1:1/18.2-374.3Use of communications systems to facilitate certain offenses involving children/18.2-374.3/18.2-374.4Display of child pornography or grooming video or materials to a child unlawful; penalty/18.2-374.4/18.2-379Employing or permitting minor to assist in offense under article/18.2-379/18.2-381Punishment for subsequent offenses; additional penalty for owner/18.2-381/18.2-40Lynching deemed murder/18.2-40/18.2-405What constitutes a riot; punishment/18.2-405/18.2-406What constitutes an unlawful assembly; punishment/18.2-406/18.2-408Conspiracy; incitement, etc., to riot/18.2-408/18.2-41Shooting, stabbing, etc., with intent to maim, kill, etc., by mob/18.2-41/18.2-413Commission of certain offenses in county, city or town declared by Governor to be in state of riot or insurrection/18.2-413/18.2-414Injury to property or persons by persons unlawfully or riotously assembled/18.2-414/18.2-423Burning cross on property of another or public place with intent to intimidate; penalty; prima facie evidence of intent/18.2-423/18.2-423.01Burning object on property of another or a highway or other public place with intent to intimidate; penalty/18.2-423.01/18.2-423.1Placing swastika on certain property with intent to intimidate; penalty; prima facie evidence of intent/18.2-423.1/18.2-423.2Displaying noose on property of another or a highway or other public place with intent to intimidate; penalty/18.2-423.2/18.2-433.2Paramilitary activity prohibited/18.2-433.2/18.2-46.3Recruitment of persons for criminal street gang; penalty/18.2-46.3/18.2-46.5Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty/18.2-46.5/18.2-46.6Possession, manufacture, distribution, etc. of weapon of terrorism or hoax device prohibited; penalty/18.2-46.6/18.2-46.7Act of bioterrorism against agricultural crops or animals; penalty/18.2-46.7/18.2-460Obstructing justice; penalty/18.2-460/18.2-47Abduction and kidnapping defined; punishment/18.2-47/18.2-474.1Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons/18.2-474.1/18.2-477Prisoner escaping from jail; how punished/18.2-477/18.2-477.1Escapes from juvenile facility; penalty/18.2-477.1/18.2-478Escape from jail or custody by force or violence without setting fire to jail/18.2-478/18.2-48Abduction with intent to extort money or for immoral purpose/18.2-48/18.2-48.1Abduction by prisoners or committed persons; penalty/18.2-48.1/18.2-480Escape, etc., by setting fire to jail/18.2-480/18.2-481Treason defined; how proved and punished/18.2-481/18.2-485Conspiring to incite one race to insurrection against another race/18.2-485/18.2-49Threatening, attempting or assisting in such abduction/18.2-49/18.2-51Shooting, stabbing, etc., with intent to maim, kill, etc/18.2-51/18.2-51.1Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical services personnel; penalty; lesser-included offense/18.2-51.1/18.2-51.2Aggravated malicious wounding; penalty/18.2-51.2/18.2-51.3Prohibition against reckless endangerment of others by throwing objects from places higher than one story; penalty/18.2-51.3/18.2-51.4Maiming, etc., of another resulting from driving while intoxicated/18.2-51.4/18.2-51.6Strangulation of another; penalty/18.2-51.6/18.2-52Malicious bodily injury by means of any caustic substance or agent or use of any explosive or fire/18.2-52/18.2-52.1Possession of infectious biological substances or radiological agents; penalties/18.2-52.1/18.2-53Shooting, etc., in committing or attempting a felony/18.2-53/18.2-53.1Use or display of firearm in committing felony/18.2-53.1/18.2-54.1Attempts to poison/18.2-54.1/18.2-54.2Adulteration of food, drink, drugs, cosmetics, etc.; penalty/18.2-54.2/18.2-55Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers or adult parolees/18.2-55/18.2-57Assault and battery; penalty/18.2-57/18.2-57.2Assault and battery against a family or household member; penalty/18.2-57.2/18.2-58How punished/18.2-58/18.2-58.1Carjacking; penalty/18.2-58.1/18.2-60.1Threatening the Governor or his immediate family/18.2-60.1/18.2-60.3Stalking; penalty/18.2-60.3/18.2-60.4Violation of protective orders; penalty/18.2-60.4/18.2-61Rape/18.2-61/18.2-63Carnal knowledge of child between thirteen and fifteen years of age/18.2-63/18.2-64.1Carnal knowledge of certain minors/18.2-64.1/18.2-67.1Forcible sodomy/18.2-67.1/18.2-67.2Object sexual penetration; penalty/18.2-67.2/18.2-67.2:1Repealed/18.2-67.2:1/18.2-67.3Aggravated sexual battery; penalty/18.2-67.3/18.2-67.4Sexual battery/18.2-67.4/18.2-67.4:1Infected sexual battery; penalty/18.2-67.4:1/18.2-67.5Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery/18.2-67.5/18.2-67.5:1Punishment upon conviction of third misdemeanor offense/18.2-67.5:1/18.2-77Burning or destroying dwelling house, etc/18.2-77/18.2-79Burning or destroying meeting house, etc/18.2-79/18.2-80Burning or destroying any other building or structure/18.2-80/18.2-85Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penalties/18.2-85/18.2-89Burglary; how punished/18.2-89/18.2-90Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty/18.2-90/18.2-91Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony/18.2-91/18.2-92Breaking and entering dwelling house with intent to commit other misdemeanor/18.2-92/18.2-93Entering bank, armed, with intent to commit larceny/18.2-93/37.2-917Escape of persons committed; penalty/37.2-917/52-48Confidentiality and immunity from service of process; penalties/52-48/53.1-203Felonies by prisoners; penalties/53.1-203//17.1-805/17.1/8/17.1-80518.2-254.118.2-308.218.2-35918.2-46019.2-11.219.2-120.119.2-368.219.2-70.346.2-11653.1-231.2The 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:sectionAA1 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;sectionA1A12 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;sectionA2A22 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; andsectionA3A32 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.sectionA4A42For 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, the United States or its territories.sectionBB1For 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 violation of subdivision (2) or (3) of § 18.2-355; any violation of § 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 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; or any conspiracy or attempt to commit any offense specified in this subsection, and any substantially similar offense under the laws of any state, the District of Columbia, the United States or its territories.sectionCC1