Attempts to commit noncapital felonies; how punished (§ 18.2-26)—Virginia Decoded

Attempts to commit noncapital felonies; how punished

Every person who attempts to commit an offense which is a noncapital felony shall be punished as follows:

(1. If the felony attempted is punishable by a maximum punishment of life imprisonment or a term of years in excess of twenty years, an attempt thereat shall be punishable as a Class 4 felony.

(2. If the felony attempted is punishable by a maximum punishment of twenty years’ imprisonment, an attempt thereat shall be punishable as a Class 5 felony.

(3. If the felony attempted is punishable by a maximum punishment of less than twenty years’ imprisonment, an attempt thereat shall be punishable as a Class 6 felony.

History

Code 1950, §§ 18.1-17, 18.1-18; 1960, c. 358; 1975, cc. 14, 15; 1994, c. 639.

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Court Decisions

Jay v. Com. (SCV, 04/18/08)
. . . attempted robbery in violation of Code §§ 18.2-58 and 18.2-26; conspiracy to commit robbery in . . .

Marshall v. Com. (COA, 02/24/98)
. . . object sexual penetration in violation of Code §§ 18.2-26 and 18.2-67.2 and first degree (felony) . . .

Bloom v. Com. (SCV, 11/02/01)
. . . liberties with a child, in violation of Code §§ 18.2-26 and 370(5), and (2) solicitation to commit . . .

. . . Peter Frampton Akindemowo v. U.S. Immigration & . . . (Court of Appeals for the Fourth Circuit, 08/10/95)
. . . to Best Jewelry Store, see Va.Code Ann. Secs. 18.2-26, 18.2-178 (Michie 1988). There is no . . .

Bennett v. Com. (COA, 05/15/01)
. . . to escape, in violation of Code §§ 18.2-479 and 18.2-26. The jury recommended, and the court . . .

Cook v. Com. (COA, 06/20/95)
. . . quot; Id. (emphasis added). At that time, Code § 18.2-26 prescribed the several punishments for . . .

Howard v. Com. (SCV, 03/06/81)
. . . attempted sodomy. . . .

Baldwin v. Com. (SCV, 06/08/07)
. . . attempted murder in violation of Code §§ 18.2-32 and 18.2-26. The sole issue in this appeal is . . .

McMillan v. Com. (SCV, 01/16/09)
. . . years old, in violation of Code §§ 18.2-77 and 18.2-26. The circuit court admitted the exhibit in . . .

Barnes v. Com. (SCV, 09/04/87)
. . . , and was sentenced in accordance with Code §§ 18.2-26 and 18.2-58 to 10 years in prison; and use . . .

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Amendment Attempts

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

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

HB2263: Death penalty; abolition of current penalty.

SB1165: Death penalty; abolition of current penalty.

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

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