Va. Code §18.2-474.1 criminalizes delivery of a controlled substance to a prisoner in Virginia. It also criminalizes the attempted delivery of a controlled substance to a prisoner and punishes it the same way.
Proof of Delivery of a Controlled Substance to Prisoner in Virginia
The Commonwealth must prove willful delivery to convict an offender of Delivery of a Controlled Substance to Prisoner under Va. Code §18.2-474.1. This means that the offender knew that he was delivering a controlled substance and intended for the prisoner to have the controlled substance.
Additionally, the Commonwealth must prove that what was delivered was a controlled substance. A controlled substance is defined in Va. Code §54.1-3401 as “a drug, substance, or immediate precursor in Schedules I through VI of this chapter… ” Proof that the drug was a controlled substance is usually introduced through the results of lab tests. For more information on controlled substances in Virginia, click here.
Penalty for Delivery of a Controlled Substance to Prisoner in Virginia
Delivery of a Controlled Substance to Prisoner in Virginia: The Statute (VA. Code § 18.2-474.1)
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