Virginia Criminal Law Flashcards
1
Q
An accessory after the fact is this type of person:
A
This person 1) knows a felony has been committed and 2) thereby aids/assists a principal in the first degree/accessory before the fact 3) avoid/escape prosecution
2
Q
A principal in the second degree is this type of person:
A
This person is present at the commission of a crime and share’s the intent that the crime be committed or aids/abets/encourages/assists/advises principal
3
Q
Agreement to commit a felony is sufficient for this:
A
Conspiracy does not require an overt act to be performed, this is sufficient:
4
Q
The crime of arson is what type of crime?
A
This is a malice crime requiring 1) a reckless disregard 2) of high-risk harm
5
Q
A mistake of fact must be reasonable to be a defense to what?
A
This must be reasonable to be a defense to general-intent or malice crimes
6
Q
Murder by poison is statutorily defined as:
A
This type of murder is defined as murder in the first degree in Virginia
7
Q
A Motion to Strike at end of Commonwealth’s evidence argues this:
A
This argues that, viewed in a light most favorable to Commonwealth, evidence would be insufficient to sustain conviction
8
Q
Motion to Strike after Commonwealth Argues: Standard
A
The standard for this motion is: Evidence viewed in the light most favorable to Commonwealth (may give evidence more/less weight)
9
Q
Conspiracy is this and does not require:
A
This is an agreement between 2 or more persons by concerted action to commit crime, does not require proof of an overt act in furtherance.
10
Q
Attempt of Crime
A
One who intends to commit, and commits direct but ineffectual act towards commission has done this:
11
Q
Defense of Abandoning Criminal Activity
A
Virginia does not recognize this defense for attempt, and for any case when it is already complete
12
Q
An accessory after the fact is:
A
This is a person who knows a felony has been committed, and aids/assists principal in 1st degree/accessory before fact avoid/escape prosecution
13
Q
Principal in the 1st degree is:
A
This is the perpetrator of the actus reus of a crime
14
Q
Principal in the 2nd degree is:
A
This is a person who is present at commission of crime and shares the principal’s intent that the crime be committed/ or aids and abets in commission
15
Q
Accessory before the fact is:
A
Someone who must aid/abet principal in 1st degree before commission of felony
16
Q
A Motion to Suppress must:
A
This motion must be filed in writing, 7 days before the trial
17
Q
For a Motion to Separate Witnesses:
A
When this occurs, the witnesses shall be excluded from the courtroom when not testifying, except for complaining witness if it would not impair conduct of trial
18
Q
Motion to Suppress must be made to do this (not Motion to Strike):
A
This Motion must be made to suppress particular items of evidence, such as witness statements of identification/items of physical evidence; not this
19
Q
Probable cause:
A
This requires a reasonable belief that a crime has been committed, and that a particular person committed it.
20
Q
Who requires and when is probable cause satisfied:
A
This is required by police to make an arrest, and is satisfied when an identifiable person witnesses a crime and reports it
21
Q
To prove use of a firearm in the commission of a felony:
A
To prove this, it can be established by circumstantial evidence; victim never needs to have actually seen it nor be admitted into evidence.
22
Q
SMJ: Supreme Court
A
In its discretion or on motion from court of appeals, this court has jurisdiction to review any case filed as appeal; can issue writs of prohibition/mandamus,/habeas corpus
23
Q
SMJ: Court of Appeals
A
This is court for appeal as of right; OG jurisdiction for punish for contempt & writ of prohibition/mandamus/habeas corpus
24
Q
SMJ Circuit Courts
A
This court has jurisdiction to hear felonies/misdemeanors, juvenile felonies (14 & over), felony jury trials; appellate jurisdiction over misdemeanors in lower courts
25
SMJ: GDC
This court has jurisdiction over municipal/county ordinance violations, prelim felony exams, but NO jury trials
26
SMJ: JDR
This court has jurisdiction over juveniles committing acts considered adult misd., discretionary transfers, prelim hearings on serious felonies for 16/17
27
Circuit Court Trial: Juvenile Nonviolent felony sentencing
In this trial, court may impose either juvenile or adult sentence or sanction
28
Circuit Court Trial: Juvenile Violent Felony
In this trial, may only impose adult sentencing (may suspend sentence to juvenile sentence completion; can deviate from mandatory minimum for juvenile if convicted
29
Venue: Generally
This is generally any county/city where the offense was committed
30
Venue: Crime location undetermined
This is in the county where defendant resides, where non-resident defendant was apprehended, or where any related offense was committed if not apprehended in Virginia
31
Venue: When to raise challenge
A motion to change this must be raised before verdict in jury trials or finding of guilt in bench trials
32
Venue: Burden of Proof
The burden of proof to establish this is a "strong presumption" that offense was committed w/in court's jurisdiction
33
Venue: Burden to change venue
Defendant bears establishing this, that there is a widespread feeling of prejudice in community that cannot render fair/impartial trial
34
Arrest Warrant: Issuance
This is issued in prob cause accused committed offense OR if accused failed to appear to summons
35
Arrest Warrant: Required Information
This requires name/description of accused, description of crime, and signature of issuing judicial officer
36
Warrantless Arrest: Authorized Generally
This is permitted when crime is committed in officer's presence or has reasonable grounds/probable cause to suspect felony was committed not in presence
37
Warrantless Arrest: Specifically Authorized
These are specifically authorized for these scenarios: 1) officer at scene of auto accident, 2) on highway has reasonable grounds for motor theft, 3) w/in 3 hours of DUI, 4) pursuant to electronic message of wanted party in another jurisd, 5) flee/escape arrest, 6) upon reasonable complaint of shoplifting/carrying weapon on school grounds/ assault & battery
38
Search Warrant: Issuance
These are issued by judge/magistrate/other authority in jurisdiction upon reasonable/probable cause, supported by affidavit
39
Search Warrant: Affidavit
For a search warrant this must: Reasonably describe person/place/thing to be searched/searched for, allege facts for prob cause, allege crime related to warrant/identity of person to be arrested, and allege object of search is evidence
40
When must a search warrant be executed?
This must be executed within 15 days after issuance
41
Search Warrant: Search without warrant is prohibited except when?
This is generally prohibited except when in plain view/other 4th amendment exceptions
42
Search Warrant: Tracking Devices
These require a search warrant to be implemented; may be in place up to 30 days (extensions permitted), must be removed and warrant served w/in 10 days after tracking stops
43
Search Warrant for Vehicle Checkpoints
These are permitted in Virginia, except those stopping only motorcycles
44
Arrest for Odor of Marijuana
Cannot conduct stop/search/seizure based only on smell of this, resulting evidence inadmissible
45
Motor vehicles may not be stopped for what?
These may not be stopped for secondary violations, and evidence from unlawful stop inadmissible
46
First court appearance after arrest by warrant will be:
This will be a bail hearing, unless misdemeanor & parties consent, then trial
47
Appearance after warrantless arrest will be:
This will be a magistrate issuing a warrant of summons upon determination that 1) arrest was lawful and 2) there was probable cause
48
Bail is granted by right unless:
This is granted by right unless 1) probable cause that arrestee will not appear or 2) liberty would be unreasonable danger to arrestee/public
49
Bail terms must be reasonable and consider:
These consider: 1) nature of crime, 2) if firearm was used, 3) weight of evidence against D, 4) D's ties to local family and community, 5) past criminal history 6) likelihood to obstruct justice, and other facts
50
Preliminary Hearing (Felony Only) include these:
These are by right to determine if there are reasonable grounds, witnesses examined/crossed, D's advised to right of counsel; if no sufficient cause for charge, released; if no sufficient jurisdiction, judge must certify case and commit accused to jail/grant bail
51
Service of criminal pleadings is effective:
This is effective upon delivery/dispatch/transmission/mailing; grace period of 3 days if mailed or 1 day if by fax/email/commercial delivery; amendment at Court's discretion
52
Regular Grand Jury: Functions (secretly)
This impanels 5-7 18+ residents of 1 year or more for a term to consider bills of indictment to determine if probable cause exists; returns determination or advises to SGJ for further investigation
53
Special Grand Jury: When impaneled:
This is impaneled upon 1) circuit court motion, 2) recommendation of RGJ or, 3) request of prosecutor
54
Special Grand Jury: Functions (secretly)
This impanels 7-11 18+ residents of 1 year or more, may supoena witnesses/records, recorded proceedings, and if PC found, then returns true bill of indictment to RGJ
55
Filing of Charges by Indictment requires:
This requires a written accusation of the crime, prepared by CA, and returns a true bill upon affirmation by GJ
56
Filing of Charges by Presentment requires:
This requires a written accusation of crime, prepared and returned by GJ, w/out any bill of indictment, prepared from jury's own knowledge/observation
57
Filing of Charges by Information requires:
This requires written accusation of crime OR complaint of forfeiture of property/money OR imposition of penalty; for nonfelony, may be filed by CA upon written complaint of witness or by GJ if felony`
58
Defect in filing charges may be subject to quashing/dismissal if:
This may occur for major errors and dismissed for legal insufficiency/constitutional objections/unqualified grand juror
59
Defect in filing charges may be subject to reversal if:
This may occur upon defect that is a constitutional violation
60
Defect in filing charges may be amended when:
This may occur if allowed by leave of court before fact-finder returns verdict
61
Defect in filing charge for failing to file results in:
If this occurs, then the person is discharged from imprisonment if in jail on certified charge/transfer from district
62
Arraignments function pretrial this way:
These may be waived and advise D of the charge and set trial date for misdemeanor/prelim hearing for felony; D is asked to plead; Judge determines if D retains/waives/requests counsel
63
Nolo contendere function as these:
This considers D guilty for imposing judgement/sentence, but is not confession of guilt/declaration of innocence
64
Guilty felony pleas require:
These must be voluntarily made w/ understanding of nature of charge & consequences of plea
65
Conditional guilty felony pleas function this way:
These are permitted to be withdrawn if Defendant prevails on appeal
66
Plea Agreement requirements:
These must 1) consult w/ victim in felony cases, 2) inform victim of contents of what is proposed, and 3) obtain victim's views on disposition of case
67
Plea agreements may be accepted or rejected by the court, but:
If a rejection of this occurs, a judge must recuse herself unless parties agree otherwise; Defendant may not w/draw if conditioned on CA's sentence recommendations
68
Withdrawing a plea may be done when?
May be done before sentencing if on motion made in good faith w/ proof of reasonable bias for contesting guilt; or 1/in 21 days after sentencing for manifest injustice
69
Joinder of Offenses can be based on:
This may be done if based on same act/transaction, connected acts, or parts of common scheme
70
Joinder of Defendants can be done if:
This may be done if the parties participated in contemporaneous and related acts
71
A Motion to Dismiss for defects in charge does this:
This type of motion is filed before plea, with defenses/objections waived if not included, based on these in the charge
72
Motion for Speedy Trial requires:
When this motion is made, requires case to be tried within certain time limits or discharged (inapplicable for natural disaster/escape jail/failure to appear); waiver made in writing
73
Pretrial Motions: Defense Motions
These may be made to 1) suppress evidence, 2) dismiss based on double jeopardy/unconstitutional statute/lack of speedy trial
74
Pretrial Motion for Insanity (insane/feeble-minded) does this:
There is no trial or sentencing for criminal offense if D is found insane and files this:
75
Discovery by the accused:
On motion, this person is allowed to inspect 1) written/recorded statements made by accused, 2) substance of oral statements made to police, 3) written reports of tests/exams, and 4) material evidence in Com. possession
76
Discovery by the Commonwealth:
This is only permitted if accused made discovery motion
77
Disclosure of testifying witnesses is:
There is no duty to disclose these during discovery:
78
Sanctions for failure to comply with discovery may result in:
This may result in sanction, court order, or continuance, with a continuing duty to comply with these kinds of orders
79
Guilty Plea vs. Not-guilty Plea effect on Felony jury trial:
For this, felony jury trial is waived; for this, it is required, but can be waived by Defendant upon advice of counsel, agreeance of CA and Judge, and given voluntarily/intelligently
80
Felony jury trial have this many jurors:
This type of trial has 12 jurors
81
Misdemeanor jury trial have this many jurors:
This type of trial has 7 jurors
82
Guilty Plea vs. Not-guilty Plea effect on Misdemeanor jury trial:
For this, court must hear misdemeanor and determine case without jury; for this, court may in discretion & agreement of parties, hear case without jury
83
For-cause challenges to Voir Dire:
These arise if juror is related to Defendant, biased, or otherwise not qualified (unlimited)
84
Preemptory challenges: Felony vs. Misdemeanor Trial
For a Felony trial voir dire, granted 4 per party; for a misdemeanor trial, granted 3 per party
85
Sequestration in felony cases:
For these, jury need not be kept together unless court directs otherwise
86
Jury instructions must::
These must be made in writing before closing arguments, objected to outside jury's presence and before being made to jury
87
Juror note taking and view by juries are:
These for jurors are within the court's discretion/if court believes necessary for just decision
88
A jury verdict must be:
This must be unanimous
89
Misdemeanor trial when Defendant fails to appear may:
If this occurs, case is tried before the judge as opposed to jury
90
Felony trial when Defendant waives right to be present:
A waiver to do this by Defendant may be done 1)knowingly and intelligently 2) with awareness of likely consequences
91
Presence of Witnesses/Victim
But for this person (or adult chosen by a minor this person) if it would not impair the trial, these are excluded from the courtroom upon motion
92
A Motion to Strike all the Commonwealth's evidence is brought and granted when?
This is brought at close of Commonwealth's case and granted if evidence is insufficient as a matter of law to sustain conviction
93
Double Jeopardy must be brought when?
This is deemed waived if not raised before judgement in 2nd trial
94
Effect of Acquittal or Dismissal
If this occurs, may not be charged for same offense BUT may be retried if this occurs because of variance between allegations and proof; may be retried if jury is hung
95
If the same act violates two or more statutes:
If this occurs, the conviction under one bars prosecution under the other
96
If the same act violates state and federal statutes:
If this occurs, prosecution under federal bars state
97
If DUI and reckless driving arise from same act and D is convicted of one:
If this occurs, court must drop the remaining charge D not convicted of
98
Dismissal will not bar subsequent prosecution unless:
This occurs unless jeopardy attaches or the case was dismissed with prejudice
99
Verdict set aside means that:
This means D may not be tried for higher offense than that which he was convicted last trial
100
Admissible Evidence by Commonwealth if Jury Sentencing:
If this is occurring, Commonwealth may present victim impact testimony and must present D's prior criminal history
101
Admissible Evidence by Commonwealth if Judge sentencing:
If this is occurring, Commonwealth may present D's prior criminal history properly admitted through presentence investigation report
102
Admissible Evidence by Defendant for sentencing:
This is relevant, admissible evidence related to punishment (if traffic offense, may consider traffic record)
103
A different jury is required for sentencing if:
If sentencing proceeding causes sentence to be set aside, this is required unless parties agree for the court to decide
104
Sentencing Pronouncement must be done:
This must be done w/out unreasonable delay
105
The sentencing pronouncement upon 3rd conviction of act of violence
This is life imprisonment without any portion suspended"
106
Pending pronouncement of sentencing:
During this period, D convicted of 1st deg murder must be held in jail w/out bail; if other crimes, may be committed, receive continued bail, or receive altered bail
107
Sentencing guidelines function this way:
For non-class-one felonies, court considers applicable discretionary guidelines, and must explain deviation from guidelines
108
Conditions for probation must be reasonable in light of:
These must be reasonable in light of offenses convicted of, background, and surrounding circumstance
109
A probation report of Defendant's history and relevant facts, generated by probation officer may:
This may be requested upon Motion of Defendant convicted of felony/misd. assault & battery, with ability to cross examine
110
Non-felonious conviction appealable as of right from GDC to:
This is appealable as of right to circuit court w/in 10 days; tried de novo, entitled to jury
111
Conviction appealable as of right from circuit to:
This is appealable as of right to court of appeals, or upon petition by commonwealth
112
Pretrial order in felony case that do these may be appealed by the Commonwealth:
Commonwealth may do this to these that 1) dismiss warrant/charge against D based on Speedy Trial/Double Jeopardy or 2) prohibits evidence based on violation of VA search seizure or 4th/5th/6th Amends
113
Criminal Notice of Appeal must be filed:
This must be filed within 30 days from entry of order, including filing fee
114
Criminal transcript/statement of facts must be filed:
This must be filed within 60 days from entry of order
115
Criminal Brief filing must be done:
This must be done within 40 days, then appellee's within 30 of appellant's, then appellant's response within 14 of appellee's
116
Supreme Court receives no appeal as of right for these:
To do this for criminal actions, it can onyl be done by petition
117
Standard of review for Conviction that is contrary to evidence:
This standard is plainly wrong/without evidence to support it:
118
Standard of review for Evidence improperly admitted:
This standard is if evidence is sufficient to sustain conviction; if improper, then if error was harmless; considered in light most favorable to Commonwealth with reasonable inferences deducted therefrom
119
Principal in the first degree is:
This is the person that perpetuates the crime/need not be present
120
Principal in the second degree is:
This is the person that shares PFD's intent to commit crime or aids/abets/encourages/advises in commission; must be present but do more than be present and flee
121
Accessory before the fact is:
This is the person that assists/encourages commission of crime but is not present during commission; just knowing of intent, not enough
122
Accessory after the fact is:
This person knows a felony has been committed and aids/assists PFD/accessory to avoid prosection; not punishable for crime of principal
123
Effect of PFD's criminal liability on others:
As a result of this, ABF and AAF may be indicted with PFD/separately; ABF & AAF can be tried if PFD not convicted but proven committed; PSD and ABF criminally liable for incidentals by PFD in furtherance of crim
124
Withdrawal of aid before completion of crime to avoid criminal liability requires:
This requires evidence of words/acts showing other crime participants of opposing conduct; if crime nevertheless completed, need independent cause to absolve this party
125
Insanity defense requires applying either:
For this defense, apply either m'naughten or irresistible impulse
126
M'naughten test for insanity defense requires:
This requires that D did not know nature & quality/wrongfulness of act because of defect due to mental disease
127
Irresistible impulse test for insanity defense requires this:
This requires that D is able to understand nature & consequences of act, know it is wrong, but lacks mental power to control/restrain act
128
Presentation of the insanity defense must be done this way:
This is raised 60 days before trial, requiring D to 1) raise it, and 2) give notice of intent to raise it and present expert testimony
129
Voluntary intoxication (intentional taking) is not:
This is not a defense to a crime unless it prevents deliberation and premeditation
130
Involuntary intoxication (unwilling/unconscious) is not:
This is not a defense unless it negates an element of general/specific intent crime
131
Charging minors with crimes - age ranges:
For these, cannot under 7, rebuttable presumption they cannot between 7-14, and can be charged as adult over 14
132
Every unlawful homicide is presumed this in VA:
These are considered murder of the 2nd in VA
133
Commonwealth must make prima facie showing of malice/premeditation to first degree for this to occur:
This must occur for burden of producing mitigating evidence to shift to D (presumption has been superseded, need to reduce)
134
Aggravated murder (Class 1 felony) requires:
This requires willful, deliberate, and premeditated killing if committed with specified actions (abduction for extortion, for hire, during imprisonment, commission of rape/sexual assault, vs. law enforcement in commission, etc.)
135
Specific required to charge aggravated murder:
These include abduction with intent to extort/defile, for hire, by prisoner confined/in custody of correction facility, in commission of or attempt robbery/act of terrorism, in commission of rape sexual assault, against law enforcement if interfering with performance of duties, vs. 1 person as part of same act or w/in 3 year period, in furtherance of SchedI/II controlled sub, at direction of criminal enterprise, of pregnant women with intent to cause involuntary termination, of person 14 under by 21 or older, or of subpoenaed witness if to interfere with testimony.
136
Murder of the 1st degree (Class 2) requires:
This requires willful, deliberate, and premeditated killing not specified by aggravated
137
Intent for murder in 1st may do this:
This may transfer if PFD intends to kill one person but kills another; may be shared by 2 or more people acting in concert
138
Felony murder is murder in 1st that results from acts in furtherance of:
This is murder in 1st that results from acts in furtherance of arson, rape, forcible sodomy, sexual penetration, robbery, burglary, or kidnapping
139
Murder in 2nd degree requires:
This is unlawful killing of human being w/ malice (general murder definition) (encompasses all other murder)
140
Malice for murder in 2nd is this and may be inferred when?
This is the intent to kill/inflict serious bodily harm; may be inferred by trier of fact after proof of killing was unlawful unless reasonable doubt this exists
141
Felony homicide is murder in 2nd that results from these:
This is murder in 2nd that results from accidental killing of another while committing felony not listed by aggravated or murder of 1st degree
142
Any person who willfully and deliberately kills a pregnant women w/out premeditation but knowing of pregnancy is:
For this offense, guilty of murder punishable for prison term of 10-40 yrs
143
Any person who willfully, deliberately, MALICIOUSLY, and premeditated that kills fetus is:
For this offense, guilty of Class 2 felony; w/out premed and knowledge of pregnancy, 5-40 years
144
Voluntary manslaughter requires this (these are NOT sufficient):
This is unlawful killing committed w/out malice (think heat of passion/sudden mutual combat); words are not sufficient provocation!
145
Involuntary manslaughter requires this; raises to aggravated if:
This is accidental, unintentional killing w/ causal connection to PFD criminal negligence/non-felonious unlawful act; rises to this if gross/wanton/&culpable conduct shows reckless disregard for human life
146
Larceny elements generally
This is 1) taking of another's personal property, 2) by trespass, 3) w/ intent to permanently deprive person of property
147
Grand Larceny (felony) applies to:
Taking of >= $5 from person, simple larceny not from person >=$1k, or simple larceny not from person of firearm
148
A separate offense from larceny may be charged if:
This occurs if person commits larceny worth $500 or more w/ intent to sell/distribute
149
Petit larceny (misdemeanor) applies to:
Taking of less than $5 from person, simple larceny not from person under $1k
150
Organized retail theft (felony) requires:
This requires acts in concert to commit larceny of merchandise over $5k aggregated over 90 day period w/ intent to sell for profit AND 1) receives/possess knowingly stolen merchandise or 2) acts in concert w/ another to effectuate transfer & sale
151
Embezzlement elements:
This must be the 1) fraudulent 2) use/concealment/disposal 3) of property (tang/intang) 4) of another 5) received for another person/for one's employer OR received by virtue of one's employment OR otherwise entrusted
152
False pretenses elements:
This offense requires 1) obtaining property subject to larceny 2) by any false pretense 3) w/ intent to defraud and 4) both title and possession must pass
153
Robbery elements:
This offense requires 1) taking 2) with intent to steal 3) personal property of another 4) from his person/in his presence 4) by violence or intimidation
154
Extortion elements:
This offense requires 1) taking of money/property from another by threat 2) need not be from person/in presence 3) and threat need not be physical/of immediate harm
155
Acceptable threats considered for extortion include:
This includes 1) injury to character, person, or property of another; 2) accusing another og any offense, 3) threatening to report another as being illegally present in the US or 4) knowingly destroying/withholding/threatening to withhold another's passport or ID
156
CL burglary elements (Class 2):
This CL offense requires: breaking and entering 2) a dwelling 3) of another 4) at nighttime 5) with specific intent to commit felony larceny therein and 6) if using firearm, raises to Class 2
157
STATUTORY burglary elements:
This statutory offense requires 1) entering w/out breaking at night OR entering and breaking in day OR entering and concealing self 2) in dwelling/adjoining occupied structure, 3) with intent to commit specified crimes
158
Statutory burglary - intended crimes to commit:
For this offense, intended crimes to commit include: 1) murder/rape/robbery/arson (highest punishment), 2) larceny/other felony (lowest punishment), or 3) misdemeanor (non assault & battery) (lowest punishment)
159
Arson elements:
This offense requires 1) malicious burning 2) of occupied/unoccupied building, personal property, standing grain, or other crop
160
Possession offense elements:
This offense requires the knowing/intentional possession & exercised control over prohibited substance/object; D need not know it is illegal to possess
161
Receipt of stolen goods offense elements:
This offense requires receiving control of stolen property w/ knowledge that it is stolen AND w/ intent to permanently deprive owner of property; PFD can be charge w/ this even if not convicted of larceny
162
Battery elements:
This offense requires unlawful application of force to another that causes bodily harm or constitutes an offensive touching
163
Assault elements:
This offense requires an attempt to commit battery OR intentionally placing another in fear of immediate and harmful touching
164
Special victims of assault & battery crimes include:
These include victims of hate crime, school employees, family/household members, judge/law enforcement, health care provider, or public transportation officer
165
A mob constitutes this:
This is a collection of people assembled with intent to commit assault or battery (Class 1 misdemeanor)
166
A lynching is considered this:
This statutory offense is considered an act of violence by mob that results in death; all members of and accessories are liable (Class 3 felony)
167
A malicious wounding requires:
This offense requires malicious injury, with intent to main/disfigure/disable or kill; Class 3 or Class 6 if unlawful but not malicious
168
The malicious wounding offenses include:
This can be aggravated (severe injury suffering permanent & significant physical impairment or pregnant), use of caustic substance or fire, done to a law enforcement officer engaged in duties, or during commission of felony
169
Use or display of a firearm is considered a separate felony offense and requires:
This must be done in a threatening manner while committing or attempting to commit murder/rape/forcible sodomy/sexual penetration, robbery, carjacking, burglary, malicious wounding and/or abduction
170
A "firearm" for use and display may include:
This may objects that look like it but are incapable of firing a bullet by explosion of gunpowder
171
Attempt to poison requires:
This attempt offense requires administering poison/destructive substance w/ intent to kill/injure another
172
Adulteration of food offense requires:
This offense requires adulteration of food/drink/prescription/OTC med/cosmetic/ or other substance w/ intent to kill/injure another
173
Hazing requires:
This offense requires causing bodily injury recklessly or intentionally upon a student/gang member or upon person seeking to join
174
Kidnapping generally:
This offense is the taking/detaining another person by force/intimidation/deception w/out legal justification w/intent to deprive person of personal liberty OR withholding/concealing another person from those entitled to charge OR subjecting person to forced labor
175
Parental kidnapping (misdemeanor)
This misdemeanor offense is punishable as contempt of court OR if D withholds child from legal guardian in violation of court order & child remains in VA
176
Parental kidnapping (felony)
This Class 6 felony offense arises if D knowingly, wrongfully, & intentionally takes/withholds child from legal guardian in violation of court order (if child kept/taken outside of VA)
177
Carjacking requires:
This offense requires intentionally seizing control of motor vehicle w/ intent to deprice another of possession or control of vehicle, by means of violence/threat of violence/showing of deadly weapon
178
Strangulation (Class 6 felony):
This requires 1) impeding blood circulation/respiration 2) w/out consent by 3) knowingly, intentionally and unlawfully 4) applying pressure to neck of person 5) causing wound/bodily injury
179
Suffocation (Class 6 felony):
This requires 1) impeding blood circulation/respiration 2) w/out consent by 3) knowingly/intentionally/unlawfully 4) obstructing airway of person 5) causing wound/bodily injury
180
Purchasing or Selling of Minors (Class 5 felony):
This requires 1) offering money/something of value 2) for purpose of obtaining/transferring custody/control of a minor and 3) does any substantial act in furtherance of purchase or sale; EXCEPT surrogacy contracts/lawful adoption/persons with legitimate interests
181
Terrorism is considered this:
This is committing enumerated violent acts w/ intent to intimidate civilian population at large or influence conduct of government through intimidation
182
For search conducted, must be done by this:
For this to occur, must be conducted by a government officer
183
Reasonable expectation of privacy (REP) or physical intrusion on protected area: Home/Private Room/Office
This may be home & curtilage/motel rooms/business premises
184
