A. The following offenses shall constitute aggravated murder, punishable as a Class 1 felony:
1. The willful, deliberate, and premeditated killing of any person in the commission of abduction, as defined in § 18.2-48, when such abduction was committed with the intent to extort money or a pecuniary benefit or with the intent to defile the victim of such abduction;
2. The willful, deliberate, and premeditated killing of any person by another for hire;
3. The willful, deliberate, and premeditated killing of any person by a prisoner confined in a state or local correctional facility as defined in § 53.1-1, or while in the custody of an employee thereof;
4. The willful, deliberate, and premeditated killing of any person in the commission of robbery or attempted robbery;
5. The willful, deliberate, and premeditated killing of any person in the commission of, or subsequent to, rape or attempted rape, forcible sodomy, or attempted forcible sodomy or object sexual penetration;
6. The willful, deliberate, and premeditated killing of a law-enforcement officer as defined in § 9.1-101, a fire marshal appointed pursuant to § 27-30 or a deputy or an assistant fire marshal appointed pursuant to § 27-36, when such fire marshal or deputy or assistant fire marshal has police powers as set forth in §§ 27-34.2 and 27-34.2:1, an auxiliary police officer appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, an auxiliary deputy sheriff appointed pursuant to § 15.2-1603, or any law-enforcement officer of another state or the United States having the power to arrest for a felony under the laws of such state or the United States, when such killing is for the purpose of interfering with the performance of his official duties;
7. The willful, deliberate, and premeditated killing of more than one person as a part of the same act or transaction;
8. The willful, deliberate, and premeditated killing of more than one person within a three-year period;
9. The willful, deliberate, and premeditated killing of any person in the commission of or attempted commission of a violation of § 18.2-248, involving a Schedule I or II controlled substance, when such killing is for the purpose of furthering the commission or attempted commission of such violation;
10. The willful, deliberate, and premeditated killing of any person by another pursuant to the direction or order of one who is engaged in a continuing criminal enterprise as defined in subsection I of § 18.2-248;
11. The willful, deliberate, and premeditated killing of a pregnant woman by one who knows that the woman is pregnant and has the intent to cause the involuntary termination of the woman's pregnancy without a live birth;
12. The willful, deliberate, and premeditated killing of a person under the age of 14 by a person age 21 or older;
13. The willful, deliberate, and premeditated killing of any person by another in the commission of or attempted commission of an act of terrorism as defined in § 18.2-46.4;
14. The willful, deliberate, and premeditated killing of a justice of the Supreme Court, a judge of the Court of Appeals, a judge of a circuit court or district court, a retired judge sitting by designation or under temporary recall, or a substitute judge appointed under § 16.1-69.9:1 when the killing is for the purpose of interfering with his official duties as a judge; and
15. The willful, deliberate, and premeditated killing of any witness in a criminal case after a subpoena has been issued for such witness by the court, the clerk, or an attorney, when the killing is for the purpose of interfering with the person's duties in such case.
B. For a violation of subdivision A 6 where the offender was 18 years of age or older at the time of the offense, the punishment shall be no less than a mandatory minimum term of confinement for life.
C. If any one or more subsections, sentences, or parts of this section shall be judged unconstitutional or invalid, such adjudication shall not affect, impair, or invalidate the remaining provisions thereof but shall be confined in its operation to the specific provisions so held unconstitutional or invalid.
Code 1950, §§ 18.1-21, 53-291; 1960, c. 358; 1962, c. 42; 1966, c. 300; 1970, c. 648; 1973, c. 403; 1975, cc. 14, 15; 1976, c. 503; 1977, c. 478; 1979, c. 582; 1980, c. 221; 1981, c. 607; 1982, c. 636; 1983, c. 175; 1985, c. 428; 1988, c. 550; 1989, c. 527; 1990, c. 746; 1991, c. 232; 1995, c. 340; 1996, cc. 876, 959; 1997, cc. 235, 313, 514, 709; 1998, c. 887; 2002, cc. 588, 623; 2007, cc. 844, 845, 846; 2010, cc. 399, 428, 475; 2019, cc. 717, 835; 2021, Sp. Sess. I, cc. 344, 345.
Notes of Decisions
Severance v. Commonwealth (2018)
va · cites it 249×
“2-31(8) in the same manner that we have interpreted Code § 18.2-31(7). See Oral Argument Audio at 14:30 to 14:56.”
Andrews v. Com. (2010)
va · cites it 132×
“As indicated in the question presented, "Andrews' objection to the imposition of four death sentences" was that two of the death sentences were being imposed for identical conduct charged under separate subsections of Code § 18.”
Muhammad v. Com. (2005)
va · cites it 53×
“We noted that: The capital murder indictment alleged that "on or about October 14, 1994, in the City of Richmond, Christopher Cornelius Goins did feloniously and unlawfully commit capital murder in that he did kill and murder Robert Jones in a willful, deliberate and…”
Burlile v. Commonwealth (2001)
va · cites it 66×
“” Nor are we concerned with the question whether the legislature would have intended for subsections (7) and (8) of Code § 18.2-31 to be mutually exclusive theories of capital murder, although it is self-evident that the killing of more than one person as part of the same act or…”
Gray v. Com. (2007)
va · cites it 86×
“" Gray does not cite, nor do we find, any criminal case with an equal protection analysis based on a "fundamental right to life and liberty.”
Powell v. Commonwealth (2004)
va · cites it 26×
“During oral argument of this appeal, Powell acknowledged that the Commonwealth may indict and convict an accused for multiple counts of capital murder of a single victim under different subsections of Code § 18.”
Payne v. Commonwealth (1999)
va · cites it 49×
“In determining what punishments the General Assembly has authorized, we first look to the capital murder statute, Code § 18.2-31. That statute provides, in pertinent part, as follows: The following offenses shall constitute capital murder, punishable as a Class 1 felony: .”
Martin v. Commonwealth (1980)
va · cites it 32×
“Code § 18.2-31 (f). Then, in the second stage, the jury fixed the defendant’s punishment at death.”
Porter v. Com. (2008)
va · cites it 12×
“The majority concludes that Porter did not establish a "particularized need" to have an expert assist him in presenting evidence to respond to the Commonwealth's contention that Porter was subject to the death penalty because he remained a continuing danger to society.”
Harward v. Commonwealth (1985)
va · cites it 34×
“2-31, we must look to the entire section as it read at the time of the offense: The following offenses shall constitute capital murder, punishable as a Class 1 felony: (a) The willful, deliberate and premeditated killing of any person in the commission of abduction, as defined…”
Powell v. Commonwealth (2001)
va · cites it 20×
“2d 89 (1985), comparing this language to language used in other subsections of Code § 18.2-31, we held that “[t]he phrase ‘in the commission of’ includes a killing before, during, and after the underlying felony, while the language ‘during the commission of, or subsequent to’…”
— Va. Code Ann. § 18.2-31(1) — 6 cases
Burlile v. Commonwealth (2001)
va
“” Nor are we concerned with the question whether the legislature would have intended for subsections (7) and (8) of Code § 18.2-31 to be mutually exclusive theories of capital murder, although it is self-evident that the killing of more than one person as part of the same act or…”
— Va. Code Ann. § 18.2-31(11) — 1 case
— Va. Code Ann. § 18.2-31(12) — 9 cases
Gray v. Com. (2007)
va
“" Gray does not cite, nor do we find, any criminal case with an equal protection analysis based on a "fundamental right to life and liberty.”
— Va. Code Ann. § 18.2-31(13) — 2 cases
Muhammad v. Com. (2005)
va
“We noted that: The capital murder indictment alleged that "on or about October 14, 1994, in the City of Richmond, Christopher Cornelius Goins did feloniously and unlawfully commit capital murder in that he did kill and murder Robert Jones in a willful, deliberate and…”
— Va. Code Ann. § 18.2-31(2) — 12 cases
Muhammad v. Com. (2005)
va
“We noted that: The capital murder indictment alleged that "on or about October 14, 1994, in the City of Richmond, Christopher Cornelius Goins did feloniously and unlawfully commit capital murder in that he did kill and murder Robert Jones in a willful, deliberate and…”
— Va. Code Ann. § 18.2-31(3) — 6 cases
Burlile v. Commonwealth (2001)
va
“” Nor are we concerned with the question whether the legislature would have intended for subsections (7) and (8) of Code § 18.2-31 to be mutually exclusive theories of capital murder, although it is self-evident that the killing of more than one person as part of the same act or…”
— Va. Code Ann. § 18.2-31(4) — 66 cases
Andrews v. Com. (2010)
va
“As indicated in the question presented, "Andrews' objection to the imposition of four death sentences" was that two of the death sentences were being imposed for identical conduct charged under separate subsections of Code § 18.”
Powell v. Commonwealth (2001)
va
“2d 89 (1985), comparing this language to language used in other subsections of Code § 18.2-31, we held that “[t]he phrase ‘in the commission of’ includes a killing before, during, and after the underlying felony, while the language ‘during the commission of, or subsequent to’…”
Payne v. Commonwealth (1999)
va
“In determining what punishments the General Assembly has authorized, we first look to the capital murder statute, Code § 18.2-31. That statute provides, in pertinent part, as follows: The following offenses shall constitute capital murder, punishable as a Class 1 felony: .”
— Va. Code Ann. § 18.2-31(4)(5) — 1 case
— Va. Code Ann. § 18.2-31(5) — 35 cases
Powell v. Commonwealth (2004)
va
“During oral argument of this appeal, Powell acknowledged that the Commonwealth may indict and convict an accused for multiple counts of capital murder of a single victim under different subsections of Code § 18.”
Powell v. Commonwealth (2001)
va
“2d 89 (1985), comparing this language to language used in other subsections of Code § 18.2-31, we held that “[t]he phrase ‘in the commission of’ includes a killing before, during, and after the underlying felony, while the language ‘during the commission of, or subsequent to’…”
Payne v. Commonwealth (1999)
va
“In determining what punishments the General Assembly has authorized, we first look to the capital murder statute, Code § 18.2-31. That statute provides, in pertinent part, as follows: The following offenses shall constitute capital murder, punishable as a Class 1 felony: .”
— Va. Code Ann. § 18.2-31(6) — 33 cases
Porter v. Com. (2008)
va
“The majority concludes that Porter did not establish a "particularized need" to have an expert assist him in presenting evidence to respond to the Commonwealth's contention that Porter was subject to the death penalty because he remained a continuing danger to society.”
— Va. Code Ann. § 18.2-31(7) — 39 cases
Severance v. Commonwealth (2018)
va
“2-31(8) in the same manner that we have interpreted Code § 18.2-31(7). See Oral Argument Audio at 14:30 to 14:56.”
Andrews v. Com. (2010)
va
“As indicated in the question presented, "Andrews' objection to the imposition of four death sentences" was that two of the death sentences were being imposed for identical conduct charged under separate subsections of Code § 18.”
Burlile v. Commonwealth (2001)
va
“” Nor are we concerned with the question whether the legislature would have intended for subsections (7) and (8) of Code § 18.2-31 to be mutually exclusive theories of capital murder, although it is self-evident that the killing of more than one person as part of the same act or…”
— Va. Code Ann. § 18.2-31(8) — 22 cases
Severance v. Commonwealth (2018)
va
“2-31(8) in the same manner that we have interpreted Code § 18.2-31(7). See Oral Argument Audio at 14:30 to 14:56.”
Andrews v. Com. (2010)
va
“As indicated in the question presented, "Andrews' objection to the imposition of four death sentences" was that two of the death sentences were being imposed for identical conduct charged under separate subsections of Code § 18.”
Muhammad v. Com. (2005)
va
“We noted that: The capital murder indictment alleged that "on or about October 14, 1994, in the City of Richmond, Christopher Cornelius Goins did feloniously and unlawfully commit capital murder in that he did kill and murder Robert Jones in a willful, deliberate and…”
Burlile v. Commonwealth (2001)
va
“” Nor are we concerned with the question whether the legislature would have intended for subsections (7) and (8) of Code § 18.2-31 to be mutually exclusive theories of capital murder, although it is self-evident that the killing of more than one person as part of the same act or…”
— Va. Code Ann. § 18.2-31(A)(1) — 1 case
— Va. Code Ann. § 18.2-31(A)(10) — 1 case
— Va. Code Ann. § 18.2-31(A)(12) — 1 case
— Va. Code Ann. § 18.2-31(A)(13) — 1 case
— Va. Code Ann. § 18.2-31(A)(15) — 1 case
— Va. Code Ann. § 18.2-31(A)(2) — 1 case
— Va. Code Ann. § 18.2-31(A)(4) — 2 cases
— Va. Code Ann. § 18.2-31(A)(6) — 6 cases
— Va. Code Ann. § 18.2-31(A)(8) — 2 cases
— Va. Code Ann. § 18.2-31(F) — 1 case
— Va. Code Ann. § 18.2-31(a) — 3 cases
— Va. Code Ann. § 18.2-31(b) — 8 cases
— Va. Code Ann. § 18.2-31(c) — 3 cases
— Va. Code Ann. § 18.2-31(d) — 47 cases
— Va. Code Ann. § 18.2-31(e) — 22 cases
Harward v. Commonwealth (1985)
va
“2-31, we must look to the entire section as it read at the time of the offense: The following offenses shall constitute capital murder, punishable as a Class 1 felony: (a) The willful, deliberate and premeditated killing of any person in the commission of abduction, as defined…”
— Va. Code Ann. § 18.2-31(f) — 13 cases
Martin v. Commonwealth (1980)
va
“Code § 18.2-31 (f). Then, in the second stage, the jury fixed the defendant’s punishment at death.”
— Va. Code Ann. § 18.2-31(g) — 11 cases
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.