Capital Punishment in Virginia - Capital Offenses

Capital Offenses

Under Virginia's Criminal Code, the following offenses carry the possibility of death:

  • Willful, deliberate and premeditated murder in the commission of abduction,
  • Willful, deliberate and premeditated murder during a robbery or attempted robbery
  • Willful, deliberate and premeditated murder by a person engaged in a continuing Criminal Drug Enterprise
  • Willful, deliberate and premeditated murder in the commission of rape or attempted rape or sodomy, or attempted sodomy, or object sexual penetration
  • Willful, deliberate and premeditated murder of a person under the age of 14 by a person over the age of 21
  • Contract killing
  • Willful, deliberate and premeditated murder of a law enforcement officer
  • Willful, deliberate and premeditated murder of more than one person (within a three year time frame)
  • Willful, deliberate and premeditated murder of a pregnant woman
  • Willful, deliberate and premeditated murder by an inmate while in a correctional facility.
  • Willful, deliberate and premeditated murder committed during an act of terrorism.
  • Willful, deliberate and premeditated murder of a judge, juror, or witness

Before the 20th century, along with murder and rape, a variety of offenses could merit a death sentence:

  • Treason against Virginia, defined as "levying war against, or adhering to its enemies, giving them aid and comfort, or establishing or causing to be established, without authority of the legislature, any government within its limits, separate from the existing government, holding or executing in such a usurped government, any office, place or appointment, swearing allegiance or professing fidelity to it, or resisting the execution of the laws under colour of authority derived from or protection afforded by it"
  • Arson
  • Burglary
  • horse rustling
  • Robbery

As Attorney General, Governor Bob McDonnell supported expanding the death penalty to participants in a homicide other than the "triggerman," and to those who kill a judge or a witness.

Read more about this topic:  Capital Punishment In Virginia

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