Virginia Code

Va. Code Ann. § 18.2-33 (2026)

Felony homicide defined; punishment

✓ current as of May 2026

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The killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other than those specified in §§ 18.2-31 and 18.2-32, is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five years nor more than forty years.

1975, cc. 14, 15; 1999, c. 282.

Notes of Decisions

Cited in 76 cases (18 in the last 5 years), 1977–2026 · leading case: Payne v. Com., 674 S.E.2d 835 (Va. 2009).

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Payne v. Com., 674 S.E.2d 835 (Va. 2009). · cites it 12× “Payne was charged with felony homicide in violation of Code § 18.2-33, aggravated involuntary manslaughter in violation of Code § 18.”

Griffin v. Commonwealth, 533 S.E.2d 653 (Va. Ct. App. 2000). · cites it 15× “(appellant) was convicted in a jury trial of felony murder, in violation of Code § 18.2-33, use of a firearm in the commission of felony murder, in violation of Code § 18.”

Carlos Abraham Martinelly Montano, s/k/a, etc. v. Commonwealth of Virginia, 739 S.E.2d 241 (Va. Ct. App. 2013). · cites it 15× “” Code § 18.2-33 states: The killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other than those specified in §§ 18.”

Eaton v. Commonwealth, 397 S.E.2d 385 (Va. 1990). · cites it 4× “The felony murder statute, Code § 18.2-33, defines the crime as "[t]he killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act.”

Essex v. Commonwealth, 322 S.E.2d 216 (Va. 1984). · cites it 4× “Indeed, Code § 18.2-33, enacted in 1975, provides: "The killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other than those specified in §§ 18.”

Smith v. Brown, 781 S.E.2d 744 (Va. 2016). · cites it 6× “In 2011, pursuant to a plea agreement, Smith pleaded guilty to felony murder, in violation of Code § 18.2-33, and distribution of a Schedule I controlled substance, as an accommodation, in violation of Code § 18.”

Heacock v. Commonwealth, 323 S.E.2d 90 (Va. 1984). · cites it 6× “” Code § 18.2-33. While § 18.2-32 contemplates a “killing with malice”, the malice intrinsic in the commission of one of the predicate felonies “provides the malice prerequisite to a finding that the homicide was murder.”

Berkeley v. Commonwealth, 451 S.E.2d 41 (Va. Ct. App. 1994). · cites it 8× “2d 90, 94 (1984), the Supreme Court affirmed Heacock's conviction for felony-murder under Code § 18.2-33. The Court found immaterial Heacock's contention that the evidence failed to show that he administered the fatal injection.”

King v. Commonwealth, 368 S.E.2d 704 (Va. Ct. App. 1988). · cites it 6× “We consider whether the facts in this case constitute a violation of the felony-murder statute, Code § 18.2-33. Nelson James King appeals his conviction of second degree murder under the statute.”

Doane v. Commonwealth, 237 S.E.2d 797 (Va. 1977). · cites it 8× “While his assignments of error raise several issues, in deciding this appeal we reach only the defendant’s claim that the trial court erred in applying the felony-murder rule of Code § 18.2-33 1 to the facts of his case.”

Hylton v. Commonwealth, 723 S.E.2d 628 (Va. Ct. App. 2012). · cites it 8× “In a jury trial, Lisa Michelle Hylton (appellant) was convicted of second-degree felony murder, pursuant to Code § 18.2-33, and felonious child abuse and neglect, pursuant to Code § 18.”

Payne v. Commonwealth, 661 S.E.2d 513 (Va. Ct. App. 2008). · cites it 8× “Following a jury trial, Kelly Dinelle Payne (“appellant”) was convicted of felony homicide, in violation of Code § 18.2-33; aggravated involuntary manslaughter, in violation of Code § 18.”

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