VA Crim Law

F1 – death or life, $100,000

F2 – 20-life; $100,000

F3 – 5-20y; $100,000

F4 – 2-10y; $100,000

F5 – 1-10y; or discretionary up to 12 mo, $2500

F6 – 1-5y; or discretionary up to 12 m, $2500

M1 – up to 12mo, $2500

M2 – up to 6mo, $1000

M3 –$500

M4 – $250

Samples for DNA analysis (for felonies)

• Forfeiture – proceeds of profits from a crime put
• into escrow for the victims

Probation – after conviction, the court can suspend the sentence and put D on probation under certain conditions, i.e. partial restitution or community service.

• 1.    to prepare a victim-impact statement for
• sentencing

• 2.    if cooperating, to be informed of the
• level of protection available to them

1)  D acts with sedate, deliberate mind and formed design

2)  Or commits any purposeful and cruel act without great provocation.

• *** Malice can be inferred from the deliberate use of deadly
• weapon

*****Malice is the distinction between murder and manslaughter

F1

1)  willful, deliberate and premeditated

2)  Killing

• 3)  And:
• a.    Abduction for money or defile V
• b.    Hire
• c.     Inmate or under custody
• d.    Robbery or attempt
• e.    Rape, attempt, sodomy, sex penetration
• f.     Law enforcement
• g.    More than one person
• h.    Moving controlled substances
• i.      Pregnant – intent
• j.      Under 14 by over 21
• k.    Terrorism
• l.      Judge or witness to interfere with justice

F2

·     basically anything other than capital murder

·     any willful, deliberate and premeditated killing

• ·     or murder by Poison, lying in wait,
• imprisonment, starvation

• Treated as First degree murder (F2) if carried out while attempting or committing: BARRK: Burglary, Arson, Robbery, Rape and other sex
• crimes, Kidnapping

Any killing that is an accidental murder carried out during the commission of a felony not included in felony murder.  Treated as 2nd degree murder.

• ·     the death must be related in time place and
• causation to the crime

·     (result of the actions of the felon)

·     Follows agency theory and kind of redline rule by V.

• o  Under the agency theory, the death must be
• related to the underlying crime.

o  Not liable for death of co-felons killed by a victim.

• F5
• ·     intentional,

·     non malicious homicide

·     occurred in sudden mutual combat or as a result of heat of passion induced by reasonable provocation.

F5

• ·     Accidental killing of another (caused by
• criminal negligence)

·     Contrary to the intentions of the parties

• ·     From
• o  an unlawful (but not felonious) act, or
• o  Criminal Negligence from an improper performance of a lawful act:
• § Wanton or willful character 
• § Reckless or indifferent disregard of the rights
• of others
• § Probable that injury would result
• § Standard: D should have known actions would
• produce substantial risk of harm.

***(DUIs that kill people are in this category)

M1

An attempt

With force and violence

To do some bodily hurt to another

With wanton or malice

By means calculated to produce the end if carried into execution

M1

Actual infliction of corporal hurt on another

Willfully or in anger

Heightened if: 

·     If intentionally selected based on race, religious conviction, color

·     A judge, lE, CO, Firefighter engaged in public duties

·    Teacher principal, guidance counselor engaged in performance of duties

·     Family member – see family member

Assault + battery =M1; 

However, on a 3rd or subsequent conviction = F6

·     Maliciously

·     Shooting, stabbing, cutting, wounding or causing bodily injury

·     To another

·     With intent to maim, disfigure, disable, or kill

(assault + battery is a lesser included offense to this.)

F3; however, if done without malice it is F6

F2

If results in:

·     victim’s severe injury

·     or permanent and significant physical impairment

F6

·     intent to cause injury to another

• ·     intentionally throw any object capable of
• causing  injury to another from above
• ground level.

F5

·     if you possess…above

·     w/ intent to injure another

F6

·     shoots, stabs, cuts or wounds another person

·     while attempting or committing a felony

is a separate felony if used in a threatening manner

• F3
• Administers of attempts to administer any poison or destructive
• substance

w/ intent to kill or injure

F3

Adulterates or causes to adulterate food drink meds cosmetic

w/ intent to injure or kill

M1

It is unlawful to handle recklessly any firearm as to endanger the life limb or property of another

M3

·     recklessly leave a loaded , unsecured firearm

·     in a manner endangering a child under 14

F5

1.    by force, intimidation or deception

2.    w/o legal justification of excuse

3.    seizes, takes, transports, detains or secretes another person

4.    w/ intent to:

a.    deprive v of personal liberty

b.   w/hold or conceal from someone

c.     subject v to forced labor or services

·     !Note: moving the victim is not required

·     law enforcement performing his duty

·     Merchants who have pc someone shoplifted (1 hour pending LE arrival)

1.    if w/ intent to extort

2.    w/ intent to defile V

3.    V under 16 + purpose concubinage or prostitution

M1 – if not taken out of VA, and if punishable by contempt of court in any pending proceeding

F6 – if taken from VA and punishable as contempt in any pending proceeding

• ·     if a person knowingly, wrongfully and
• intentionally

• ·     withholds a child from either of a child’s
• parents or guardian

·     in violation of a custody or visitation order,

·     and outside va F6

·     (if not outside va= M1)

• 1.    accused has sexual intercourse with a
• complaining W or causes W to engage in sexual intercourse with any other
• person, AND

2.    Accomplished by:

a.     threat, force, or intimidation Against W’s will,

b.    Through use of W’s mental incapacity or physical helplessness

c.     w/ child under 13

** mandatory minimum 5 years

1.    V under 13,

2.    D is more than 3 years older than V,

3.    And rape in the commission of an abduction, burglary, or aggravated malicious wounding.

1.    intent

• 2.    direct act 
• - goes far enough to amount to the commencement of the crime.

F4

·     sexual intercourse & other sexual acts

·     w/o use of force

• ·     of a child between 13 and 15
•  

F6 if V consents, D is a minor, and there is an age gap ofover 3 years

M4 if V consents, D is a minor, and age gap is less than 3 years

M1

·     sexual abuse

·    against V’s will

·     by threat, force, intimidation, or ruse

F6 if Elements of sexual battery, plus one of the following:


V is under 13, or 13-15

V’s physical or mental incapacity

• Committed ay a parent, stepparent,
• grandparent, step-grandparent and V is 13-15

• Use or threat of dangerous weapon,
• or

V suffers serious bodily injury

F4

marries another person in VA or

• marries another person outside of
• VA but co habits w/ that person w/in the state

while having a living spouse

Defenses:

• spouse 1 has been continuously
• absent for at least 7 years and D did not know S1 was alive

gf believe s1 was dead

divorce

first marriage was void

M4

married person

voluntarily

has sexual intercourse

• with a person that is not his
• spouse

• F5 Adultry or fornication w/ his child, grandchild, or
• parent

F3 if it is a child or grandchild between 13 and 18

M1

for money or equivalent

offers of commits

adultery or fornication

F5

·     over 18

·     lascivisious (lewd) intent

·     knowingly and intentionally

• o  exposes genitals or sexually propositions to a
• child under 15

• o  or, receives money for allowing or enticing a
• person under 18 to be a subject of child porn

willful act or omission 

to provide necessary care

for the child’s health

M1

F4 if results in serious injury

F6 if gross wanton reckless disregard for human life

**VA also has similar statutes for incapacitated adults instead of child

taking

intent to steal

• personal property of another
• against his will

by violence or intimidation

F—15 years to life

• intentional seizure or control of
• a motor vehicle of another

• intent to deprive another person
• in possession of control of vehicle

by means of threat or battery

F5

• require money property or
• pecuniary benefit

• by threat, accusing him of an
• offense, or immigration status

F6

knowingly communicates in writing

• a threat to kill or do bodily
• injury to a person or his family

• & places that person in
• reasonable apprehension of said threat

F6

communicates in writing

threat to kill or bodily harm

• on grounds of school property or
• sponsored event

to any person

• that would place that person who
• is the object of the threat in reasonable apprehension of death of bodily harm

F2-3

act of violence

committed w/ the intent to

 intimidate the civilian population at large

• or influence the conduct or
• activities of the US/state/locality govt.

F2

• intent to comit an act of
• terrorism

possesses/uses/sells/distributes/manufactures…


A weapon of terrorism

Any device or material

Designed, intended, or used

• To cause death, bodily injury, or
• serious bodily harm

• Through release, dissemination or
• impact of

• Poisonous chemicals, bio
• sustatnce, radiation or radioactivity

Or bomb or explosives

F3

Same as possession of a weapon of terrorism except is an imitation of a weapon of terrorism

• maliciously destroys or devastates
• agricultural crops or animals having value of $2500 or more.

Though infectious bio substance

• w/ intent to intimidate civ pop or
• influence govt activities

collection of people

• assembled for the purpose and
• intention

• to commit assault and battery upon
• a person

• All people composing a mob are
• criminally liable even if they did not actively helped, encouraged, or
• personally hurt the victim

• Lynching: mob activity resulting
• in death to V = murder

Malicious wounding  = F3

commission of a violent felony

• wrongful taking of another
• person’s property

w/o permission

• w/ intent to deprive person of
• that property permanently

• **(lesser included offense of
• robbery)

• ** just moving the property is
• sufficient if coupled w/ intent…

Is larceny, plus one of the following: 

• taken from the person of another
• over $5

over $200

firearm

plain theft unaccompanied by other bad circumstances

M1

From the person of another under $5 or

Simple larceny under $200

F4

malice

• burns, explodes, or destroys or
• aids the burning of

a dwelling

• Anywhere where a person lives! This can include building, ship, vessel, rivercraft, railroad car, automobile, truck, trailer. Not:
• outhouse.

F3 or F2 w/ deadly weapon

1)  entering

a. at night

b. or entering and breaking in the daytime

c.  or entering and concealing oneself

2)  in a dwelling

3)  w/ intent to commit a felony

constructive – by threat

• actual – application of some
• force, this includes merely pushing a door, lifting a latch, whatever

= larceny by Va statute

wrongfully appropriates

to his use or benefit

• w/ intent to deprive the owner
• thereof

• the property entrusted to him by
• virtue of his employment or office

= larceny by Va statute

false representation

to deceive

• to obtain value from another w/o
• compensation

• Willfully swears falsely under oath regarding any material
• issue

give, offer or promise 

gratuity

to a public official

to influence official decision

3 or more people assemble

• common intent to advance some
• purpose

• by the commission of act(s) of
• unlawful force or violence likely to jepardise public safety, peace or order

• and the assembly actually inspires
• people to act?

• F5 – unlawful use of force or violence by 3 or more persons
• acting together

Burning w/ intent to intimidate =F6

F6

·     intentionally

·     intercept, or endeavor to intercept – or procure someone else to or o use a device to intercept

·     any wire, electronic or oral communication

• ·     Or—to disclose or use the contents
• of an interception, knowing those contents were intercepted

The use of a computer network, to:

• obtain property or services by
• false pretenses

embezzle or commit larceny

convert property

Spam = unsolicited commercial electronic mail

It is prohibited to:

• Forge email transmission
• information or routing information in connection with the transmission of spam

• Sell or distribute software that
• makes spam

intent to commit the crime

• direct act towards its
• consummation, but falling short of the ultimate design (any slight act will
• constitute attempt)

• ** Factual impossibility is not a
• defense

• agreement between 2 or more
• persons = the act

• intent to achieve an unlawful act
• or lawful act by unlawful means

• NO OVERT ACT NECESSARY—just
• agreement to commit the crime

• Proof of explicit agreement not
• required, can be proved by circumstantial ev

·     co-conspirator declarations made in furtherance of a conspiracy is an exception to the hearsay rule

·     but not statements made after the conspiracy has concluded

Attempt of D 

• To incite another to commit a
• criminal offense

• Whether the crime is committed is
• immaterial

• first degree – is the immediate
• perpetrator of a crime

• second degree – present at time of
• crime’s commission, but also commits some overt act such as enticing
• encouraging, advertising, assisting

• Before the fact – not present at the
• time of offense but helped beforehand

• After the fact – knows the felon
• is guilty of a felony but receives, relieves, comforts, assists afterwards.
• Family members not included.

• Yes. If he withdraws his aid, and  it is evidenced by acts of words indicating
• disapproval or opposition to the contemplated crime. He must also do everything
• practicable to detach himself from the crime and to prevent it from being
• committed.

• affirmative defense—D must prove
• by introducing sufficient evidence to raise a reasonable doubt of his guilt
• that:

• Reasonably fear death or serious
• bodily harm

• Force must be reasonable in
• relation to the threat

• **Necessity for self-defense cannot
• arise out of D’s own conduct – unless D, as the original aggressor, abandons
• the fight and retreats first.

• ***No duty to retreat- may stand your
• ground.

D must demonstrate: 

• criminal conduct was the product
• of an unlawful threat

• causing him to reasonably believe
• that performing the crim conduct was the only reasonable opportunity to avoid
• imminent death or serious harm

• planning of an offense by an
• officer

• procurement of its commission by
• one who would not have perpetrated it

• except for the trickery,
• persuasion or fraud of the offier

• Therefore, if the criminal design
• originated with D, and LE just provided an opportunity =not entrapment.

M’naughten Rule: 

D is mentally ill and because of that,

Did not understand the nature and consequences of his acts

Was not able to distinguish right from wrong.

• Irresistible impulse test: Mind is so impaired that he is totally deprived of the mental capacity to control or restrain his
• acts.

• Generally, it cannot –even for
• specific intent crimes, unlike common law

• Can negate specific intent for 1st
• degree or capital murder, if D can show intoxication was so great he was
• incapable of deliberation of premeditation

• If it produces a permanent
• insanity in D—perhaps caused by habitual abuse

• Juvenile who is 14 or older is
• presumed competent to stand trial

• If charged with something that
• would be considered a felony as an adult, go to normal circuit court. It will
• remain in juv ct. if court determines incompetent.