The killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other than those specified in §§ 18.2-31 and 18.2-32, is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five years nor more than forty years.
Va. Code Ann. § 18.2-33
Felony homicide defined; punishment
Applied in 7 court decisions — leading case 17 Va. App. 239 - Talbert v. Commonwealth (1993)
Most recently applied in Nationwide Property & Casualty Insurance Co. v. Fraraccio (April 2017)
1975, cc. 14, 15; 1999, c. 282.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.