Code of Virginia - Title 18.2 Crimes And Offenses Generally - Chapter 4 Crimes Against The Person

  • 18.2-30 Murder and manslaughter declared felonies
    Any person who commits capital murder, murder of the first degree, murder of the second degree, voluntary manslaughter, or involuntary manslaughter, shall be guilty of ...
  • 18.2-31 Capital murder defined; punishment
    The following offenses shall constitute capital murder, punishable as a Class 1 felony: 1. The willful, deliberate, and premeditated killing of any person in the ...
  • 18.2-32 First and second degree murder defined; punishment
    Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, ...
  • 18.2-32.1 Murder of a pregnant woman; penalty
    The willful and deliberate killing of a pregnant woman without premeditation by one who knows that the woman is pregnant and has the intent to ...
  • 18.2-32.2 Killing a fetus; penalty
    A. Any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony. B. Any ...
  • 18.2-33 Felony homicide defined; punishment
    The killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other than those specified in ...
  • 18.2-34 Description unavailable
    Reserved. ...
  • 18.2-35 How voluntary manslaughter punished
    Voluntary manslaughter is punishable as a Class 5 felony. (Code 1950, § 18.1-24; 1960, c. 358; 1972, cc. 14, 15.) ...
  • 18.2-36 How involuntary manslaughter punished
    Involuntary manslaughter is punishable as a Class 5 felony. (Code 1950, § 18.1-25; 1960, c. 358; 1975, cc. 14, 15; 1982, c. 301.) ...
  • 18.2-36.1 Certain conduct punishable as involuntary manslaughter
    A. Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of § 18.2-266 or any ...
  • 18.2-36.2 Involuntary manslaughter; operating a watercraft while under the influence; penalties.
    A. Any person who, as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of ...
  • 18.2-37 How and where homicide prosecuted and punished if death occur without the Commonwealth
    If any person be stricken or poisoned in this Commonwealth, and die by reason thereof out of this Commonwealth, the offender shall be as guilty, ...
  • 18.2-38 "Mob" defined
    Any collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person or an act ...
  • 18.2-39 "Lynching" defined
    Any act of violence by a mob upon the body of any person, which shall result in the death of such person, shall constitute a ...
  • 18.2-40 Lynching deemed murder
    Every lynching shall be deemed murder. Any and every person composing a mob and any and every accessory thereto, by which any person is lynched, ...
  • 18.2-41 Shooting, stabbing, etc., with intent to maim, kill, etc., by mob
    Any and every person composing a mob which shall maliciously or unlawfully shoot, stab, cut or wound any person, or by any means cause him ...
  • 18.2-42 Assault or battery by mob
    Any and every person composing a mob which shall commit a simple assault or battery shall be guilty of a Class 1 misdemeanor. (Code 1950, ...
  • 18.2-42.1 Acts of violence by mob
    Any and every person composing a mob which commits an act of violence as defined in § 19.2-297.1 shall be guilty of that act of ...
  • 18.2-43 Apprehension and prosecution of participants in lynching
    The attorney for the Commonwealth of any county or city in which a lynching may occur shall promptly and diligently endeavor to ascertain the identity ...
  • 18.2-44 Civil liability for lynching
    No provisions of this article shall be construed to relieve any member of a mob from civil liability to the personal representative of the victim ...
  • 18.2-45 Persons suffering death from mob attempting to lynch another person
    Every person suffering death from a mob attempting to lynch another person shall come within the provisions of this article, and his personal representative shall ...
  • 18.2-46 Venue
    Venue for all actions and prosecutions under any of the provisions of this article shall be in the county or city wherein a lynching or ...
  • 18.2-46.1 Definitions
    As used in this article unless the context requires otherwise or it is otherwise provided: "Act of violence" means those felony offenses described in subsection ...
  • 18.2-46.2 Prohibited criminal street gang participation; penalty
    A. Any person who actively participates in or is a member of a criminal street gang and who knowingly and willfully participates in any predicate ...
  • 18.2-46.3 Recruitment of persons for criminal street gang; penalty
    A. Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause another to actively participate in or become a member of ...
  • 18.2-46.3:1 Third or subsequent conviction of criminal street gang crimes
    Upon a felony conviction of § 18.2-46.2 or § 18.2-46.3, where it is alleged in the warrant, information or indictment on which a person is ...
  • 18.2-46.3:2 Forfeiture
    All property, both personal and real, of any kind or character used in substantial connection with, intended for use in the course of, derived from, ...
  • 18.2-46.3:3 Enhanced punishment for gang activity taking place in a school zone; penalties
    Any person who violates § 18.2-46.2 (i) upon the property, including buildings and grounds, of any public or private elementary, secondary, or postsecondary school, or ...
  • 18.2-46.4 Definitions
    As used in this article unless the context requires otherwise or it is otherwise provided: "Act of terrorism" means an act of violence as defined ...
  • 18.2-46.5 Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty
    A. Any person who commits or conspires to commit, or aids and abets the commission of an act of terrorism, as defined in § 18.2-46.4, ...
  • 18.2-46.6 Possession, manufacture, distribution, etc. of weapon of terrorism or hoax device prohibited; penal...
    A. Any person who, with the intent to commit an act of terrorism, possesses, uses, sells, gives, distributes or manufactures (i) a weapon of terrorism ...
  • 18.2-46.7 Act of bioterrorism against agricultural crops or animals; penalty
    Any person who maliciously destroys or devastates agricultural crops or agricultural animals having a value of $2,500 or more through the use of an infectious ...
  • 18.2-46.8 Venue
    Venue for any violation of this article may be had in the county or city where such crime is alleged to have occurred or where ...
  • 18.2-46.9 Description unavailable
    Repealed by Acts 2004, c. 995. ...
  • 18.2-46.10 Violation of sections within article separate and distinct offenses
    A violation of any section in this article shall constitute a separate and distinct offense. If the acts or activities violating any section within this ...
  • 18.2-47 Abduction and kidnapping defined; punishment
    A. Any person, who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes the person of another, ...
  • 18.2-48 Abduction with intent to extort money or for immoral purpose
    Abduction (i) with the intent to extort money or pecuniary benefit, (ii) of any person with intent to defile such person, or (iii) of any ...
  • 18.2-48.1 Abduction by prisoners; penalty
    Any prisoner in a state, local or community correctional facility, or in the custody of an employee thereof, or who has escaped from any such ...
  • 18.2-49 Threatening, attempting or assisting in such abduction
    Any person who (1) threatens, or attempts, to abduct any other person with intent to extort money, or pecuniary benefit, or (2) assists or aids ...
  • 18.2-49.1 Violation of court order regarding custody and visitation; penalty
    A. Any person who knowingly, wrongfully and intentionally withholds a child from either of a child's parents or other legal guardian in a clear and ...
  • 18.2-50 Disclosure of information and assistance to law-enforcement officers required
    Whenever it is brought to the attention of the members of the immediate family of any person that such person has been abducted, or that ...
  • 18.2-50.1 Description unavailable
    Repealed by Acts 1992, c. 479. ...
  • 18.2-50.2 Emergency control of telephone service in hostage or barricaded person situation
    A. The Superintendent of the State Police or the chief law-enforcement officer or sheriff of any county, city or town may designate one or more ...
  • 18.2-51 Shooting, stabbing, etc., with intent to maim, kill, etc
    If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, ...
  • 18.2-51.1 Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or ...
    If any person maliciously causes bodily injury to another by any means including the means set out in § 18.2-52, with intent to maim, disfigure, ...
  • 18.2-51.2 Aggravated malicious wounding; penalty
    A. If any person maliciously shoots, stabs, cuts or wounds any other person, or by any means causes bodily injury, with the intent to maim, ...
  • 18.2-51.3 Prohibition against reckless endangerment of others by throwing objects from places higher than on...
    A. It shall be unlawful for any person, with the intent to cause injury to another, to intentionally throw from a balcony, roof top, or ...
  • 18.2-51.4 Maiming, etc., of another resulting from driving while intoxicated
    A. Any person who, as a result of driving while intoxicated in violation of § 18.2-266 or any local ordinance substantially similar thereto in a ...
  • 18.2-51.5 Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty...
    A. Any person who, as a result of operating a watercraft or motorboat in violation of subsection B of § 29.1-738 or a similar local ...
  • 18.2-52 Malicious bodily injury by means of any caustic substance or agent or use of any explosive or fir...
    If any person maliciously causes any other person bodily injury by means of any acid, lye or other caustic substance or agent or use of ...
  • 18.2-52.1 Possession of infectious biological substances or radiological agents; penalties
    A. Any person who possesses, with the intent thereby to injure another, an infectious biological substance or radiological agent is guilty of a Class 5 ...
  • 18.2-53 Shooting, etc., in committing or attempting a felony
    If any person, in the commission of, or attempt to commit, felony, unlawfully shoot, stab, cut or wound another person he shall be guilty of ...
  • 18.2-53.1 Use or display of firearm in committing felony
    It shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in ...
  • 18.2-54 Conviction of lesser offenses under certain indictments
    On any indictment for maliciously shooting, stabbing, cutting or wounding a person or by any means causing him bodily injury, with intent to maim, disfigure, ...
  • 18.2-54.1 Attempts to poison
    If any person administers or attempts to administer any poison or destructive substance in food, drink, prescription or over-the-counter medicine, or otherwise, or poisons any ...
  • 18.2-54.2 Adulteration of food, drink, drugs, cosmetics, etc.; penalty
    Any person who adulterates or causes to be adulterated any food, drink, prescription or over-the-counter medicine, cosmetic or other substance with the intent to kill ...
  • 18.2-55 Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probatio...
    A. It shall be unlawful for a person confined in a state, local or regional correctional facility as defined in § 53.1-1; in a secure ...
  • 18.2-55.1 Hazing of youth gang members unlawful; criminal liability
    It shall be unlawful to cause bodily injury by hazing (i) any member of a criminal street gang as defined in § 18.2-46.1, or (ii) ...
  • 18.2-56 Hazing unlawful; civil and criminal liability; duty of school, etc., officials
    It shall be unlawful to haze so as to cause bodily injury, any student at any school, college, or university. Any person found guilty thereof ...
  • 18.2-56.1 Reckless handling of firearms; reckless handling while hunting
    A. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. ...
  • 18.2-56.2 Allowing access to firearms by children; penalty
    A. It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or ...
  • 18.2-57 Assault and battery
    A. Any person who commits a simple assault or assault and battery shall be guilty of a Class 1 misdemeanor, and if the person intentionally ...
  • 18.2-57.01 Pointing laser at law-enforcement officer unlawful; penalty
    If any person, knowing or having reason to know another person is a law-enforcement officer as defined in § 18.2-57, a probation or parole officer ...
  • 18.2-57.02 Disarming a law-enforcement or correctional officer; penalty
    Any person who knows or has reason to know a person is a law-enforcement officer as defined in § 18.2-57, a correctional officer as defined ...
  • 18.2-57.1 Description unavailable
    Repealed by Acts 1997, c. 833. ...
  • 18.2-57.2 Assault and battery against a family or household member; penalty
    A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor. B. Upon a ...
  • 18.2-57.3 Persons charged with first offense of assault and battery against a family or household member may ...
    When a person who is no younger than 18 years of age or who is considered an adult at the time of the proceeding and ...
  • 18.2-57.4 Reporting findings of assault and battery to military family advocacy representatives
    If any active duty member of the United States Armed Forces is found guilty of a violation of § 18.2-57.2 or § 18.2-57.3, the court ...
  • 18.2-58 How punished
    If any person commit robbery by partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault ...
  • 18.2-58.1 Carjacking; penalty
    A. Any person who commits carjacking, as herein defined, shall be guilty of a felony punishable by imprisonment for life or a term not less ...
  • 18.2-59 Extortion of money, property or pecuniary benefit
    Any person who (i) threatens injury to the character, person, or property of another person, (ii) accuses him of any offense, (iii) threatens to report ...
  • 18.2-60 Threats of death or bodily injury to a person or member of his family; threats to commit serious bo...
    A. 1. Any person who knowingly communicates, in a writing, including an electronically transmitted communication producing a visual or electronic message, a threat to kill ...
  • 18.2-60.1 Threatening the Governor or his immediate family
    Any person who shall knowingly and willfully send, deliver or convey, or cause to be sent, delivered or conveyed, to the Governor or his immediate ...
  • 18.2-60.2 Members of the Governor's immediate family
    As used in § 18.2-60.1, the immediate family of the Governor shall include any parent, sibling, child, grandchild, spouse, parent of a spouse, and spouse ...
  • 18.2-60.3 Stalking; penalty
    A. Any person, except a law-enforcement officer, as defined in § 9.1-101, and acting in the performance of his official duties, and a registered private ...
  • 18.2-60.4 Violation of stalking protective orders; penalty
    Any person who violates any provision of a protective order issued pursuant to §§ 19.2-152.8, 19.2-152.9 or § 19.2-152.10 is guilty of a Class 1 ...
  • 18.2-61 Rape
    A. If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or ...
  • 18.2-62 Testing of certain persons for human immunodeficiency virus or hepatitis B or C viruses
    A. As soon as practicable following arrest, the attorney for the Commonwealth may request, after consultation with any complaining witness, that any person charged with ...
  • 18.2-63 Carnal knowledge of child between thirteen and fifteen years of age
    A. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, ...
  • 18.2-63.1 Death of victim
    When the death of the victim occurs in connection with an offense under this article, it shall be immaterial in the prosecution thereof whether the ...
  • 18.2-64 Description unavailable
    Repealed by Acts 1981, c. 397. ...
  • 18.2-64.1 Carnal knowledge of certain minors
    If any person providing services, paid or unpaid, to juveniles under the purview of the Juvenile and Domestic Relations District Court Law, or to juveniles ...
  • 18.2-64.2 Carnal knowledge of an inmate, parolee, probationer, detainee or pretrial or posttrial offender; pe...
    An accused shall be guilty of carnal knowledge of an inmate, parolee, probationer, detainee, or pretrial defendant or posttrial offender if he or she is ...
  • 18.2-65 Description unavailable
    Repealed by Acts 1981, c. 397. ...
  • 18.2-66 Description unavailable
    Repealed by Acts 2008, cc. 174 and 206, cl. 2. ...
  • 18.2-67 Depositions of complaining witnesses in cases of criminal sexual assault and attempted criminal sex...
    Before or during the trial for an offense or attempted offense under this article, the judge of the court in which the case is pending, ...
  • 18.2-67.01 Description unavailable
    Not in effect. ...
  • 18.2-67.1 Forcible sodomy
    A. An accused shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anilingus, or anal intercourse with a complaining witness ...
  • 18.2-67.2 Object sexual penetration; penalty
    A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a ...
  • 18.2-67.2:1 Description unavailable
    Repealed by Acts 2005, c. 631, cl. 2. ...
  • 18.2-67.3 Aggravated sexual battery; penalty
    A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and 1. The complaining witness is ...
  • 18.2-67.4 Sexual battery
    A. An accused is guilty of sexual battery if he sexually abuses, as defined in § 18.2-67.10, (i) the complaining witness against the will of ...
  • 18.2-67.4:1 Infected sexual battery; penalty
    A. Any person who, knowing he is infected with HIV, syphilis, or hepatitis B, has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with the ...
  • 18.2-67.4:2 Sexual abuse of a child under 15 years of age; penalty.
    Any adult who, with lascivious intent, commits an act of sexual abuse, as defined in § 18.2-67.10, with any child 13 years of age or ...
  • 18.2-67.5 Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual b...
    A. An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration shall be punishable as a Class 4 felony. B. An ...
  • 18.2-67.5:1 Punishment upon conviction of third misdemeanor offense
    When a person is convicted of sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of subsection C of § 18.2-67.5, a ...
  • 18.2-67.5:2 Punishment upon conviction of certain subsequent felony sexual assault
    A. Any person convicted of (i) more than one offense specified in subsection B or (ii) one of the offenses specified in subsection B of ...
  • 18.2-67.5:3 Punishment upon conviction of certain subsequent violent felony sexual assault
    A. Any person convicted of more than one offense specified in subsection B, when such offenses were not part of a common act, transaction or ...
  • 18.2-67.6 Proof of physical resistance not required
    The Commonwealth need not demonstrate that the complaining witness cried out or physically resisted the accused in order to convict the accused of an offense ...
  • 18.2-67.7 Admission of evidence
    A. In prosecutions under this article, or under § 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion evidence of the complaining witness's unchaste character or ...
  • 18.2-67.8 Closed preliminary hearings
    In preliminary hearings for offenses charged under this article or under §§ 18.2-361, 18.2-366, 18.2-370 or § 18.2-370.1, the court may, on its own motion ...
  • 18.2-67.9 Testimony by child victims and witnesses using two-way closed-circuit television
    A. The provisions of this section shall apply to an alleged victim who was fourteen years of age or under at the time of the ...
  • 18.2-67.10 General definitions
    As used in this article: 1. "Complaining witness" means the person alleged to have been subjected to rape, forcible sodomy, inanimate or animate object sexual ...
  • 18.2-68 through 18.2-70
    Repealed by Acts 1994, c. 59. ...
  • 18.2-71 Producing abortion or miscarriage, etc.; penalty
    Except as provided in other sections of this article, if any person administer to, or cause to be taken by a woman, any drug or ...
  • 18.2-71.1 Partial birth infanticide; penalty
    A. Any person who knowingly performs partial birth infanticide and thereby kills a human infant is guilty of a Class 4 felony. B. For the ...
  • 18.2-72 When abortion lawful during first trimester of pregnancy
    Notwithstanding any of the provisions of § 18.2-71, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and ...
  • 18.2-73 When abortion lawful during second trimester of pregnancy
    Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of § 18.2-72, it shall be lawful for any physician licensed ...
  • 18.2-74 When abortion or termination of pregnancy lawful after second trimester of pregnancy
    Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of §§ 18.2-72 and 18.2-73, it shall be lawful for any ...
  • 18.2-74.1 Abortion, etc., when necessary to save life of woman
    In the event it is necessary for a licensed physician to terminate a human pregnancy or assist in the termination of a human pregnancy by ...
  • 18.2-74.2 Description unavailable
    Repealed by Acts 2003, cc. 961 and 963. ...
  • 18.2-75 Conscience clause
    Nothing in §§ 18.2-72, 18.2-73 or § 18.2-74 shall require a hospital or other medical facility or physician to admit any patient under the provisions ...
  • 18.2-76 Informed written consent required; civil penalty
    A. Before performing any abortion or inducing any miscarriage or terminating a pregnancy as provided in §§ 18.2-72, 18.2-73 or § 18.2-74, the physician shall ...
  • 18.2-76.1 Encouraging or promoting abortion
    If any person, by publication, lecture, advertisement, or by the sale or circulation of any publication, or through the use of a referral agency for ...
  • 18.2-76.2 Description unavailable
    Not set out. (1975, cc. 14, 15.) ...

Last modified: April 3, 2009