Virginia Crime Codes

1 Virginia Criminal Sentencing Commission2017 VCCV irginia 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 of have been developed and assigned to most crimesdefined in the code of Virginia . These Codes are used whendeciding which sentencing guidelines worksheet to completeand for determining statutory seriousness CharacteristicsThe VCCs are comprised of a combination of nine letters andnumbers ( , BUR-2211-F3). The first three letters of eachVCC represent an abbreviation of the broad offense title underwhich the Crime falls.

2 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 two posi-tions of the VCC represent the seriousness index based on thestatutory 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 ( )T = Solicitation to commit a felony ( )V = Solicitation to commit a felony-adult solicits juvenile ( )The second position of the offense seriousness index(position 9 of the VCC) identifies the class of misdemeanor orfelony.

3 When the letter "F" is paired with the number "2" (F2)the interpretation is that the offense is a Class 2 felony with astatutory maximum penalty of life; "M3" would represent aClass 3 misdemeanor with a maximum penalty of a fine 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 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.

4 In many instances, there is one VCCper section in the code of Virginia . 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 , 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.

5 However, one of several VCCs can be appliedto this offense. For example, ROB-1204-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.

6 " 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 . Please note that these penaltymodifiers only apply to felony are penalty modifiers for the following statutes relatingto attempts and conspiracies: , , , , or (a). Refer to the tables printedon page v for the appropriate statutory maximum. For otherstatutes that use the words attempt or conspire, such asconspiring with others to incite a riot ( ) or at-tempted escape ( ), there are no penalty "F" in the VCC remains the same and in most cases, thepenalties for these crimes remain the same as completedacts. defines the penalties for attempted rape,forcible sodomy, object sexual penetration, aggravatedsexual battery, and sexual battery.

7 The penalties included inthe tables printed on page v are applicable for these crimesexcept for attempted aggravated sexual battery. Instead of a10-year statutory maximum, the statutory maximum is 5years for an attempted aggravated sexual and conspiracies to commit misdemeanors donot result 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 ofthe letter "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 number "9" placed in the ninth position of the VCC isoften paired with an "S" designation since it too refers to aspecial penalty structure.

8 Occasionally, an offense codewill contain a seriousness index (VCC positions 8, 9) valueof "F9" or "M9." "F9" indicates the Crime is a designatedfelony with a special penalty structure, while "M9" desig-nates a misdemeanor Crime with a special penalty Crime Codes (VCC)ii Virginia Crime CodesVirginia Crime Codes (VCC)Category 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 lessthan forty years are identified by (II). See the generalinstructions of the Sentencing Guidelines Manual for amore detailed description of Category I and II to commit murder has the VCC of SOL-7202-F9.

9 All other felonies require that for any offense under , the preparer replace the "F" with a "T" if an adultsolicits an adult or the "F" with a "V" if an adult solicits ajuvenile to commit a felony. When the "T" replaces the "F"in the VCC, score the offense as a Class 6 felony. Whenthe "V" replaces the "F" in the VCC, score the offense as aClass 5 Sexual Assault OffensesThe letter "X" is used as a penalty modifier when adefendant is convicted under :3 or :2. The "F" in the VCC is replaced with a "X" when adefendant is convicted of a subsequent sexual assaultand imposition of the statutory maximum is Crime Codes iii"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-L9for a conviction under the "three strikes Infractions and Criminal Traffic CodesTraffic infractions are not included in the VCC , criminal traffic Codes are listed in the alphabeticaland statutory listings.

10 A list of traffic infraction VCCs can befound at Use of Virginia Crime code references required. If any criminal warrant, indictment, information, presentment, petition, summons, charging document issued by a magistrate, or dispositional document from a criminal trial, involves a jailable offense, it shall include the Virginia Crime code references for the particular offense or offenses covered. When Virginia Crime Codes are provided on charging and dispositional documents, the Virginia Crime Codes shall be recorded and stored for adult offenders in: criminal history computer systems maintained by the State Police; court case management computer systems maintained by the Supreme Court of Virginia ; probation and parole case management computer systems maintained by the Department of Corrections and the Virginia Parole Board; pretrial and community-based probation case management computer systems maintained by the Department of Criminal Justice Services; and jail management computer systems maintained by the State Compensation Board.