2006 Code of Virginia § 18.2-10 - Punishment for conviction of felony; penalty

18.2-10. Punishment for conviction of felony; penalty.

The authorized punishments for conviction of a felony are:

(a) For Class 1 felonies, death, if the person so convicted was 18 years ofage or older at the time of the offense and is not determined to be mentallyretarded pursuant to 19.2-264.3:1.1, or imprisonment for life and, subjectto subdivision (g), a fine of not more than $100,000. If the person was under18 years of age at the time of the offense or is determined to be mentallyretarded pursuant to 19.2-264.3:1.1, the punishment shall be imprisonmentfor life and, subject to subdivision (g), a fine of not more than $100,000.

(b) For Class 2 felonies, imprisonment for life or for any term not less than20 years and, subject to subdivision (g), a fine of not more than $100,000.

(c) For Class 3 felonies, a term of imprisonment of not less than five yearsnor more than 20 years and, subject to subdivision (g), a fine of not morethan $100,000.

(d) For Class 4 felonies, a term of imprisonment of not less than two yearsnor more than 10 years and, subject to subdivision (g), a fine of not morethan $100,000.

(e) For Class 5 felonies, a term of imprisonment of not less than one yearnor more than 10 years, or in the discretion of the jury or the court tryingthe case without a jury, confinement in jail for not more than 12 months anda fine of not more than $2,500, either or both.

(f) For Class 6 felonies, a term of imprisonment of not less than one yearnor more than five years, or in the discretion of the jury or the courttrying the case without a jury, confinement in jail for not more than 12months and a fine of not more than $2,500, either or both.

(g) Except as specifically authorized in subdivision (e) or (f), or in Class1 felonies for which a sentence of death is imposed, the court shall imposeeither a sentence of imprisonment together with a fine, or imprisonment only.However, if the defendant is not a natural person, the court shall imposeonly a fine.

For any felony offense committed (i) on or after January 1, 1995, the courtmay, and (ii) on or after July 1, 2000, shall, except in cases in which thecourt orders a suspended term of confinement of at least six months, imposean additional term of not less than six months nor more than three years,which shall be suspended conditioned upon successful completion of a periodof post-release supervision pursuant to 19.2-295.2 and compliance with suchother terms as the sentencing court may require. However, such additionalterm may only be imposed when the sentence includes an active term ofincarceration in a correctional facility.

For a felony offense prohibiting proximity to children as described insubsection A of 18.2-370.2, the sentencing court is authorized to imposethe punishment set forth in subsection B of that section in addition to anyother penalty provided by law.

(1975, cc. 14, 15; 1977, c. 492; 1990, c. 788; 1991, c. 7; 1994, 2nd Sp.Sess., cc. 1, 2; 1995, c. 427; 2000, cc. 361, 767, 770; 2003, cc. 1031, 1040;2006, cc. 36, 733.)