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1994 SESSION


CHAPTER 950
An Act to amend and reenact 18.2-53.1 of the Code of Virginia, relating to use of a firearm; penalty.
[H 1317]
Approved April 20, 1994

 

Be it enacted by the General Assembly of Virginia:

1. That 18.2-53.1 of the Code of Virginia is amended and reenacted as follows:

18.2-53.1. Use or display of firearm in committing felony.

It shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit murder, rape, forcible sodomy, inanimate or animate object sexual penetration as defined in 18.2-67.2, robbery, carjacking, burglary, malicious wounding as defined in 18.2-51, malicious bodily injury to a law-enforcement officer as defined in 18.2-51.1, aggravated malicious wounding as defined in 18.2-51.2, malicious wounding by mob as defined in 18.2-41 or abduction. Violation of this section shall constitute a separate and distinct felony and any person found guilty thereof shall be sentenced to a term of imprisonment of three years for a first conviction, and for a term of five years for a second or subsequent conviction under the provisions of this section. Notwithstanding any other provision of law, the sentence prescribed for a violation of the provisions of this section shall not be suspended in whole or in part, nor shall anyone convicted hereunder be placed on probation. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.