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Virginia criminal charge

Partial birth infanticide in Virginia

class 4 felonyCurrent through 2026 Virginia legislative session

Partial birth infanticide is a class 4 felony under Virginia criminal law, defined by Va. Code Ann. § 18.2-71.1. As a class 4 felony, it is punishable within the statutory sentencing range Virginia sets for that offense class. Virginia classifies offenses as Class 1 through Class 6 felonies and Class 1 through Class 4 misdemeanors (Va. Code Ann. § 18.2-9), with the standard punishment ranges set by §§ 18.2-10 and 18.2-11 — and a substantial number of offenses are unclassified, with the penalty stated in the defining section itself. Traffic infractions are not criminal offenses (§ 18.2-8).

Defined by Va. Code Ann. § 18.2-71.1.

What is the penalty for partial birth infanticide in Virginia?

Penalties for Partial birth infanticide
PenaltyRangeBasisAuthority
Jail / prison2 years to 10 yearsmandatoryVa. Code Ann. § 18.2-10
Fineup to $100,000 (only together with imprisonment (§ 18.2-10(g)))discretionaryVa. Code Ann. § 18.2-10

Applies to current.

Common questions about partial birth infanticide in Virginia

Is partial birth infanticide a felony or a misdemeanor in Virginia?

Partial birth infanticide is a class 4 felony in Virginia under Va. Code Ann. § 18.2-71.1.

What are the penalties for partial birth infanticide in Virginia?

As a class 4 felony, partial birth infanticide carries 2 years to 10 years of incarceration and a fine of up to $100,000 (no mandatory minimum) under Va. Code Ann. § 18.2-10 (current).

Which Virginia statute covers partial birth infanticide?

Partial birth infanticide is governed by Va. Code Ann. § 18.2-71.1 (Partial birth infanticide; penalty).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.