§ 17.1-805. Adoption of initial discretionary sentencing guideline midpoints.
A. The Commission shall adopt an initial set of discretionary felonysentencing guidelines which shall become effective on January 1, 1995. Theinitial recommended sentencing range for each felony offense shall bedetermined first, by computing the actual time-served distribution forsimilarly situated offenders, in terms of their conviction offense and priorcriminal history, released from incarceration during the base period ofcalendar years 1988 through 1992, increased by 13.4 percent, and second, byeliminating from this range the upper and lower quartiles. The midpoint ofeach initial recommended sentencing range shall be the median time served forthe middle two quartiles and subject to the following additional enhancements:
1. The midpoint of the initial recommended sentencing range for first degreemurder, second degree murder, rape in violation of § 18.2-61, forciblesodomy, object sexual penetration, and aggravated sexual battery, shall befurther increased by (i) 125 percent in cases in which the defendant has noprevious conviction of a violent felony offense; (ii) 300 percent in cases inwhich the defendant has previously been convicted of a violent felony offensepunishable by a maximum punishment of less than 40 years; or (iii) 500percent in cases in which the defendant has previously been convicted of aviolent felony offense punishable by a maximum punishment of 40 years ormore, except that the recommended sentence for a defendant convicted of firstdegree murder who has previously been convicted of a violent felony offensepunishable by a maximum term of imprisonment of 40 years or more shall beimprisonment for life;
2. The midpoint of the initial recommended sentencing range for voluntarymanslaughter, robbery, aggravated malicious wounding, malicious wounding, andany burglary of a dwelling house or statutory burglary of a dwelling house orany burglary committed while armed with a deadly weapon or any statutoryburglary committed while armed with a deadly weapon shall be furtherincreased by (i) 100 percent in cases in which the defendant has no previousconviction of a violent felony offense, (ii) 300 percent in cases in whichthe defendant has previously been convicted of a violent felony offensepunishable by a maximum term of imprisonment of less than 40 years, or (iii)500 percent in cases in which the defendant has previously been convicted ofa violent felony offense punishable by a maximum term of imprisonment of 40years or more;
3. The midpoint of the initial recommended sentencing range formanufacturing, selling, giving or distributing, or possessing with the intentto manufacture, sell, give or distribute a Schedule I or II controlledsubstance shall be increased by (i) 200 percent in cases in which thedefendant has previously been convicted of a violent felony offensepunishable by a maximum punishment of less than 40 years or (ii) 400 percentin cases in which the defendant has previously been convicted of a violentfelony offense punishable by a maximum term of imprisonment of 40 years ormore; and
4. The midpoint of the initial recommended sentencing range for felonyoffenses not specified in subdivision 1, 2 or 3 shall be increased by 100percent in cases in which the defendant has previously been convicted of aviolent felony offense punishable by a maximum punishment of less than 40years, and by 300 percent in cases in which the defendant has previously beenconvicted of a violent felony offense punishable by a maximum term ofimprisonment of 40 years or more.
B. For purposes of this chapter, previous convictions shall include prioradult convictions and juvenile convictions and adjudications of delinquencybased on an offense which would have been at the time of conviction a felonyif committed by an adult under the laws of any state, the District ofColumbia, the United States or its territories.
C. For purposes of this chapter, violent felony offenses shall includesolicitation to commit murder under § 18.2-29; any violation of § 18.2-31,18.2-32, 18.2-32.1, 18.2-33, or 18.2-35; any violation of subsection B of §18.2-36.1; any violation of § 18.2-40, 18.2-41, 18.2-46.5, 18.2-46.6, or18.2-46.7; any Class 5 felony violation of § 18.2-47; any felony violation of§ 18.2-48, 18.2-48.1 or 18.2-49; any violation of § 18.2-51, 18.2-51.1,18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1,18.2-54.1, 18.2-54.2 or 18.2-55; any felony violation of § 18.2-57.2; anyviolation of § 18.2-58 or 18.2-58.1; any felony violation of § 18.2-60.1 or18.2-60.3; any violation of § 18.2-61, 18.2-64.1, 18.2-67.1, 18.2-67.2,former § 18.2-67.2:1, 18.2-67.3, 18.2-67.5, or 18.2-67.5:1 involving a thirdconviction of either sexual battery in violation of § 18.2-67.4 or attemptedsexual battery in violation of subsection C of § 18.2-67.5; any Class 4felony violation of § 18.2-63; any violation of subsection A of § 18.2-77;any Class 3 felony violation of § 18.2-79; any Class 3 felony violation of §18.2-80; any violation of § 18.2-89, 18.2-90, 18.2-91, 18.2-92 or 18.2-93;any felony violation of § 18.2-152.7; any Class 4 felony violation of §18.2-153; any Class 4 felony violation of § 18.2-154; any Class 4 felonyviolation of § 18.2-155; any felony violation of § 18.2-162; any violation of§ 18.2-279 involving an occupied dwelling; any violation of subsection B of §18.2-280; any violation of § 18.2-281, 18.2-286.1, 18.2-289 or 18.2-290; anyfelony violation of subsection A of § 18.2-282; any violation of subsection Aof § 18.2-300; any felony violation of §§ 18.2-308.1 and 18.2-308.2; anyviolation of § 18.2-308.2:1, or subsection M or N of § 18.2-308.2:2; anyviolation of § 18.2-308.3 or 18.2-312; any violation of subdivision (2) or(3) of § 18.2-355; any violation of former § 18.2-358; any violation ofsubsection B of § 18.2-361; any violation of subsection B of § 18.2-366; anyviolation of § 18.2-368, 18.2-370 or 18.2-370.1; any violation of subsectionA of § 18.2-371.1; any felony violation of § 18.2-369 resulting in seriousbodily injury or disease; any violation of § 18.2-374.1; any felony violationof § 18.2-374.1:1; any violation of § 18.2-374.3; any second or subsequentoffense under §§ 18.2-379 and 18.2-381; any felony violation of § 18.2-405 or18.2-406; any violation of § 18.2-408, 18.2-413, 18.2-414 or 18.2-433.2; anyfelony violation of § 18.2-460, 18.2-474.1 or 18.2-477.1; any violation of §18.2-477, 18.2-478, 18.2-480 or 18.2-485; any violation of § 53.1-203; or anyconspiracy or attempt to commit any offense specified in this subsection, andany substantially similar offense under the laws of any state, the Districtof Columbia, the United States or its territories.
(1994, 2nd Sp. Sess., cc. 1, 2, § 17-237; 1995, c. 482; 1998, cc. 277, 872;1999, c. 349; 2004, cc. 459, 866; 2005, c. 631.)
§ 17.1-805. Adoption of initial discretionary sentencing guideline midpoints.
A. The Commission shall adopt an initial set of discretionary felonysentencing guidelines which shall become effective on January 1, 1995. Theinitial recommended sentencing range for each felony offense shall bedetermined first, by computing the actual time-served distribution forsimilarly situated offenders, in terms of their conviction offense and priorcriminal history, released from incarceration during the base period ofcalendar years 1988 through 1992, increased by 13.4 percent, and second, byeliminating from this range the upper and lower quartiles. The midpoint ofeach initial recommended sentencing range shall be the median time served forthe middle two quartiles and subject to the following additional enhancements:
1. The midpoint of the initial recommended sentencing range for first degreemurder, second degree murder, rape in violation of § 18.2-61, forciblesodomy, object sexual penetration, and aggravated sexual battery, shall befurther increased by (i) 125 percent in cases in which the defendant has noprevious conviction of a violent felony offense; (ii) 300 percent in cases inwhich the defendant has previously been convicted of a violent felony offensepunishable by a maximum punishment of less than 40 years; or (iii) 500percent in cases in which the defendant has previously been convicted of aviolent felony offense punishable by a maximum punishment of 40 years ormore, except that the recommended sentence for a defendant convicted of firstdegree murder who has previously been convicted of a violent felony offensepunishable by a maximum term of imprisonment of 40 years or more shall beimprisonment for life;
2. The midpoint of the initial recommended sentencing range for voluntarymanslaughter, robbery, aggravated malicious wounding, malicious wounding, andany burglary of a dwelling house or statutory burglary of a dwelling house orany burglary committed while armed with a deadly weapon or any statutoryburglary committed while armed with a deadly weapon shall be furtherincreased by (i) 100 percent in cases in which the defendant has no previousconviction of a violent felony offense, (ii) 300 percent in cases in whichthe defendant has previously been convicted of a violent felony offensepunishable by a maximum term of imprisonment of less than 40 years, or (iii)500 percent in cases in which the defendant has previously been convicted ofa violent felony offense punishable by a maximum term of imprisonment of 40years or more;
3. The midpoint of the initial recommended sentencing range formanufacturing, selling, giving or distributing, or possessing with the intentto manufacture, sell, give or distribute a Schedule I or II controlledsubstance shall be increased by (i) 200 percent in cases in which thedefendant has previously been convicted of a violent felony offensepunishable by a maximum punishment of less than 40 years or (ii) 400 percentin cases in which the defendant has previously been convicted of a violentfelony offense punishable by a maximum term of imprisonment of 40 years ormore; and
4. The midpoint of the initial recommended sentencing range for felonyoffenses not specified in subdivision 1, 2 or 3 shall be increased by 100percent in cases in which the defendant has previously been convicted of aviolent felony offense punishable by a maximum punishment of less than 40years, and by 300 percent in cases in which the defendant has previously beenconvicted of a violent felony offense punishable by a maximum term ofimprisonment of 40 years or more.
B. For purposes of this chapter, previous convictions shall include prioradult convictions and juvenile convictions and adjudications of delinquencybased on an offense which would have been at the time of conviction a felonyif committed by an adult under the laws of any state, the District ofColumbia, the United States or its territories.
C. For purposes of this chapter, violent felony offenses shall includesolicitation to commit murder under § 18.2-29; any violation of § 18.2-31,18.2-32, 18.2-32.1, 18.2-33, or 18.2-35; any violation of subsection B of §18.2-36.1; any violation of § 18.2-40, 18.2-41, 18.2-46.5, 18.2-46.6, or18.2-46.7; any Class 5 felony violation of § 18.2-47; any felony violation of§ 18.2-48, 18.2-48.1 or 18.2-49; any violation of § 18.2-51, 18.2-51.1,18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1,18.2-54.1, 18.2-54.2 or 18.2-55; any felony violation of § 18.2-57.2; anyviolation of § 18.2-58 or 18.2-58.1; any felony violation of § 18.2-60.1 or18.2-60.3; any violation of § 18.2-61, 18.2-64.1, 18.2-67.1, 18.2-67.2,former § 18.2-67.2:1, 18.2-67.3, 18.2-67.5, or 18.2-67.5:1 involving a thirdconviction of either sexual battery in violation of § 18.2-67.4 or attemptedsexual battery in violation of subsection C of § 18.2-67.5; any Class 4felony violation of § 18.2-63; any violation of subsection A of § 18.2-77;any Class 3 felony violation of § 18.2-79; any Class 3 felony violation of §18.2-80; any violation of § 18.2-89, 18.2-90, 18.2-91, 18.2-92 or 18.2-93;any felony violation of § 18.2-152.7; any Class 4 felony violation of §18.2-153; any Class 4 felony violation of § 18.2-154; any Class 4 felonyviolation of § 18.2-155; any felony violation of § 18.2-162; any violation of§ 18.2-279 involving an occupied dwelling; any violation of subsection B of §18.2-280; any violation of § 18.2-281, 18.2-286.1, 18.2-289 or 18.2-290; anyfelony violation of subsection A of § 18.2-282; any violation of subsection Aof § 18.2-300; any felony violation of §§ 18.2-308.1 and 18.2-308.2; anyviolation of § 18.2-308.2:1, or subsection M or N of § 18.2-308.2:2; anyviolation of § 18.2-308.3 or 18.2-312; any violation of subdivision (2) or(3) of § 18.2-355; any violation of former § 18.2-358; any violation ofsubsection B of § 18.2-361; any violation of subsection B of § 18.2-366; anyviolation of § 18.2-368, 18.2-370 or 18.2-370.1; any violation of subsectionA of § 18.2-371.1; any felony violation of § 18.2-369 resulting in seriousbodily injury or disease; any violation of § 18.2-374.1; any felony violationof § 18.2-374.1:1; any violation of § 18.2-374.3; any second or subsequentoffense under §§ 18.2-379 and 18.2-381; any felony violation of § 18.2-405 or18.2-406; any violation of § 18.2-408, 18.2-413, 18.2-414 or 18.2-433.2; anyfelony violation of § 18.2-460, 18.2-474.1 or 18.2-477.1; any violation of §18.2-477, 18.2-478, 18.2-480 or 18.2-485; any violation of § 53.1-203; or anyconspiracy or attempt to commit any offense specified in this subsection, andany substantially similar offense under the laws of any state, the Districtof Columbia, the United States or its territories.
(1994, 2nd Sp. Sess., cc. 1, 2, § 17-237; 1995, c. 482; 1998, cc. 277, 872;1999, c. 349; 2004, cc. 459, 866; 2005, c. 631.)
§ 17.1-805. Adoption of initial discretionary sentencing guideline midpoints.
A. The Commission shall adopt an initial set of discretionary felonysentencing guidelines which shall become effective on January 1, 1995. Theinitial recommended sentencing range for each felony offense shall bedetermined first, by computing the actual time-served distribution forsimilarly situated offenders, in terms of their conviction offense and priorcriminal history, released from incarceration during the base period ofcalendar years 1988 through 1992, increased by 13.4 percent, and second, byeliminating from this range the upper and lower quartiles. The midpoint ofeach initial recommended sentencing range shall be the median time served forthe middle two quartiles and subject to the following additional enhancements:
1. The midpoint of the initial recommended sentencing range for first degreemurder, second degree murder, rape in violation of § 18.2-61, forciblesodomy, object sexual penetration, and aggravated sexual battery, shall befurther increased by (i) 125 percent in cases in which the defendant has noprevious conviction of a violent felony offense; (ii) 300 percent in cases inwhich the defendant has previously been convicted of a violent felony offensepunishable by a maximum punishment of less than 40 years; or (iii) 500percent in cases in which the defendant has previously been convicted of aviolent felony offense punishable by a maximum punishment of 40 years ormore, except that the recommended sentence for a defendant convicted of firstdegree murder who has previously been convicted of a violent felony offensepunishable by a maximum term of imprisonment of 40 years or more shall beimprisonment for life;
2. The midpoint of the initial recommended sentencing range for voluntarymanslaughter, robbery, aggravated malicious wounding, malicious wounding, andany burglary of a dwelling house or statutory burglary of a dwelling house orany burglary committed while armed with a deadly weapon or any statutoryburglary committed while armed with a deadly weapon shall be furtherincreased by (i) 100 percent in cases in which the defendant has no previousconviction of a violent felony offense, (ii) 300 percent in cases in whichthe defendant has previously been convicted of a violent felony offensepunishable by a maximum term of imprisonment of less than 40 years, or (iii)500 percent in cases in which the defendant has previously been convicted ofa violent felony offense punishable by a maximum term of imprisonment of 40years or more;
3. The midpoint of the initial recommended sentencing range formanufacturing, selling, giving or distributing, or possessing with the intentto manufacture, sell, give or distribute a Schedule I or II controlledsubstance shall be increased by (i) 200 percent in cases in which thedefendant has previously been convicted of a violent felony offensepunishable by a maximum punishment of less than 40 years or (ii) 400 percentin cases in which the defendant has previously been convicted of a violentfelony offense punishable by a maximum term of imprisonment of 40 years ormore; and
4. The midpoint of the initial recommended sentencing range for felonyoffenses not specified in subdivision 1, 2 or 3 shall be increased by 100percent in cases in which the defendant has previously been convicted of aviolent felony offense punishable by a maximum punishment of less than 40years, and by 300 percent in cases in which the defendant has previously beenconvicted of a violent felony offense punishable by a maximum term ofimprisonment of 40 years or more.
B. For purposes of this chapter, previous convictions shall include prioradult convictions and juvenile convictions and adjudications of delinquencybased on an offense which would have been at the time of conviction a felonyif committed by an adult under the laws of any state, the District ofColumbia, the United States or its territories.
C. For purposes of this chapter, violent felony offenses shall includesolicitation to commit murder under § 18.2-29; any violation of § 18.2-31,18.2-32, 18.2-32.1, 18.2-33, or 18.2-35; any violation of subsection B of §18.2-36.1; any violation of § 18.2-40, 18.2-41, 18.2-46.5, 18.2-46.6, or18.2-46.7; any Class 5 felony violation of § 18.2-47; any felony violation of§ 18.2-48, 18.2-48.1 or 18.2-49; any violation of § 18.2-51, 18.2-51.1,18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1,18.2-54.1, 18.2-54.2 or 18.2-55; any felony violation of § 18.2-57.2; anyviolation of § 18.2-58 or 18.2-58.1; any felony violation of § 18.2-60.1 or18.2-60.3; any violation of § 18.2-61, 18.2-64.1, 18.2-67.1, 18.2-67.2,former § 18.2-67.2:1, 18.2-67.3, 18.2-67.5, or 18.2-67.5:1 involving a thirdconviction of either sexual battery in violation of § 18.2-67.4 or attemptedsexual battery in violation of subsection C of § 18.2-67.5; any Class 4felony violation of § 18.2-63; any violation of subsection A of § 18.2-77;any Class 3 felony violation of § 18.2-79; any Class 3 felony violation of §18.2-80; any violation of § 18.2-89, 18.2-90, 18.2-91, 18.2-92 or 18.2-93;any felony violation of § 18.2-152.7; any Class 4 felony violation of §18.2-153; any Class 4 felony violation of § 18.2-154; any Class 4 felonyviolation of § 18.2-155; any felony violation of § 18.2-162; any violation of§ 18.2-279 involving an occupied dwelling; any violation of subsection B of §18.2-280; any violation of § 18.2-281, 18.2-286.1, 18.2-289 or 18.2-290; anyfelony violation of subsection A of § 18.2-282; any violation of subsection Aof § 18.2-300; any felony violation of §§ 18.2-308.1 and 18.2-308.2; anyviolation of § 18.2-308.2:1, or subsection M or N of § 18.2-308.2:2; anyviolation of § 18.2-308.3 or 18.2-312; any violation of subdivision (2) or(3) of § 18.2-355; any violation of former § 18.2-358; any violation ofsubsection B of § 18.2-361; any violation of subsection B of § 18.2-366; anyviolation of § 18.2-368, 18.2-370 or 18.2-370.1; any violation of subsectionA of § 18.2-371.1; any felony violation of § 18.2-369 resulting in seriousbodily injury or disease; any violation of § 18.2-374.1; any felony violationof § 18.2-374.1:1; any violation of § 18.2-374.3; any second or subsequentoffense under §§ 18.2-379 and 18.2-381; any felony violation of § 18.2-405 or18.2-406; any violation of § 18.2-408, 18.2-413, 18.2-414 or 18.2-433.2; anyfelony violation of § 18.2-460, 18.2-474.1 or 18.2-477.1; any violation of §18.2-477, 18.2-478, 18.2-480 or 18.2-485; any violation of § 53.1-203; or anyconspiracy or attempt to commit any offense specified in this subsection, andany substantially similar offense under the laws of any state, the Districtof Columbia, the United States or its territories.
(1994, 2nd Sp. Sess., cc. 1, 2, § 17-237; 1995, c. 482; 1998, cc. 277, 872;1999, c. 349; 2004, cc. 459, 866; 2005, c. 631.)
