18.2-31 - Capital murder defined; punishment.
§ 18.2-31. Capital murder defined; punishment.
The following offenses shall constitute capital murder, punishable as a Class1 felony:
1. The willful, deliberate, and premeditated killing of any person in thecommission of abduction, as defined in § 18.2-48, when such abduction wascommitted with the intent to extort money or a pecuniary benefit or with theintent to defile the victim of such abduction;
2. The willful, deliberate, and premeditated killing of any person by anotherfor hire;
3. The willful, deliberate, and premeditated killing of any person by aprisoner confined in a state or local correctional facility as defined in §53.1-1, or while in the custody of an employee thereof;
4. The willful, deliberate, and premeditated killing of any person in thecommission of robbery or attempted robbery;
5. The willful, deliberate, and premeditated killing of any person in thecommission of, or subsequent to, rape or attempted rape, forcible sodomy orattempted forcible sodomy or object sexual penetration;
6. The willful, deliberate, and premeditated killing of a law-enforcementofficer as defined in § 9.1-101, a fire marshal appointed pursuant to § 27-30or a deputy or an assistant fire marshal appointed pursuant to § 27-36, whensuch fire marshal or deputy or assistant fire marshal has police powers asset forth in §§ 27-34.2 and 27-34.2:1, an auxiliary police officer appointedor provided for pursuant to §§ 15.2-1731 and 15.2-1733, an auxiliary deputysheriff appointed pursuant to § 15.2-1603, or any law-enforcement officer ofanother state or the United States having the power to arrest for a felonyunder the laws of such state or the United States, when such killing is forthe purpose of interfering with the performance of his official duties;
7. The willful, deliberate, and premeditated killing of more than one personas a part of the same act or transaction;
8. The willful, deliberate, and premeditated killing of more than one personwithin a three-year period;
9. The willful, deliberate, and premeditated killing of any person in thecommission of or attempted commission of a violation of § 18.2-248, involvinga Schedule I or II controlled substance, when such killing is for the purposeof furthering the commission or attempted commission of such violation;
10. The willful, deliberate, and premeditated killing of any person byanother pursuant to the direction or order of one who is engaged in acontinuing criminal enterprise as defined in subsection I of § 18.2-248;
11. The willful, deliberate, and premeditated killing of a pregnant woman byone who knows that the woman is pregnant and has the intent to cause theinvoluntary termination of the woman's pregnancy without a live birth;
12. The willful, deliberate, and premeditated killing of a person under theage of fourteen by a person age twenty-one or older;
13. The willful, deliberate, and premeditated killing of any person byanother in the commission of or attempted commission of an act of terrorismas defined in § 18.2-46.4;
14. The willful, deliberate, and premeditated killing of a justice of theSupreme Court, a judge of the Court of Appeals, a judge of a circuit court ordistrict court, a retired judge sitting by designation or under temporaryrecall, or a substitute judge appointed under § 16.1-69.9:1 when the killingis for the purpose of interfering with his official duties as a judge; and
15. The willful, deliberate, and premeditated killing of any witness in acriminal case after a subpoena has been issued for such witness by the court,the clerk, or an attorney, when the killing is for the purpose of interferingwith the person's duties in such case.
If any one or more subsections, sentences, or parts of this section shall bejudged unconstitutional or invalid, such adjudication shall not affect,impair, or invalidate the remaining provisions thereof but shall be confinedin its operation to the specific provisions so held unconstitutional orinvalid.
(Code 1950, §§ 18.1-21, 53-291; 1960, c. 358; 1962, c. 42; 1966, c. 300;1970, c. 648; 1973, c. 403; 1975, cc. 14, 15; 1976, c. 503; 1977, c. 478;1979, c. 582; 1980, c. 221; 1981, c. 607; 1982, c. 636; 1983, c. 175; 1985,c. 428; 1988, c. 550; 1989, c. 527; 1990, c. 746; 1991, c. 232; 1995, c. 340;1996, cc. 876, 959; 1997, cc. 235, 313, 514, 709; 1998, c. 887; 2002, cc.588, 623; 2007, cc. 844, 845, 846; 2010, cc. 399, 428, 475.)