SECTION 17.1-805. Adoption of initial discretionary sentencing guideline midpoints  

A. The Commission shall adopt an initial set of discretionary felony sentencing guidelines which shall become effective on January 1, 1995. The initial recommended sentencing range for each felony offense shall be determined first, by computing the actual time-served distribution for similarly situated offenders, in terms of their conviction offense and prior criminal history, released from incarceration during the base period of calendar years 1988 through 1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles. The midpoint of each initial recommended sentencing range shall be the median time served for the middle two quartiles and subject to the following additional enhancements:

1. The midpoint of the initial recommended sentencing range for first degree murder, second degree murder, rape in violation of § 18.2-61 , forcible sodomy, object sexual penetration, and aggravated sexual battery shall be further increased by (i) 125 percent in cases in which the defendant has no previous conviction of a violent felony offense; (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years; or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of 40 years or more, except that the recommended sentence for a defendant convicted of first degree murder who has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more shall be imprisonment for life;

2. The midpoint of the initial recommended sentencing range for voluntary manslaughter, robbery, aggravated malicious wounding, malicious wounding, and any burglary of a dwelling house or statutory burglary of a dwelling house or any burglary committed while armed with a deadly weapon or any statutory burglary committed while armed with a deadly weapon shall be further increased by (i) 100 percent in cases in which the defendant has no previous conviction of a violent felony offense, (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable 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 of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more;

3. The midpoint of the initial recommended sentencing range for manufacturing, selling, giving, or distributing, or possessing with the intent to manufacture, sell, give, or distribute a Schedule I or II controlled substance, shall be increased by (i) 200 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years or (ii) 400 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more; and

4. The midpoint of the initial recommended sentencing range for felony offenses not specified in subdivision 1, 2, or 3 shall be increased by 100 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years and by 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more.

B. For purposes of this chapter, previous convictions shall include prior adult convictions and juvenile convictions and adjudications of delinquency based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, or the United States or its territories.

C. For purposes of this chapter, violent felony offenses shall include any felony violation of § 18.2-61 ; solicitation to commit murder under § 18.2-61 ; any violation of § 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , or 18.2-61 ; any violation of subsection B of § 18.2-61 ; any violation of § 18.2-61 or 18.2-61 ; any violation of clause (c)(i) or (ii) of subsection B of § 18.2-61 ; any violation of § 18.2-61 , 18.2-61 , or 18.2-61 ; any Class 5 felony violation of § 18.2-61 ; any felony violation of § 18.2-61 , 18.2-61 , or 18.2-61 ; any violation of § 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , or 18.2-61 ; any violation of subsection B of § 18.2-61 ; any felony violation of § 18.2-61 ; any violation of § 18.2-61 or 18.2-61 ; any felony violation of § 18.2-61 , 18.2-61 , or 18.2-61 ; any violation of § 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , former § 18.2-61 , 18.2-61 , 18.2-61 , or 18.2-61 involving a third conviction of either sexual battery in violation of § 18.2-61 or attempted sexual battery in violation of subsection C of § 18.2-61 ; any Class 4 felony violation of § 18.2-61 ; any violation of subsection A of § 18.2-61 ; any violation of subsection A of § 18.2-61 ; any Class 3 felony violation of § 18.2-61 ; any Class 3 felony violation of § 18.2-61 ; any violation of § 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , or 18.2-61 ; any felony violation of § 18.2-61 ; any Class 4 felony violation of § 18.2-61 ; any Class 4 felony violation of § 18.2-61 ; any Class 4 felony violation of § 18.2-61 ; any felony violation of § 18.2-61 ; any violation of § 18.2-61 involving an occupied dwelling; any felony violation of subsection A or B of § 18.2-61 ; any violation of § 18.2-61 ; any felony violation of subsection A of § 18.2-61 ; any felony violation of § 18.2-61 ; any violation of § 18.2-61 , 18.2-61 , 18.2-61 , or 18.2-61 ; any violation of subsection A of § 18.2-61 ; any felony violation of subsection C of § 18.2-61 or § 18.2-61 ; any violation of § 18.2-61 or subsection M or N of § 18.2-61 ; any violation of § 18.2-61 or 18.2-61 ; any felony violation of § 18.2-61 , 18.2-61 , or 18.2-61 ; any violation of § 18.2-61 , 18.2-61 , 18.2-61 , or 18.2-61 ; any violation of former § 18.2-61 ; any violation of subsection B of § 18.2-61 ; any violation of subsection B of § 18.2-61 ; any violation of § 18.2-61 , 18.2-61 , or 18.2-61 ; any violation of subsection A of § 18.2-61 ; any felony violation of § 18.2-61 resulting in serious bodily injury or disease; any violation of § 18.2-61 ; any felony violation of § 18.2-61 ; any violation of § 18.2-61 or 18.2-61 ; any second or subsequent offense under §§ 18.2-61 and 18.2-61 ; any felony violation of § 18.2-61 or 18.2-61 ; any violation of § 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , or 18.2-61 ; any felony violation of § 18.2-61 , 18.2-61 , or 18.2-61 ; any violation of § 18.2-61 , 18.2-61 , 18.2-61 , 18.2-61 , or 18.2-61 ; any violation of § 18.2-61 ; any violation of § 18.2-61 ; any violation of § 18.2-61 ; any conspiracy or attempt to commit any offense specified in this subsection, or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories.

1994, 2nd Sp. Sess., cc. 18.2-61 , 18.2-61 , § 17-237; 1995, c. 18.2-61 ; 1998, cc. 18.2-61 , 18.2-61 ; 1999, c. 18.2-61 ; 2004, cc. 18.2-61 , 18.2-61 ; 2005, c. 18.2-61 ; 2011, c. 18.2-61 ; 2013, cc. 18.2-61 , 18.2-61 ; 2015, cc. 18.2-61 , 18.2-61 ; 2019, c. 18.2-61 .