Virginia Code

Va. Code Ann. § 18.2-23.1 (2026)

Completed substantive offense bars conviction for conspiracy

✓ current as of May 2026

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Notwithstanding any other provision of this article or of § 18.2-256, in any case where a defendant has been tried and convicted of an act he has also conspired to commit, such defendant shall be subject to conviction only for the completed substantive offense and not thereafter be convicted for the underlying conspiracy.

1985, c. 376.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1986–2024 · leading case: Bowman v. Commonwealth, 397 S.E.2d 886 (Va. Ct. App. 1990).

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Bowman v. Commonwealth, 397 S.E.2d 886 (Va. Ct. App. 1990). · cites it 42× “These appeals arise from the conspiracy convictions of August 30, 1988, and February 14, 1989.”

Shilling v. Commonwealth, 359 S.E.2d 311 (Va. Ct. App. 1987). · cites it 16× “2-294; and 2) whether under the indictments and facts proved in support of the conspiracy charge, Code § 18.2-23.1 is a bar to the prosecution of that charge.”

Boyd v. Commonwealth, 374 S.E.2d 301 (Va. 1988). · cites it 7× “The answer to the question presented in this criminal appeal will determine to what extent the General Assembly changed the common law with the 1985 enactment of Code § 18.2-23.1, dealing with a prohibition against convictions for both a completed substantive offense and an…”

Schwartz v. Commonwealth, 611 S.E.2d 631 (Va. Ct. App. 2005). · cites it 4× “Appellant contends, nonetheless, that, because the trial court instructed the jury that the charged conspiracy was an element of the charged murder, the prohibition against double jeopardy protects her from being sentenced to consecutive terms for those crimes.”

Ramsey v. Commonwealth, 343 S.E.2d 465 (Va. Ct. App. 1986). · cites it 4× “1 Although not affecting the present case, effective July 1, 1985, the General Assembly enacted Code § 18.2-23.1 which provides: “Completed substantive offense bars conviction for conspiracy.”

Clauson v. Commonwealth, 511 S.E.2d 449 (Va. Ct. App. 1999). · cites it 6× “On February 10, 1998, appellant moved to dismiss the conspiracy charge, arguing that Code § 18.2-23.1 2 bars con *286 viction when the accused has been convicted of the substantive offense.”

Stevens v. Commonwealth, 415 S.E.2d 881 (Va. Ct. App. 1992). · cites it 4× “Finally, defendant’s contention that Code § 18.2-23.1 bars his conviction is also without merit.”

Peter Timothy Gionis v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 2× “at 508 (construing a statute regarding conspiracy, this Court stated, “We find no words in Code § 18.2-23.1 which we could construe as legislative intent to override the presumption that new laws are to be prospective in their operation.”

Vasquez v. Dotson (Va. 2024). · cites it 2× “He can be indicted for and convicted of both crimes.”

Commonwealth v. Garrett, 19 Va. Cir. 209 (Fredericksburg Cir. Ct. 1990). · cites it 5× “(In fact, Garrett appears to concede the interrelationship of the offenses by his reliance on Virginia Code § 18.2-23.1, discussed more below, which comes into play only when a defendant stands accused of a completed substantive offense and "the underlying conspiracy.”

Commonwealth v. Bowman, 14 Va. Cir. 256 (Henrico Cir. Ct. 1989). · cites it 4× “The defendant’s motion is based on Virginia Code Section 18.2-23.1, which bars the conviction of conspiracy when the defendant has been convicted of the underlying substantive offense.”

Commonwealth v. Powell, 26 Va. Cir. 122 (Amherst Cir. Ct. 1991). · cites it 2× “Also, § 18.2-23.1 does not bar the prosecution because under that statute, the common law rule is only modified to bar a prosecution for conspiracy when there has been a trial of an earlier substantive offense.”

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