DCJS Virginia Criminal Law 4 — Questions and Answers
Question 1: Under Virginia law, what threshold distinguishes grand larceny from petit larceny when property is not taken directly from the person?
- $200 or more
- $500 or more
- $1,000 or more (Correct answer)
- $2,500 or more
Correct answer: $1,000 or more
As of 2020, Virginia Code § 18.2-95 sets the grand larceny threshold at $1,000 or more when property is not taken from the person.
Question 2: A person in Virginia receives stolen property knowing it was stolen. Under which statute can they be charged, and what is the maximum classification?
- § 18.2-108; up to a Class 5 felony if value exceeds grand larceny threshold (Correct answer)
- § 18.2-95; Class 4 felony regardless of value
- § 18.2-111; Class 6 felony
- § 18.2-57; Class 1 misdemeanor
Correct answer: § 18.2-108; up to a Class 5 felony if value exceeds grand larceny threshold
Receiving stolen goods under § 18.2-108 carries the same penalties as the underlying larceny, meaning it can rise to a Class 5 felony when the value meets or exceeds the grand larceny threshold.
Question 3: Under Virginia Code § 18.2-36, what is the crime of 'involuntary manslaughter'?
- An intentional killing committed in the heat of passion
- An accidental killing resulting from criminally negligent or unlawful conduct (Correct answer)
- A killing committed during the commission of a felony
- A premeditated killing with no justification
Correct answer: An accidental killing resulting from criminally negligent or unlawful conduct
Involuntary manslaughter covers accidental deaths caused by the defendant's criminally negligent behavior or an unlawful act that does not amount to a felony.
Question 4: Which of the following scenarios most likely satisfies the 'malice' element required for malicious wounding under § 18.2-51?
- A driver accidentally strikes a pedestrian while distracted
- An officer fires in self-defense after a threat is displayed
- A person deliberately shoots another in a dispute over a parking space (Correct answer)
- A person shoves another during a heated argument with no weapon involved
Correct answer: A person deliberately shoots another in a dispute over a parking space
Malice requires a deliberate, willful act done without legal justification; intentionally shooting someone in a non-self-defense context over a trivial dispute demonstrates that malicious intent.
Question 5: Under Virginia law, what is required to charge a juvenile as an adult for a felony offense?
- The juvenile must be at least 14 and the court must certify the case for adult prosecution (Correct answer)
- Juveniles can never be tried as adults in Virginia
- Any felony automatically transfers the case to circuit court regardless of age
- The prosecutor must obtain a grand jury indictment
Correct answer: The juvenile must be at least 14 and the court must certify the case for adult prosecution
Virginia allows juveniles aged 14 or older to be tried as adults for felonies through a certification hearing in juvenile court where the judge evaluates statutory criteria.
Question 6: Under Virginia Code § 18.2-248, which activity related to controlled substances constitutes a separate and more serious offense than simple possession?
- Possessing a controlled substance for personal use only
- Manufacturing, selling, giving, distributing, or possessing with intent to distribute a Schedule I or II drug (Correct answer)
- Being present where drug use is occurring
- Purchasing a controlled substance for another person
Correct answer: Manufacturing, selling, giving, distributing, or possessing with intent to distribute a Schedule I or II drug
Distribution and possession with intent to distribute are distinct and more seriously punished than simple possession under § 18.2-248.
Question 7: In Virginia, the crime of 'computer fraud' under § 18.2-152.3 requires the offender to:
- Physically steal a computer device
- Use a computer or network without authorization to commit fraud, obtain property, or interrupt services (Correct answer)
- Access only government computer systems
- Be employed by the targeted organization
Correct answer: Use a computer or network without authorization to commit fraud, obtain property, or interrupt services
Virginia's computer fraud statute targets unauthorized computer access used to defraud, obtain money or property, or disrupt services.
DCJS Virginia Criminal Law 4
Under Virginia law, what threshold distinguishes grand larceny from petit larceny when property is not taken directly from the person?