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1 Virginia Criminal Sentencing Commission2012 VCC2012 VCC2012 VCC2012 VCC2012 VCCV irginia Crime CodesVirginia Crime CodesVirginia Crime CodesVirginia Crime CodesVirginia Crime CodesListed Alphabetically and by StatuteListed Alphabetically and by StatuteListed Alphabetically and by StatuteListed Alphabetically and by StatuteListed Alphabetically and by StatuteVirginia Crime Codes (VCC) InstructionsThe Virginia Crime Codes (VCCs) presented herein representan offense identification system based on the Code ofVirginia. Codes have been developed and assigned to mostcrimes defined in the Code of Virginia. These codes are usedwhen deciding which sentencing guidelines worksheet tocomplete and for determining statutory seriousness CharacteristicsThe VCCs are comprised of a combination of nine letters andnumbers ( , BUR-2211-F3).

2 The first three letters of eachVCC represent an abbreviation of the broad offense title underwhich the crime falls. Thus, the prefix "BUR" is used for allburglary offenses, "ARS" for all arson offenses, "ASL" for allassault offenses, and so forth. The next four digits are anidentification code unique to each crime. The last twopositions of the VCC represent the seriousness index basedon the statutory maximum penalty for the Seriousness IndexThe first digit of the seriousness index (digit 8 of the VCC) is aletter which takes on the following meanings:F = Felony OffenseM= Misdemeanor OffenseA = Attempt (Felonies Only)C = Conspiracy (Felonies Only)S = Special Penalty StructureL = Life Without Parole ( )X = Subsequent Violent Sexual Assault( :3 and :2)O = Local OrdinanceJ = Adult sentenced for juvenile offense ( )Y = Commitment of serious juvenile offender ( )The second position of the offense seriousness index(position 9 of VCC) is described below.

3 Thus, when the letter "F" is paired with the number "2" (F2) theinterpretation is that the offense is a class two felony with astatutory maximum penalty of life; "M3" would represent aclass three misdemeanor with a maximum penalty of a OffensesIf an offense is covered by the sentencing guidelines,the VCC and statute for that offense are in bold. Usersare reminded to refer to the offense listing at thebeginning of each chapter and the rules in the front ofthe Guidelines Manual to determine the appropriateworksheet to be MinimumsIf the penalty for an offense includes a mandatoryminimum that a judge must impose and cannotsuspend, the amount of time is printed in the manda-tory minimum column (abbreviated "MM").Selecting the Proper VCCA VCC is assigned to each separate offense in asentencing event. In many instances, there is one VCCper section in the Code of Virginia.

4 For example,MUR-0944-F5 is the only VCC for voluntary manslaugh-ter ( ).In other instances, the Code of Virginia specifiesdifferent penalty structures depending on the elementsof the offense. For example, specifies apenalty of 5 to 20 years for common law burglary .However, if a deadly weapon was used and theoffender is charged with using a deadly weapon, thepenalty range becomes 20 years to life. In this case,the VCC BUR-2221-F3 is applied to the "burglary of adwelling at night with the intent to commit larceny/felony- without a deadly weapon" and the code BUR-2222-F2is applied to the "burglary of a dwelling at night with theintent to commit larceny/felony - with a deadly weapon."In other instances, such as the offense group ofrobbery, the Code of Virginia specifies one penaltyrange. However, one of several VCCs can be appliedto this offense.

5 For example, ROB-1214-F9 is theproper VCC for an unarmed robbery on a street. Inthese instances, particular attention should be given tothe facts of the case to ensure proper selection of theVCC. Proper selection of the VCC will help ensure thatthe correct number of points are assigned on thesentencing guidelines Crime Codes iAttempts and ConspiraciesThe letters "A" (Attempt) and "C" (Conspiracy) are penaltymodifiers and can be used in place of the "F" (Felony)designation when appropriate. There are no specific VCCsfor Code of Virginia , (Conspiracy) and , , and (Attempts). Rather thanutilize a code referring to the generic conspiracy or attemptstatutes, the VCC designates an attempt or conspiracy byutilizing the proper VCC for the offense if it were a completedact and replacing the "F" with an "A" or a "C." For example,the offense "malicious bodily injury to a law enforcementofficer" has a VCC of ASL-1326-F9, which would change toASL-1326-A9 for an attempt or ASL-1326-C9 for a conspiracyto commit this specific crime.

6 Please note that these penaltymodifiers only apply to felony and conspiracies to commit misdemeanors do notresult in any change in statutory penalty structure. Forexample, an attempt or conspiracy to commit a simpleassault would be reflected in a VCC of ASL-1313-M1, whichis also the same code used to indicate the actual commis-sion of this misdemeanor crime. Thus, attempts andconspiracies to commit a misdemeanor retain the use of theletter "M" in the eighth position of the Penalty StructuresThe "S" designation in the eighth position of the VCCindicates that the crime carries a special penalty structurethat does not fall within the fixed parameters of class 1through 6 felonies or class 1 through 4 misdemeanors. Thenumber "9" placed in the ninth position of the VCC is oftenpaired with an "S" designation since it too refers to a specialpenalty structure.

7 Occasionally, an offense code will cont aina seriousness index (VCC positions 8, 9) value of "F9" or"M9." "F9" indicates the crime is a designated felony with aspecial penalty structure, while "M9" designates a misde-meanor crime with a special penalty structure."Three Strikes"The letter "L" is also a penalty modifier and should be usedin place of the "F" when a defendant is convicted under For example, the offense "carjacking" has aVCC of ROB-1225-F9, which would change to ROB-1225-L9 for a conviction under the "three strikes Sexual Assault OffensesThe letter "X" is used as a penalty modifier when a defen-dant is convicted under :3 or :2. The"F" in the VCC is replaced with a "X" when a defendant isconvicted of a subsequent sexual assault and imposition ofthe statutory maximum is mandatory .Traffic Infractions and Criminal Traffic CodesTraffic infractions are not included in the VCC , criminal traffic codes are listed in the alphabeticaland statutory listings.

8 A list of traffic infraction VCCs can befound at I and II CrimesViolent felony crimes, as established by of theCode of Virginia, are identified in the penalty column of theVCC 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 thanforty years are identified by (II). See the general instructionsof the Sentencing Guidelines Manual for a more detaileddescription of Category I and II Crime Codes (VCC)ii Virginia Crime Codes Use of Virginia crime code any criminal warrant, indictment, information,presentment, petition, summons, charging documentissued by a magistrate, or dispositional document from acriminal trial, involves a jailable offense, it shall include theVirginia crime code references for the particular offense oroffenses covered.

9 When Virginia crime codes are providedon charging and dispositional documents, the Virginiacrime codes shall be recorded and stored for adultoffenders in: criminal history computer systems maintainedby the State Police; court case management computersystems maintained by the Supreme Court of Virginia;probation and parole case management computer systemsmaintained by the Department of Corrections and theVirginia Parole Board; pretrial and community correctionscase management computer systems maintained by theDepartment of Criminal Justice Services; and jailmanagement computer systems maint ained by the S tateCompensation Board. The Department of Juvenile Justiceshall record and store Virginia crime codes for particularoffenses related to juveniles in case managementcomputer crime codes shall only be used to facilitateadministration and research, and shall not have any legalstanding as they relate to a particular offense or offenses.

10 (2003, c. 148.)Virginia Crime Codes (VCC)Establishing VCC CodesIf you are unable to find a VCC that corresponds to aVirginia conviction, please contact the Virginia CriminalSentencing Commission. S taff of the Commission willestablish a code for the crime as Crime Codes can now be accessed online In rare occasions, you may need toaccess a retired VCC when identifying a primary oradditional offense for sentencing guidelines. The weblisting gives you the ability to locate both current andretired Crime Codes iiiiv Virginia Crime Codes Maximum Penalty forCompleted Drug Offense10 years to life5 years1 year Maximum Penalty forCompleted Drug Offenselife in prison50 years40 years30 years20 years10 years5 years1 year Maximum Penalty forDrug Offense Attempt10 years 5 years 1 year Maximum Penalty forDrug Offense Conspiracylife in prison50 years40 years30 years20 years10 years 5 years 1 year Maximum Penalty forCompleted Felonydeathlife in prison20 - 40 yearsless than 20 years Maximum Penalty forCompleted Felonydeathlife in prison10 - 40 years5 yearsless than 5 years Maximum Penalty forFelony Attemptlife in prison10 years10 years 5 years Maximum Penalty forFelony Conspiracy20 years10 years10