Virginia Code

Va. Code Ann. § 19.2-300 (2026)

Deferring for mental examination sentence of person convicted of offense indicating sexual abnormality

✓ current as of May 2026

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In the case of the conviction in any circuit court of any person for any criminal offense which indicates sexual abnormality, the trial judge may on his own initiative, or shall upon application of the attorney for the Commonwealth, the defendant, or counsel for defendant or other person acting for the defendant, defer sentence until the report of a mental examination conducted as provided in § 19.2-301 of the defendant can be secured to guide the judge in determining what disposition shall be made of the defendant.

Code 1950, § 53-278.2; 1950, p. 897; 1970, c. 62; 1975, c. 495; 1990, c. 697.

Notes of Decisions

Cited in 16 cases (4 in the last 5 years), 1980–2024 · leading case: Alsberry v. Commonwealth, 572 S.E.2d 522 (Va. Ct. App. 2002).

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Alsberry v. Commonwealth, 572 S.E.2d 522 (Va. Ct. App. 2002). · cites it 14× “On appeal, Alsberry contends the decision whether to order a mental evaluation before sentencing pursuant to Code § 19.2-300 is not discretionary. Because his animate object penetration conviction, one of the convictions for which he was originally sentenced, and his “Peeping…”

Simerly v. Commonwealth, 514 S.E.2d 387 (Va. Ct. App. 1999). · cites it 74× “On appeal, he argues that the trial court erred in refusing to defer sentencing for a mental examination pursuant to Code §§ 19.2-300 and 19.2-176. We affirm the trial court's refusal to order a mental examination pursuant to Code § 19.”

Burns v. Commonwealth, 541 S.E.2d 872 (Va. 2001). · cites it 6× “2-300 provides, that, when any person is convicted for any criminal offense which indicates sexual abnormality, the trial judge .”

Franklin Minor v. Commonwealth of Virginia, 791 S.E.2d 757 (Va. Ct. App. 2016). · cites it 4× “Consistent with the plea agreement, the court ordered a presentence report and an evaluation pursuant to Code § 19.2-300. The trial court memorialized its acceptance of the guilty pleas in an August 21, 2015 order that specifically referenced the trial court’s acceptance of the…”

Billips v. Commonwealth, 630 S.E.2d 340 (Va. Ct. App. 2006). · cites it 8× “01(A) (providing that "the court shall (i) have presented to it the appropriate discretionary sentencing guidelines worksheets and (ii) review and consider the suitability of the applicable discretionary sentencing guidelines" and that, "[i]n cases tried by a jury, the jury…”

Justus v. Commonwealth, 266 S.E.2d 87 (Va. 1980). · cites it 2× “Neither did the trial court err by refusing to order a post conviction psychiatric examination pursuant to Code § 19.2-300. The statute provides that in case of a conviction in a court of record of any person for any criminal offense which indicates sexual abnormality,…”

Billips v. Com., 652 S.E.2d 99 (Va. 2007). · cites it 2× “The circuit court, before sentencing, ordered a presentence report containing a psychosexual evaluation pursuant to Code § 19.2-300. At the initial sentencing hearing, defense counsel objected to the presentence report and to the testimony of a licensed clinical social worker…”

Burns v. Com., 541 S.E.2d 872 (Va. 2001). · cites it 6× “2-300 provides, that, when any person is convicted for any criminal offense which indicates sexual abnormality, the trial judge .”

Husske v. Commonwealth, 448 S.E.2d 331 (Va. Ct. App. 1994). · cites it 4× “The trial court imposed a suspended sentence conditioned, inter alia, on the continuation of therapy and a report pursuant to Code § 19.2-300. At his wife's insistence, Husske admitted to his therapist his commission of the crimes involved in this case.”

Justin Blake Cox v. Commonwealth of Virginia (Va. Ct. App. 2021). · cites it 14× “2-301 did not independently require psychosexual evaluations of all defendants prior to sentencing, and (2) Code §§ 19.2-300 and -301 read together require such evaluations only when requested by one of the parties prior to sentencing.”

Brian Edward Sheets v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 10× “At the sentencing hearing, the trial court stated that it had considered the unique facts of this case, the victim impact statement, and the Code § 19.2-300 report that it had asked to be prepared prior to sentencing.”

Commonwealth v. Jones, 51 Va. Cir. 431 (Charlottesville Cir. Ct. 2000). · cites it 9× “Va. Code Ann. § 19.2-300 (Michie 1995) (emphasis added).”

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