What’s New 2014What’s New 2014Virginia’s Sentencing GuidelinesVirginia’s Sentencing Guidelines

New Structure for Other Sexual Assault Offense WorksheetsNew Structure for Other Sexual Assault Offense Worksheets

Revised scores for Use of Communications System to Solicit a Revised scores for Use of Communications System to Solicit a ChildChild

Revised scores for Production, Etc. of Child PornographyRevised scores for Production, Etc. of Child Pornography

Increased scores for Aggravated Malicious WoundingIncreased scores for Aggravated Malicious Wounding

Revised Type of Additional Offense Factor on the Burglary Revised Type of Additional Offense Factor on the Burglary WorksheetsWorksheets

Lower Scores for Daytime Burglary of a Dwelling Without a GunLower Scores for Daytime Burglary of a Dwelling Without a Gun

Effective July 1, 2014Effective July 1, 2014Changes to Virginia’s Sentencing GuidelinesChanges to Virginia’s Sentencing Guidelines*

*Detailed information on each change follows this summary slide.

Other Sexual Assault Guidelines offenses can now Other Sexual Assault Guidelines offenses can now be found on two separate worksheets:be found on two separate worksheets:

Other Sexual Assault Worksheet Other Sexual Assault Worksheet Other Sexual Assault/Obscenity Other Sexual Assault/Obscenity WorksheetWorksheet

Splitting the Other Sexual Assault Worksheet into Splitting the Other Sexual Assault Worksheet into two offense groups does not modify the two offense groups does not modify the guidelines scores except as otherwise approved guidelines scores except as otherwise approved by the General Assembly.by the General Assembly.

The The Other Sexual Assault Worksheet includes: includes: carnal knowledge, bestiality, bigamy, prostitution, carnal knowledge, bestiality, bigamy, prostitution, indecent liberties, non-forcible sodomy, indecent liberties, non-forcible sodomy, aggravated sexual battery and incest. aggravated sexual battery and incest.

The The Other Sexual Assault/Obscenity Worksheet includes:includes:child solicitation and child pornography, offenses child solicitation and child pornography, offenses with a Virginia Crime Code prefix of “OBS.”with a Virginia Crime Code prefix of “OBS.”

Other Sexual Assault Worksheets Include the following:

Carnal KnowledgeBestialityBigamyProstitutionIndecent LibertiesNon-Forcible SodomyAggravated Sexual BatteryIncest

Other Sexual Assault/Obscenity Worksheets include Child Solicitation and Child Pornography, offenses with a Virginia Crime Code prefix of “OBS.”

The guidelines scores for Use of a Communication The guidelines scores for Use of a Communication System to Solicit a Child, § 18.2-374.3, are revised System to Solicit a Child, § 18.2-374.3, are revised to more closely reflect judicial sentencing to more closely reflect judicial sentencing practices for these offenses. Convictions for Use practices for these offenses. Convictions for Use of a Communications System to Solicit a Child are of a Communications System to Solicit a Child are included on the Other Sexual Assault/Obscenity included on the Other Sexual Assault/Obscenity Worksheet.Worksheet.

The guidelines scores for Use of a Communication System to Solicit a Child § 18.2-374.3, have been revised to more closely reflect judicial sentencing practices for these offenses.

The guidelines scores for enticing a minor to The guidelines scores for enticing a minor to perform in, financing, producing or taking part perform in, financing, producing or taking part in or filming child pornography, § 18.2-374.1, in or filming child pornography, § 18.2-374.1, are revised to more closely reflect judicial are revised to more closely reflect judicial sentencing practices for these offenses. sentencing practices for these offenses. Convictions for production, etc., of child Convictions for production, etc., of child pornography are included on the Other Sexual pornography are included on the Other Sexual Assault/Obscenity Worksheet.Assault/Obscenity Worksheet.

Guidelines scores for enticing a minor to perform in, financing, producing or taking part in or filming child pornography, § 18.2-374.1, have been revised to more closely reflect judicial sentencing practices for these offenses.

On Section A of the Other Sexual Assault/Obscenity worksheets 6 points are now given for production, publication, sale or financing child pornography (1 count).

On Other Sexual Assault Obscenity Worksheets Section C, you can now score up to two counts of the primary offense of produce child porn; finance child porn. Primary offense scores now include attempted, completed and conspired offenses.

Scores on Assault Worksheet Section A and Scores on Assault Worksheet Section A and Section C are increased for aggravated Section C are increased for aggravated malicious wounding, malicious wounding, § 18.2-51.2. The adjusted scores will more § 18.2-51.2. The adjusted scores will more closely reflect judicial sentencing practices for closely reflect judicial sentencing practices for this offense.this offense.

Increased scores for Aggravated Malicious Wounding on Section A and Section C Assault worksheets.

On Section A the defendant now picks up 7 points for attempted and conspired Aggravated Malicious Wounding (the same amount of points given for a completed Aggravated Malicious Wounding).

Increased scores for Aggravated Malicious Wounding (attempted, conspired or completed) on Section C of the Assault worksheet.

Additional points are assigned on the Additional points are assigned on the Burglary sentencing guidelines when the Burglary sentencing guidelines when the primary offense of burglary is sentenced primary offense of burglary is sentenced with an additional offense of aggravated with an additional offense of aggravated malicious wounding. The adjusted scores malicious wounding. The adjusted scores will more closely reflect judicial sentencing will more closely reflect judicial sentencing practices for this combination of offenses. practices for this combination of offenses.

This factor also now applies in all cases This factor also now applies in all cases where burglary is the primary offense. where burglary is the primary offense.

Additional points are now scored on Burglary worksheets when there is an additional offense of Aggravated Malicious Wounding.

To more closely reflect judicial sentencing To more closely reflect judicial sentencing practices, the Section C Primary Offense practices, the Section C Primary Offense scores are slightly lower for completed scores are slightly lower for completed daytime burglary of a dwelling without a daytime burglary of a dwelling without a deadly weapon (§ 18.2-91).deadly weapon (§ 18.2-91).

The score for completed Daytime Burglary of a Dwelling has been lowered from 18 to 17 on the Burglary/Dwelling section C worksheet.

Category I/II scores have also been lowered to fit the enhancements required by statute.

New LawsNew Laws

§§ 18.2-19(i) 18.2-19(i) Accessory after the fact Accessory after the fact – – Class 1 or 2 felony Class 1 or 2 felony homicide is now a class 6 felony (VCC: ACC-0900-F6)homicide is now a class 6 felony (VCC: ACC-0900-F6)

  §§ 18.2-248 18.2-248 Synthetic marijuana (cannabimimetic agent): Synthetic marijuana (cannabimimetic agent):

Except for possession, use the Virginia Crime Except for possession, use the Virginia Crime Codes for Schedule I/II DrugsCodes for Schedule I/II Drugs

 

§§ 18.2-250(A,a) 18.2-250(A,a) Simple possession of synthetic marijuana Simple possession of synthetic marijuana cannabimimetic agent remains a misdemeanor cannabimimetic agent remains a misdemeanor

(VCC: NAR-3163-M1)(VCC: NAR-3163-M1) 

§§ 18.2-265.21 18.2-265.21 Distribute dextromethorphan (drug for coughs) Distribute dextromethorphan (drug for coughs) (VCC: NAR-3129-M1)(VCC: NAR-3129-M1)

 

§§ 18.2-386.2 18.2-386.2 Dissemination of videographic/still image with Dissemination of videographic/still image with intent to harass, etc. (VCC: OBS-3688-M1)intent to harass, etc. (VCC: OBS-3688-M1)

 

§§ 29.1-525.2 29.1-525.2 Erect enclosure for hunting foxes and coyotesErect enclosure for hunting foxes and coyotes 

§§ 33.2 33.2 Recodification of Recodification of §§ 31.1, effective October 1, 2014 31.1, effective October 1, 2014

Selected Laws Effective July 1, 2014 *

* Please refer to the 2014 VCC Book for a list of all criminal offenses. Accessory after the fact, Class 1 or 2 felony homicide is not covered by sentencing guidelines as the primary offense, but may be scored as additional offenses.

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 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 17An order form for the 17thth 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.

2014 Seminars 2014 Seminars Registration Form is Available on the Commission’s WebsiteRegistration Form is Available on the Commission’s Website

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