what’s new 2015 virginia’s sentencing guidelines

What’s New 2015What’s New 2015Virginia’s Sentencing GuidelinesVirginia’s Sentencing Guidelines

• Three new offenses are covered by guidelines for any Three new offenses are covered by guidelines for any defendant defendant sentencedsentenced on or after July 1, 2015. on or after July 1, 2015.

Effective July 1, 2015Effective July 1, 2015Changes to Virginia’s Sentencing GuidelinesChanges to Virginia’s Sentencing Guidelines*

*Detailed information on each offense follows this summary

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• New felonies added to the list of Category I/II violent New felonies added to the list of Category I/II violent felonies.felonies.

• New sentencing guidelines mobile site.New sentencing guidelines mobile site.

Three new offenses are covered by guidelines Three new offenses are covered by guidelines for any defendant for any defendant sentencedsentenced on or after July on or after July 1, 2015.1, 2015.

Three New Guidelines OffensesThree New Guidelines Offenses

Users will find the following offenses on the worksheets Users will find the following offenses on the worksheets for offenders sentenced on or after July 1, 2015.for offenders sentenced on or after July 1, 2015.

1.1.Sell, Distribute, etc., Schedule IV DrugSell, Distribute, etc., Schedule IV Drug has been added to the has been added to the Drug/Other worksheetDrug/Other worksheet..

- § 18.2-248(E2)§ 18.2-248(E2)- NAR-3136-F6NAR-3136-F6

2.2.Defraud, etc, Obtain Identifying Information with Intent To, Defraud, etc, Obtain Identifying Information with Intent To, 22ndnd/Subsequent /Subsequent has been added to the has been added to the Fraud worksheetFraud worksheet..

1.1. § 18.2-186.3(D)§ 18.2-186.3(D)2.2. FRD-2510-F6FRD-2510-F6

nReceiving a Stolen Credit Card or Credit Card Number with Receiving a Stolen Credit Card or Credit Card Number with Intent to Use or SellIntent to Use or Sell has been added to the has been added to the Fraud worksheetFraud worksheet..

1.1. § 18.2-192(1,b)§ 18.2-192(1,b)2.2. FRD-2795-F9 FRD-2795-F9

For Offenders Sentenced on July 1, 2015 and After

1.1. Sell, Distribute, etc., Schedule IV Drug Sell, Distribute, etc., Schedule IV Drug

§ 18.2-248(E2) § 18.2-248(E2) NAR-3136-F5NAR-3136-F5

New Offense

Sell, etc., Schedule IV Drug

2.2. Defraud, etc, Obtain Identifying Information Defraud, etc, Obtain Identifying Information with Intent To, 2nd/Subsequent with Intent To, 2nd/Subsequent

§ 18.2-186.3(D) § 18.2-186.3(D) FRD-2510-F6FRD-2510-F6

New Offense

Obtain Identifying Information with Intent To Defraud, 2nd or Subsequent

Revised Factors On Section A “Prior

Convictions/Adjudications”

And

“Prior Misdemeanor Convictions/Adjudications”

Are Now Scored Based on the Primary Offense.

If the primary offense is Obtain Identifying Information with Intent To Defraud, 2nd or Subsequent, score these factors using the left column.

New Offense

Obtain Identifying Information with Intent To Defraud, 2nd or Subsequent

New Factor On Section B

Scored if Primary is Obtain Identifying Information with Intent To Defraud, 2nd or Subsequent

New Offense

Obtain Identifying Information with Intent To Defraud, 2nd or Subsequent

2.2. Receiving a Stolen Credit Card or Credit Card Receiving a Stolen Credit Card or Credit Card Number with Intent to Use or Sell Number with Intent to Use or Sell

§ 18.2-192(1,b) § 18.2-192(1,b) FRD-2795-F9FRD-2795-F9

New Offense

Receiving a Stolen Credit Card or Credit Card Number with Intent to Use or Sell

• New felonies added to the list of New felonies added to the list of Category I/II violent felonies. Category I/II violent felonies.

New Category I/II OffensesNew Category I/II Offenses

The following offenses have been added by the The following offenses have been added by the General Assembly to the list of violent crimes General Assembly to the list of violent crimes

defined by § 17.1-805defined by § 17.1-805**.. Sex Trafficking Sex Trafficking

§ 18.2-357.1(A)§ 18.2-357.1(A) Sex Trafficking by Force, etc., Sex Trafficking by Force, etc.,

§ 18.2-357.1(B)§ 18.2-357.1(B) Sex Trafficking of Person Less Than Age Sex Trafficking of Person Less Than Age

1818 § 18.2-357.1(C)§ 18.2-357.1(C)

* A prior conviction for one of these offenses will enhance the Section C recommendation

• New sentencing guidelines mobile site.New sentencing guidelines mobile site.

Visit the Commission’s new mobile site by texting VCSC to 56512.

• Learn about the 2015 changes• Register for seminars• Review Virginia Crime Codes by statute or topic• Quick reference to common rules • Register for limited text alerts on changes • View or download worksheets• More functions to be added in the future

Go to http://bycell.co/cgac on your mobile device

Message & Data Rates May Apply. You can unsubscribe at any time by texting STOP to 56512. Text HELP to 56512 for help or contact VCSC at 804.225.4398.

New LawsNew LawsWhat’s New 2015What’s New 2015

New LawsNew Laws

§ 18.2-50.3§ 18.2-50.3 - Entice etc., into dwelling w/intent to commit a - Entice etc., into dwelling w/intent to commit a specific specific felony felony

§ 18.2-356(ii)§ 18.2-356(ii) - Receive money, etc., for procuring minor for forced - Receive money, etc., for procuring minor for forced laborlabor

§ 18.2-356(ii)§ 18.2-356(ii) - Receive money, etc., for procuring minor for - Receive money, etc., for procuring minor for obscene obscene material material

§ 18.2-356(ii)§ 18.2-356(ii) - Receive money, etc., for procuring minor for child - Receive money, etc., for procuring minor for child porn porn

§ 18.2-356(ii)§ 18.2-356(ii) - Receive money, etc., for procuring minor for - Receive money, etc., for procuring minor for prostitutionprostitution

§ 18.2-357.1§ 18.2-357.1 - Sex trafficking- Sex trafficking

Selected Laws Effective July 1, 2015 *

* Please refer to the 2015 VCC Book for a list of all criminal offenses

Additional InformationAdditional Information

InformationInformation Contact staff of the Commission by phone from 7:30AM Contact staff of the Commission by phone from 7:30AM

to 5:00PM (Monday – Friday) to 5:00PM (Monday – Friday) 804.225.4398

Contact staff of the Commission by text at Contact staff of the Commission by text at 804.393-9588 or text VCSC to 56512 for the mobile web site.or text VCSC to 56512 for the mobile web site.

Contact Staff by Email. Email addresses are posted on Contact Staff by Email. Email addresses are posted on the Commission’s website: the Commission’s website: www.vcsc.virginia.govwww.vcsc.virginia.gov.

Sentencing Guidelines worksheets are available on the Sentencing Guidelines worksheets are available on the Commission’s website: Commission’s website: www.vcsc.virginia.govwww.vcsc.virginia.gov

Manuals, VCC Books and updates will be shipped in late Manuals, VCC Books and updates will be shipped in late June.June.

An order form for the 18An order form for the 18thth edition of edition of Virginia’s Sentencing Virginia’s Sentencing Guidelines ManualGuidelines Manual is available on the Commission’s is available on the Commission’s website.website.

Judges, Commonwealth’s Attorneys, Public Defenders and Judges, Commonwealth’s Attorneys, Public Defenders and Probation Officers will automatically be shipped updates Probation Officers will automatically be shipped updates based on the number requested last year.based on the number requested last year.

2015 Seminars 2015 Seminars Registration Form is Available on the Commission’s WebsiteRegistration Form is Available on the Commission’s Website

New Mobile Site

100 North Ninth StreetRichmond, VA 23219

Supreme Court Building5th Floor

804-225-4398

Virginia Criminal Virginia Criminal Sentencing CommissionSentencing Commission

www.vcsc.virginia.gov