Abduction (i) of any person with the intent to extort money or pecuniary benefit, (ii) of any person with intent to defile such person, (iii) of any child under sixteen years of age for the purpose of concubinage or prostitution, (iv) of any person for the purpose of prostitution, or (v) of any minor for the purpose of manufacturing child pornography shall be punishable as a Class 2 felony. If the sentence imposed for a violation of (ii), (iii), (iv), or (v) includes a term of confinement less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life subject to revocation by the court.
Code 1950, § 18.1-38; 1960, c. 358; 1966, c. 214; 1975, cc. 14, 15; 1993, c. 317; 1997, c. 747; 2006, cc. 853, 914; 2011, c. 785.
Notes of Decisions
Manneh Vay v. Commonwealth of Virginia, 795 S.E.2d 495 (Va. Ct. App. 2017).
· cites it 6× “1, and abduction with intent to defile in violation of Code § 18.2-48. On appeal, he argues that the trial court erred in 1) denying appellant’s motions to strike the evidence of abduction, 2) refusing to give a proposed jury instruction on the law of incidental detention, 3)…”
Clanton v. Commonwealth, 673 S.E.2d 904 (Va. Ct. App. 2009).
· cites it 8× “2-48 proscribes abduction with intent to extort money or for an immoral purpose, such as with the intent to defile, and thus requires a more specific mens rea (a more specific criminal intent above and beyond the general criminal intent to deprive a person of his liberty or…”
Wiggins v. Commonwealth, 622 S.E.2d 774 (Va. Ct. App. 2005).
· cites it 16× “Appellant Corey Alexander Wiggins ("Wiggins") appeals his convictions, following a jury trial, for three counts of abduction with the intent to extort money, in violation of Code § 18.2-48, and three counts of using a firearm in the commission of a felony, in violation of Code §…”
Barnes v. Commonwealth, 535 S.E.2d 706 (Va. Ct. App. 2000).
· cites it 21× “His motion was granted as to the firearm charge, and the Commonwealth amended the indictment from Code § 18.2-48, abduction for pecuniary benefit, to Code § 18.”
Turner v. Commonwealth, 694 S.E.2d 251 (Va. Ct. App. 2010).
· cites it 12× “" On September 5, 1996, the jury, after having been instructed on the legal theories of concert of action as well as principal in the first and second degrees, found Turner guilty of abduction with intent to defile, in violation of Code § 18.2-48, and murder, in violation of…”
Sims v. Commonwealth, 507 S.E.2d 648 (Va. Ct. App. 1998).
· cites it 12× “2-91, what time of day the alleged burglary occurred and what crime appellant intended to commit once he gained entry, and (2) under Code § 18.2-48, what force appellant used to seize victim and for what purpose he abducted her.”
United States v. Jorge Torrez, 869 F.3d 291 (4th Cir. 2017).
· cites it 6× “2-58 and abduction with nefarious intent in violation of Va. Code § 18.2-48 on February 10, 2010, in connection with his attack on M.”
Barnes v. Commonwealth, 360 S.E.2d 196 (Va. 1987).
· cites it 8× “1, and was sentenced to 2 years in prison; attempted robbery, and was sentenced in accordance with Code §§ 18.”
Smith v. Commonwealth, 697 S.E.2d 14 (Va. Ct. App. 2010).
· cites it 4× “Donta Termaine Smith (appellant) appeals his convictions of abduction with intent to defile, in violation of Code § 18.2-48, and attempted rape, in violation of Code §§ 18.”
Charles Albert Massey, III v. Commonwealth of Virginia, 793 S.E.2d 816 (Va. Ct. App. 2016).
· cites it 4× “Charles Albert Massey, III, appellant, was convicted by a jury of abduction with intent to defile in violation of Code § 18.2-48 and two counts of rape in violation of Code § 18.”
Cortner v. Commonwealth, 281 S.E.2d 908 (Va. 1981).
· cites it 10× “In this appeal we consider (1) whether the defendant is guilty of abduction for pecuniary benefit within Code § 18.2-48 and (2) whether he can be guilty of the use of a firearm in the commission of a felony in violation of Code § 18.”
— Va. Code Ann. § 18.2-48(1) — 1 case
— Va. Code Ann. § 18.2-48(i) — 6 cases
Wiggins v. Commonwealth, 622 S.E.2d 774 (Va. Ct. App. 2005).
“Appellant Corey Alexander Wiggins ("Wiggins") appeals his convictions, following a jury trial, for three counts of abduction with the intent to extort money, in violation of Code § 18.2-48, and three counts of using a firearm in the commission of a felony, in violation of Code §…”
— Va. Code Ann. § 18.2-48(ii) — 12 cases
— Va. Code Ann. § 18.2-48(iv) — 1 case
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