2006 Code of Virginia § 19.2-264.2 - Conditions for imposition of death sentence

19.2-264.2. Conditions for imposition of death sentence.

In assessing the penalty of any person convicted of an offense for which thedeath penalty may be imposed, a sentence of death shall not be imposed unlessthe court or jury shall (1) after consideration of the past criminal recordof convictions of the defendant, find that there is a probability that thedefendant would commit criminal acts of violence that would constitute acontinuing serious threat to society or that his conduct in committing theoffense for which he stands charged was outrageously or wantonly vile,horrible or inhuman in that it involved torture, depravity of mind or anaggravated battery to the victim; and (2) recommend that the penalty of deathbe imposed.

(1977, c. 492.)