2021 VCC - Virginia

2021 VCC

Virginia Crime Codes

Listed Alphabetically and by Statute

Virginia Criminal Sentencing Commission

u Virginia Crime Codes (VCC)

Instructions

The Virginia Crime Codes (VCCs) presented herein represent an offense identification system based on the Code of Virginia. Codes have been developed and assigned to most crimes defined in the Code of Virginia. These codes are used when deciding which sentencing guidelines worksheet to complete and for determining statutory seriousness levels.

Code Characteristics The VCCs are comprised of a combination of nine letters and numbers (e.g., BUR-2211-F3). The first three letters of each VCC represent an abbreviation of the broad offense title under which the crime falls. Thus, the prefix "BUR" is used for all burglary offenses, "ARS" for all arson offenses, "ASL" for all assault offenses, and so forth. The next four digits are an identification code unique to each crime. The last two positions of the VCC represent the seriousness index based on the statutory maximum penalty for the crime.

The Seriousness Index The first digit of the seriousness index (digit 8 of the VCC) is a letter which takes on the following meanings:

F = Felony Offense M = Misdemeanor Offense A = Attempt (Felonies Only) C = Conspiracy (Felonies Only) S = Special Penalty Structure L = Life Without Parole (? 19.2-297.1) X = Subsequent Violent Sexual Assault (?18.2-67.5:3 and ? 18.2-67.5:2) O = Local Ordinance J = Adult sentenced for Juvenile offense (? 16.1-284) Y = Commitment of serious juvenile offender (? 16.1-285.1) T = Solicitation to commit a felony (? 18.2-29) V = Solicitation to commit a felony-adult solicits juvenile (? 18.2-29)

The second position of the offense seriousness index (position 9 of VCC) is described below.

Thus, when the letter "F" is paired with the number "2" (F2) the interpretation is that the offense is a class two felony with a statutory maximum penalty of life; "M3" would represent a class three misdemeanor with a maximum penalty of a fine only.

Guideline Offenses If an offense is covered by the sentencing guidelines, the VCC and statute for that offense are in bold. Users are reminded to refer to the offense listing at the beginning of each chapter and the rules in the front of the Guidelines Manual to determine the appropriate worksheet to be completed.

Mandatory Minimums If the penalty for an offense includes a mandatory minimum that a judge must impose and cannot suspend, the amount of time is printed in the mandatory minimum column (abbreviated "MM").

Selecting the Proper VCC A VCC is assigned to each separate offense in a sentencing event. In many instances, there is one VCC per section in the Code of Virginia. For example, MUR-0944-F5 is the only VCC for voluntary manslaughter (?18.2-35).

In other instances, the Code of Virginia specifies different penalty structures depending on the elements of the offense. For example, ?18.2-89 specifies a penalty of 5 to 20 years for common law burglary. However, if a deadly weapon was used and the offender is charged with using a deadly weapon, the penalty range becomes 20 years to life. In this case, the VCC BUR-2221-F3 is applied to the "burglary of a dwelling at night with the intent to commit larceny/felony - without a deadly weapon" and the code BUR-2222-F2 is applied to the "burglary of a dwelling at night with the intent to commit larceny/felony - with a deadly weapon."

In other instances, such as the offense group of robbery, the Code of Virginia specifies one penalty range. However, one of several VCCs can be applied to this offense. For example, ROB-1214-F9 is the proper VCC for an unarmed robbery on a street. In these instances, particular attention should be given to the facts of the case to ensure proper selection of the VCC. Proper selection of the VCC will help ensure that the correct number of points are assigned on the sentencing guidelines worksheets.

Virginia Crime Codes i

Virginia Crime Codes (VCC)

Attempts and Conspiracies The letters "A" (Attempt) and "C" (Conspiracy) are penalty modifiers and can be used in place of the "F" (Felony) designation when appropriate. There are no specific VCCs for Code of Virginia ? 18.2-22 (Conspiracy) and ?? 18.2-25, 18.2-26, and 18.2-27 (Attempts). Rather than utilize a code referring to the generic conspiracy or attempt statutes, the VCC designates an attempt or conspiracy by utilizing the proper VCC for the offense if it were a completed act and replacing the "F" with an "A" or a "C." For example, the offense "malicious bodily injury to a law enforcement officer" has a VCC of ASL-1326-F9, which would change to ASL-1326-A9 for an attempt or ASL-1326-C9 for a conspiracy to commit this specific crime. Please note that these penalty modifiers only apply to felony offenses.

There are penalty modifiers for the following statutes relating to attempts and conspiracies: ?? 18.2-22, 18.2-25, 18.2-26, 18.2-27, 18.2-256 or 18.2-257(a). Refer to the tables printed on page v for the appropriate statutory maximum. For other statutes that use the words attempt or conspire, such as conspiring with others to incite a riot (? 18.2-408) or attempted escape (? 18.2-480), there are no penalty modifiers. The "F" in the VCC remains the same and in most cases, the penalties for these crimes remain the same as completed acts.

? 18.2-67.5 defines the penalties for attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery. The penalties included in the tables printed on page v are applicable for these crimes except for attempted aggravated sexual battery. Instead of a 10-year statutory maximum, the statutory maximum is 5 years for an attempted aggravated sexual battery.

Attempts and conspiracies to commit misdemeanors do not result in any change in statutory penalty structure. For example, an attempt or conspiracy to commit a simple assault would be reflected in a VCC of ASL-1313-M1, which is also the same code used to indicate the actual commission of this misdemeanor crime. Thus, attempts and conspiracies to commit a misdemeanor retain the use of the letter "M" in the eighth position of the VCC.

Special Penalty Structures The "S" designation in the eighth position of the VCC indicates that the crime carries a special penalty structure that does not fall within the fixed parameters of class 1 through 6 felonies or class 1 through 4 misdemeanors. The number "9" placed in the ninth position of the VCC is often paired with an "S" designation since it too refers to a special penalty structure. Occasionally , an offense code will contain a seriousness index (VCC positions 8, 9) value of "F9" or "M9." "F9" indicates the crime is a designated felony with a special penalty structure, while "M9" designates a misdemeanor crime with a special penalty structure.

ii Virginia Crime Codes

Virginia Crime Codes (VCC)

Category I and II Crimes Violent felony crimes, as established by ? 17.1-805 of the Code of Virginia, are identified in the penalty column of the VCC list. A designation of (I) indicates a "Category I" offense with a maximum penalty of forty years or more. "Category II" offenses with a maximum penalty of less than forty years are identified by (II). See the general instructions of the Sentencing Guidelines Manual for a more detailed description of Category I and II crimes.

Solicitation Solicitation to commit murder has the VCC of SOL-7202F9. All other felonies require that for any of fense under ? 18.2-29, the preparer replace the "F" with a "T" if an adult solicits an adult or the "F" with a "V" if an adult solicits a juvenile to commit a felony. When the "T" replaces the "F" in the VCC, score the of fense as a Class 6 felony. When the "V" replaces the "F" in the VCC, score the offense as a Class 5 felony.

Subsequent Sexual Assault Offenses The letter "X" is used as a penalty modifier when a defendant is convicted under ? 18.2-67.5:3 or ? 18.267.5:2. The "F" in the VCC is replaced with a "X" when a defendant is convicted of a subsequent sexual assault and imposition of the st atutory maximum is mandatory .

"Three Strikes" The letter "L" is also a penalty modifier and should be used in place of the "F" when a defendant is convicted under ? 19.2-297.1. For example, the offense "carjacking" has a VCC of ROB-1225-F9, which would change to ROB-1225-L9 for a conviction under the "three strikes" statute.

Traffic Infractions and Criminal Traffic Codes Traffic infractions are not included in the VCC list. However, criminal traffic codes are listed in the alphabetical and statutory listings. A list of traffic infraction VCCs can be found at vcsc. or mobile.vcsc..

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