Virginia Criminal Law Flashcards
7 cards from real DCJS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Virginia Criminal Law flashcards as text
Under Virginia law, arson of an occupied dwelling is classified as which type of offense?
Answer: Class 3 felony
Malicious burning of an occupied dwelling under § 18.2-77 is a Class 3 felony, reflecting the high danger posed to human life.
In Virginia, 'accessory before the fact' is best described as:
Answer: A person who counsels, commands, or encourages a felony but is not present during its commission
An accessory before the fact is one who aids or encourages the principal offender prior to the crime but is absent when it is committed.
Under Virginia Code § 18.2-111, which of the following constitutes embezzlement?
Answer: Fraudulent conversion of property lawfully entrusted to the defendant
Embezzlement involves the fraudulent appropriation of property that was lawfully placed in the defendant's care or custody, distinguishing it from theft where possession was never lawfully obtained.
Which Virginia statute governs the unlawful possession of a concealed weapon, and what is its base classification?
Answer: § 18.2-308; Class 1 misdemeanor for a first offense
Under § 18.2-308, carrying a concealed handgun without a valid permit is a Class 1 misdemeanor on a first offense, with enhanced penalties for subsequent offenses.
For a conviction of extortion under Virginia law, which element must the prosecution prove?
Answer: The defendant obtained or attempted to obtain property by threatening to accuse someone of a crime or expose them to disgrace
Virginia extortion (blackmail) requires the defendant to have obtained or sought property by threatening to accuse someone of a crime or expose damaging information.
Under Virginia law, what constitutes 'sexual battery' as distinct from rape?
Answer: Sexual battery involves non-consensual sexual touching using force, threat, or intimidation without penetration
Sexual battery under § 18.2-67.4 covers non-consensual sexual abuse accomplished through force, threat, or intimidation that does not involve penetration.
Under Virginia's felony murder rule, a defendant is guilty of first-degree murder if a death occurs during which of the following crimes?
Answer: Arson, rape, robbery, or burglary
Virginia's felony murder rule elevates a killing to first-degree murder when it occurs during the commission of arson, rape, robbery, burglary, or certain other enumerated felonies.