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Will Virginia Beach carjacker get more time because of toddler?


Posted on Aug 31, 2009

A man facing charges of carjacking a van from outside of a 7-11 in Virginia Beach could face a longer sentence than normal because the van he took had a toddler inside.  This is because some judges have been adding additional time to prison sentences if the crime occurs in the presence of a child.

 

State legislators appear to support this move, as the Virginia Criminal Sentencing Commission has requested data on how many crimes occur in front of children.  If the data is compelling, lawmakers may changes sentencing guidelines for crimes witnessed by or involving children.

 

The Commission began the study after seeing an uptick in reports that judges were increasing prison sentences when prosecutors argued that the presence of a child should be taken into consideration.  The study is believed to be the first of its kind in the entire United States.

 

So far only 11 jurisdictions have responded to the request for data, with some complaining that gathering this data is a strain on already limited resources.  The commission plans to unveil updated results in Richmond September 21.

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