DCJS Virginia Criminal Law 3 — Questions and Answers
Question 1: Under Virginia law, arson of an occupied dwelling is classified as which type of offense?
- Class 6 felony
- Class 3 felony (Correct answer)
- Class 1 misdemeanor
- Class 4 felony
Correct 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.
Question 2: In Virginia, 'accessory before the fact' is best described as:
- A person who assists the principal at the crime scene
- A person who counsels, commands, or encourages a felony but is not present during its commission (Correct answer)
- A person who helps the offender escape after the crime
- A person who fails to report a crime they witnessed
Correct 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.
Question 3: Under Virginia Code § 18.2-111, which of the following constitutes embezzlement?
- Secretly taking another's property from their home
- Fraudulent conversion of property lawfully entrusted to the defendant (Correct answer)
- Obtaining property by false pretenses
- Taking property by force from the owner's person
Correct 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.
Question 4: Which Virginia statute governs the unlawful possession of a concealed weapon, and what is its base classification?
- § 18.2-308; Class 1 misdemeanor for a first offense (Correct answer)
- § 18.2-53.1; Class 6 felony
- § 18.2-279; Class 4 felony
- § 18.2-57; Class 2 misdemeanor
Correct 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.
Question 5: For a conviction of extortion under Virginia law, which element must the prosecution prove?
- The defendant used physical violence to obtain property
- The defendant obtained or attempted to obtain property by threatening to accuse someone of a crime or expose them to disgrace (Correct answer)
- The defendant forged a document to obtain money
- The defendant secretly converted entrusted funds
Correct 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.
Question 6: Under Virginia law, what constitutes 'sexual battery' as distinct from rape?
- Sexual battery requires penetration to occur
- Sexual battery involves non-consensual sexual touching using force, threat, or intimidation without penetration (Correct answer)
- Sexual battery only applies to victims under 18
- Sexual battery requires prior relationship between victim and offender
Correct 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.
Question 7: Under Virginia's felony murder rule, a defendant is guilty of first-degree murder if a death occurs during which of the following crimes?
- Trespass or disorderly conduct
- Arson, rape, robbery, or burglary (Correct answer)
- Assault and battery or malicious mischief
- Petit larceny or shoplifting
Correct 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.
DCJS Virginia Criminal Law 3
Under Virginia law, arson of an occupied dwelling is classified as which type of offense?