2021 VCC Virginia Crime Codes

2021 VCC Virginia Crime Codes Listed Alphabetically and by Statute Virginia Criminal Sentencing Commission u Virginia Crime Codes (VCC) Instructions Guideline Offenses If an offense is covered by the sentencing guidelines, the The Virginia Crime Codes (VCCs) presented herein represent VCC and statute for that offense are in bold. Users are an offense identification system based on the Code of Virgin- reminded to refer to the offense listing at the beginning ia. Codes have been developed and assigned to most crimes of each chapter and the rules in the front of the Guide- defined in the Code of Virginia. These codes are used when lines Manual to determine the appropriate worksheet to deciding which sentencing guidelines worksheet to complete and be completed. for determining statutory seriousness levels. Mandatory Minimums Code Characteristics If the penalty for an offense includes a mandatory min- The VCCs are comprised of a combination of nine letters and imum that a judge must impose and cannot suspend, numbers (e.g., BUR-2211-F3). The first three letters of each the amount of time is printed in the mandatory minimum VCC represent an abbreviation of the broad offense title under column (abbreviated “MM”). which the crime falls. Thus, the prefix “BUR” is used for all burglary offenses, “ARS” for all arson offenses, “ASL” for all assault Selecting the Proper VCC offenses, and so forth. The next four digits are an identification A VCC is assigned to each separate offense in a sen- code unique to each crime. The last two positions of the VCC tencing event. In many instances, there is one VCC per represent the seriousness index based on the statutory maxi- section in the Code of Virginia. For example, mum penalty for the crime. MUR-0944-F5 is the only VCC for voluntary manslaugh- ter (§18.2-35). The Seriousness Index The first digit of the seriousness index (digit 8 of the VCC) is a In other instances, the Code of Virginia specifies differ- letter which takes on the following meanings: ent penalty structures depending on the elements of the offense. For example, §18.2-89 specifies a penalty of F = Felony Offense 5 to 20 years for common law burglary. However, if a M = Misdemeanor Offense deadly weapon was used and the offender is charged A = Attempt (Felonies Only) with using a deadly weapon, the penalty range becomes C = Conspiracy (Felonies Only) 20 years to life. In this case, the VCC BUR-2221-F3 is S = Special Penalty Structure applied to the “burglary of a dwelling at night with the in- L = Life Without Parole (§ 19.2-297.1) tent to commit larceny/felony - without a deadly weapon” X = Subsequent Violent Sexual Assault and the code BUR-2222-F2 is applied to the “burglary of (§18.2-67.5:3 and § 18.2-67.5:2) a dwelling at night with the intent to commit larceny/felo- O = Local Ordinance ny - with a deadly weapon.” J = Adult sentenced for Juvenile offense (§ 16.1-284) Y = Commitment of serious juvenile offender (§ 16.1-285.1) In other instances, such as the offense group of robbery, T = Solicitation to commit a felony (§ 18.2-29) the Code of Virginia specifies one penalty range. How- V = Solicitation to commit a felony-adult solicits juvenile (§ 18.2-29) ever, one of several VCCs can be applied to this offense. For example, ROB-1214-F9 is the proper VCC for an The second position of the offense seriousness index unarmed robbery on a street. In these instances, par- (position 9 of VCC) is described below. ticular attention should be given to the facts of the case to ensure proper selection of the VCC. Proper selection Thus, when the letter “F” is paired with the number “2” (F2) the of the VCC will help ensure that the correct number of interpretation is that the offense is a class two felony with a points are assigned on the sentencing guidelines work- statutory maximum penalty of life; “M3” would represent a class sheets. three misdemeanor with a maximum penalty of a fine only. Virginia Crime Codes i Virginia Crime Codes (VCC) Attempts and Conspiracies § 18.2-67.5 defines the penalties for attempted rape, The letters "A" (Attempt) and "C" (Conspiracy) are penalty forcible sodomy, object sexual penetration, aggravated modifiers and can be used in place of the "F" (Felony) sexual battery, and sexual battery. The penalties included in designation when appropriate. There are no specific VCCs the tables printed on page v are applicable for these crimes for Code of Virginia § 18.2-22 (Conspiracy) and except for attempted aggravated sexual battery. Instead of a §§ 18.2-25, 18.2-26, and 18.2-27 (Attempts). Rather than 10-year statutory maximum, the statutory maximum is 5 utilize a code referring to the generic conspiracy or attempt years for an attempted aggravated sexual battery. statutes, the VCC designates an attempt or conspiracy by utilizing the proper VCC for the offense if it were a completed Attempts and conspiracies to commit misdemeanors do act and replacing the "F" with an "A" or a "C." For example, not result in any change in statutory penalty structure. For the offense "malicious bodily injury to a law enforcement example, an attempt or conspiracy to commit a simple officer" has a VCC of ASL-1326-F9, which would change to assault would be reflected in a VCC of ASL-1313-M1, which ASL-1326-A9 for an attempt or ASL-1326-C9 for a conspiracy is also the same code used to indicate the actual commis- to commit this specific crime. Please note that these penalty sion of this misdemeanor crime. Thus, attempts and modifiers only apply to felony offenses. conspiracies to commit a misdemeanor retain the use of the letter "M" in the eighth position of the VCC. There are penalty modifiers for the following statutes relating to attempts and conspiracies: §§ 18.2-22, 18.2-25, 18.2-26, Special Penalty Structures 18.2-27, 18.2-256 or 18.2-257(a). Refer to the tables printed The "S" designation in the eighth position of the VCC on page v for the appropriate statutory maximum. For other indicates that the crime carries a special penalty structure statutes that use the words attempt or conspire, such as that does not fall within the fixed parameters of class 1 conspiring with others to incite a riot (§ 18.2-408) or at- through 6 felonies or class 1 through 4 misdemeanors. tempted escape (§ 18.2-480), there are no penalty modifiers. The number "9" placed in the ninth position of the VCC is The "F" in the VCC remains the same and in most cases, the often paired with an "S" designation since it too refers to a penalties for these crimes remain the same as completed special penalty structure. Occasionally , an offense code acts. 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 "Three Strikes" Violent felony crimes, as established by § 17.1-805 of the The letter "L" is also a penalty modifier and should be used Code of Virginia, are identified in the penalty column of the in place of the "F" when a defendant is convicted under § VCC list. A designation of (I) indicates a "Category I" 19.2-297.1. For example, the offense "carjacking" has a offense with a maximum penalty of forty years or more. VCC of ROB-1225-F9, which would change to ROB-1225-L9 "Category II" offenses with a maximum penalty of less for a conviction under the "three strikes” statute. than forty years are identified by (II). See the general instructions of the Sentencing Guidelines Manual for a Traffic Infractions and Criminal Traffic Codes more detailed description of Category I and II crimes. Traffic infractions are not included in the VCC list. However, criminal traffic codes are listed in the alphabetical Solicitation and statutory listings. A list of traffic infraction VCCs can be Solicitation to commit murder has the VCC of SOL-7202- found at www.vcsc.virginia.gov or mobile.vcsc.virginia.gov. F9. 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 § 18.2- 67.5:2. 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 . Virginia Crime Codes iii Virginia Crime Codes (VCC) Establishing VCC Codes § 19.2-390.01. Use of Virginia crime code references If you are unable to find a VCC that corresponds to a required. Virginia conviction, please contact the Virginia Criminal If any criminal warrant, indictment, information, presentment, Sentencing Commission. Staff of the Commission will petition, summons, charging document issued by a establish a code for the crime as needed.

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