Virginia Code

Va. Code Ann. § 18.2-63.1 (2026)

Death of victim

✓ current as of May 2026
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When the death of the victim occurs in connection with an offense under this article, it shall be immaterial in the prosecution thereof whether the alleged offense occurred before or after the death of the victim.

1978, c. 803; 1981, c. 397.

Notes of Decisions
Cited in 3 cases, 1983–2017 · leading case: Coleman v. Commonwealth, 307 S.E.2d 864 (Va. 1983).
Coleman v. Commonwealth, 307 S.E.2d 864 (Va. 1983). · cites it 4× “Instruction XIII was based on Code § 18.2-63.1. 3 The trial court gave it because it was “helpful to the jury.”
Spencer v. Commonwealth, 384 S.E.2d 775 (Va. 1989). · cites it 2× “Rejecting Coleman’s contention, we said: [The instruction] was based on Code § 18.2-63.1. The trial court gave it because it was “helpful to the jury.”
United States v. Jorge Torrez, 869 F.3d 291 (4th Cir. 2017). “Because Virginia criminalizes even the use of toy guns that look like real ones unjler Va. Code § 18.2-63.1 and the use of any deadly weapon during a burglary under Va.”
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