2017 VCC

222 Pages·2015·1.49 MB·English

2017 VCC
Virginia Crime Codes
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Virginia Criminal Sentencing Commission


Virginia Crime Codes (VCC)
Instructions Guideline Offenses
If an offense is covered by the sentencing guidelines,
The Virginia Crime Codes (VCCs) presented herein represent the VCC and statute for that offense are in bold. Users
an offense identification system based on the Code of Virginia. are reminded to refer to the offense listing at the
Codes have been developed and assigned to most crimes beginning of each chapter and the rules in the front of
defined in the Code of Virginia. These codes are used when the Guidelines Manual, to determine the appropriate
deciding which sentencing guidelines worksheet to complete worksheet to complete.
and for determining statutory seriousness levels.
Mandatory Minimums
Code Characteristics If the penalty for an offense includes a mandatory
The VCCs are comprised of a combination of nine letters and minimum that a judge must impose and cannot
numbers (e.g., BUR-2211-F3). The first three letters of each suspend, the amount of time is printed in the manda-
VCC represent an abbreviation of the broad offense title under tory minimum 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 Selecting the Proper VCC
assault offenses, and so forth. The next four digits are an A VCC is assigned to each separate offense in a
identification code unique to each crime. The last two posi- sentencing event. In many instances, there is one VCC
tions of the VCC represent the seriousness index based on the per section in the Code of Virginia. For example,
statutory maximum 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
letter which takes on the following meanings: different penalty structures depending on the elements
of the offense. For example, § 18.2-89 specifies a
F = Felony Offense penalty of 5 to 20 years for common law burglary.
M= Misdemeanor Offense However, if a deadly weapon was used, and the
A= Attempt (Felonies Only) offender is charged with using a deadly weapon, the
C= Conspiracy (Felonies Only) penalty range becomes 20 years to life. In this case,
S= Special Penalty Structure the VCC BUR-2221-F3 is applied to the "burglary of a
L = Life Without Parole (§ 19.2-297.1) dwelling at night with the intent to commit larceny/felony
X= Subsequent Violent Sexual Assault - without a deadly weapon" and the code BUR-2222-F2
(§18.2-67.5:3 and § 18.2-67.5:2) is applied to the "burglary of a dwelling at night with the
O= Local Ordinance intent to commit larceny/felony - 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
T = Solicitation to commit a felony (§ 18.2-29) robbery, the Code of Virginia specifies one penalty
V= Solicitation to commit a felony-adult solicits juvenile (§ 18.2-29) range. However, one of several VCCs can be applied
to this offense. For example, ROB-1204-F9 is the
The second position of the offense seriousness index proper VCC for an unarmed robbery on a street in
(position 9 of the VCC) identifies the class of misdemeanor or these instances, particular attention should be given to
felony. When the letter "F" is paired with the number "2" (F2) the facts of the case to ensure proper selection of the
the interpretation is that the offense is a Class 2 felony with a VCC. Proper selection of the VCC will help ensure that
statutory maximum penalty of life; "M3" would represent a the correct number of points are assigned on the
Class 3 misdemeanor with a maximum penalty of a fine only. sentencing guidelines worksheets.
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" desig-
nates a misdemeanor crime with a special penalty struc-
ture.
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.
F9. All other felonies require that for any offense 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 offense 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 statutory 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
Sentencing Commission. Staff of the Commission will If any criminal warrant, indictment, information, presentment,
establish a code for the crime as needed. petition, summons, charging document issued by a
magistrate, or dispositional document from a criminal trial,
www.vcsc.virginia.gov
involves a jailable offense, it shall include the Virginia crime
Virginia Crime Codes can now be accessed online at
code references for the particular offense or offenses covered.
www.vcsc.virginia.gov or mobile.vcsc.virginia.gov. In rare
When Virginia crime codes are provided on charging and
occasions, you may need to access a retired VCC when
dispositional documents, the Virginia crime codes shall be
identifying a primary or additional offense for sentencing
guidelines. The web listing gives you the ability to locate recorded and stored for adult offenders in: criminal history
both current and retired codes. 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. The Department of
Juvenile Justice shall record and store Virginia crime codes for
particular offenses related to juveniles in case management
computer systems.
Virginia crime codes shall only be used to facilitate
administration and research, and shall not have any legal
standing as they relate to a particular offense or offenses.
(2003, c. 148; 2007, c. 133.)
iv Virginia Crime Codes

Penalty Structure
 Figure 1: Penalty Structure
VCC Penalty Structure
POSITION 9 CLASS FELONY MISDEMEANOR
1 = One life/death up to 12 months
2 = Two 20 years to life up to 6 months
3 = Three 5 years to 20 years fine only
4 = Four 2 to 10 years fine only
5 = Five 1 to 10 years
6 = Six 1 to 5 years
9 = Special penalty varies penalty varies
 Figure 2: Penalty Structure for Attempts and Conspiracies
Exceptions: Attempted aggravated sexual
 Maximum Penalty for  Maximum Penalty for battery (§ 18.2-67.5(B)) is punishable by five
Completed Felony Felony Attempt years (not ten as in Figure 2).
death life in prison
○ ○ ○ ○ ○ ○ ○ ○ ○ ○○ ○ ○ ○ ○
life in prison 10 years
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
20 - 40 years 10 years Conspiracy to commit or assist in larceny with
○ ○ ○ ○ ○ ○○ ○ ○ ○ ○
less than 20 years 5 years
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ aggregate value over $200 (§ 18.2-23(B)) is
 Maximum Penalty for  Maximum Penalty for punishable by 20 years.
Completed Felony Felony Conspiracy
death 20 years
life in p○ris○on○ ○ ○ ○ ○ ○ ○ ○○ ○ ○ ○ ○ 10 years In no event shall the punishment for a conspiracy
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
10 - 40 years ○ ○ ○ ○ ○ ○○ ○ ○ ○ ○ 10 years or an attempt to commit an offense exceed the
5 years 5 years
○ ○ ○ ○ ○ ○ ○ ○ ○○ ○ ○ ○ ○ maximum punishment for a completed act itself
less than 5 years 1 year
○ ○ ○ ○ ○ ○ ○ ○ ○ ○
(§§ 18.2-22 and 18.2-28).
See exceptions for drug offenses below.
 Figure 3: Penalty Structure for Felony Drug Attempts and Conspiracies
 Maximum Penalty for  Maximum Penalty for
Completed Drug Offense Drug Offense Attempt
10 years to life 10 years
○ ○ ○ ○ ○ ○○ ○ ○ ○ ○
5 years 5 years
○ ○ ○ ○ ○ ○ ○ ○○ ○ ○ ○ ○ ○ ○
1 year 1 year
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○○ ○ ○ ○
 Maximum Penalty for  Maximum Penalty for
Completed Drug Offense Drug Offense Conspiracy
life in prison life in prison
50 years 50 years
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ NOTE: When scoring attempts and conspiracies
40 years 40 years
○ ○ ○ ○ ○ ○ ○ ○○ ○ ○ ○ ○
30 years 30 years of drug offenses, adhere to the policy specified in
○ ○ ○ ○ ○ ○ ○ ○ ○○ ○ ○ ○
20 years 20 years
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ §§ 18.2-256 and 18.2-257(a), summarized here.
10 years 10 years
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
5 years 5 years
○ ○ ○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
1 year 1 year
○ ○ ○ ○ ○ ○ ○ ○○ ○ ○ ○ ○ ○ ○
Virginia Crime Codes v
18 Virginia Sentencing Guidelines Manual
VCCs Listed by Alphabetical Order
Description VCC Statute Penalty (Cat.) MM
ABDUCTION
See Kidnapping
Firearm Use During Abduction
See Assault (§18.2-53.1)
ABORTION
Encourage, promote, advertise ABO-1406-M3 §18.2-76.1 Fine
Minor w/o parent/guardian notification/court authorization ABO-1407-M3 §16.1-241(W) Fine
Partial birth infanticide, perform ABO-1404-F4 §18.2-71.1 2Y-10Y
Physician performs abortion without consent ABO-1410-M3 §16.1-241(W) Fine
Producing ABO-1405-F4 §18.2-71 2Y-10Y
ABUSE, CHILD
Deny Medical Care
See Dangerous Conduct, Minors (§18.2-314)
Neglect
See Family Offenses, Minors
ABUSIVE AND INSULTING LANGUAGE
Direct curse or abusive language to another ABU-3200-M3 §18.2-416 Fine
Slander and libel ABU-3201-M3 §18.2-417 Fine
ACCESSORY
See Accomplice
ACCOMPLICE
After the Fact
Accessory after the fact - Class 1 or 2 felony homicide ACC-0900-F6 §18.2-19(i) 1Y-5Y
Accessory after the fact - Felony ACC-3202-M1 §18.2-19(ii) 0-12M
Accessory after the fact - Misdemeanor-Use code for crime committed
Before the Fact
Before the fact - Use code for crime committed §18.2-18
Before the fact to capital murder, See §18.2-31 Murder §18.2-18
Gambling
See Gambling, Accessory (§18.2-330)
Kidnapping
See Kidnapping, Assisting or Threatening (§18.2-49)
ADOPTION
See Fraud §63.1-220.4
ADOPTION REGISTRY
See Perjury
ADULTERY
See Sex Offenses (§18.2-365)
Virginia Crime Codes - Alphabetical 1
Description VCC Statute Penalty (Cat.) MM
ADVERTISING
Fraudulent Advertising
See Fraud, Advertising
AGRICULTURE, HORTICULTURE & FOOD
Animal Remedies
Animal remedy violation AGR-4656-M1 §3.2-4914 0-12M
Obstruct investigation, etc., of animal remedies AGR-4655-M3 §3.2-4909 Fine
Apples
Falsification of records by apple producer AGR-3546-M1 §3.2-1217 0-12M
Bees
Beekeeping violation AGR-3596-M1 §3.2-4414 0-12M
Cattle
Falsification of cattle handler's records AGR-4693-M1 §3.2-1308 0-12M
Controlled Atmosphere Storage
Controlled atmosphere apple/peach storage violation AGR-3597-M1 §3.2-4613 0-12M
Corn
Falsification of corn handler's records, etc. AGR-4694-M1 §3.2-1414 0-12M
Cotton Handler
Cotton handler violation AGR-4654-M1 §3.2-4775 0-12M
Falsification of cotton handler's records AGR-4695-M1 §3.2-1514 0-12M
Violation of sale, record keeping or Commissioner's regulations AGR-3498-M1 §3.2-4775 0-12M
Eggs
Egg or hatchery product violation AGR-4671-M1 §3.2-5312 0-12M
Falsification of egg handler's records AGR-4696-M1 §3.2-1610 0-12M
Endangered Plant or Insect
Buy any threatened species without a license AGR-3566-M1 §3.2-1006(A) 0-12M
Ginseng, harvest out of season AGR-3568-M1 §3.2-1007 0-12M
Possession of endangered or threatened species AGR-3565-M1 §3.2-1003 0-12M
Records, fail to maintain purchase AGR-3567-M1 §3.2-1006(B) 0-12M
See specific statute for VCC §3.2-1011
Farm Equipment
Alter farm equipment serial number AGR-4657-M2 §3.2-5000 0-6M
Alter farm equipment serial number - 2nd or subsequent AGR-4658-M1 §3.2-5000 0-12M
Feed, Commercial
Commercial feed violation AGR-4649-M3 §3.2-4817 Fine
Fertilizer
Apply regulated fertilizer product without permit AGR-4627-M3 §3.2-3608 Fine
Distribute adulterated regulated fertilizer product AGR-4629-M3 §3.2-3613 Fine
Distribute misbranded regulated fertilizer product AGR-4628-M3 §3.2-3612 Fine
Distribute regulated product without a license AGR-4626-M3 §3.2-3606 Fine
Fertilizer violation AGR-4639-M3 §3.2-3625 Fine
Food and Drink
Adulteration or misbranding food AGR-3555-M1 §3.2-5126(A,2) 0-12M
Dissemination of any false advertisement AGR-3557-M1 §3.2-5126(A,4) 0-12M
False guaranty or undertaking concerning food AGR-3559-M1 §3.2-5126(A,6) 0-12M
Forging, etc., mark, stamp, tag, or food label AGR-3561-M1 §3.2-5126(A,8) 0-12M
Meat product violation AGR-4666-M2 §3.2-5145 0-6M
2 Virginia Crime Codes - 07/01/2017