Penalties

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  • (a) Whoever, whether under the laws of the Virgin Islands, the United States or a state or territory thereof, or any other jurisdiction, has been convicted of an offense which would be a felony in the Virgin Islands, shall upon a subsequent conviction of a felony in the Virgin Islands be incarcerated for a term of imprisonment of not less than ten years and may be incarcerated for the remainder of his natural life if such subsequent felony for which the person is convicted in the Virgin Islands was committed within ten (10) years after the date the person has completed serving his sentence on the prior felony conviction. If the last conviction is for a crime of violence, as defined in Title 23, section 451 of the Code, imposition or execution of this minimum period of incarceration shall not be suspended, nor shall probation be granted; neither shall parole or any other form of release be granted for this minimum period of incarceration.

  • (b) Whoever, whether under the laws of the Virgin Islands, the United States or a state or territory thereof, or any other jurisdiction, has been convicted of an offense which would be a felony in the Virgin Islands and a crime of violence as defined in Title 23, section 451(e) of the Code shall upon a subsequent conviction of a felony in the Virgin Islands, which is also a crime of violence as defined in the aforementioned provision, be incarcerated for a term of imprisonment of not less than ten years as provided in subsection (a) of this section, or not less than one-half the maximum sentence provided by law, whichever is greater, and may be incarcerated for the remainder of his natural life if the subsequent felony for which the person is convicted in the Virgin Islands, which is also a crime of violence as defined in Title 23, section 451(e) of the Virgin Islands Code, was committed within ten (10) years after the date the person has completed serving his sentence on the conviction for the prior felony and crime of violence. Imposition or execution of this minimum period of incarceration shall not be suspended, nor shall probation be granted; neither shall parole or any other form of release be granted for this minimum period of incarceration.

  • (c) Whoever, whether under the laws of the Virgin Islands, the United States or a state or territory thereof, or any other jurisdiction, has been convicted of an offense which would be a misdemeanor in the Virgin Islands punishable by 6 months or more imprisonment, and involving violence or the threat thereof to the person of another, shall upon a subsequent conviction of a felony in the Virgin Islands, which is a crime of violence as defined in Title 23, section 451(e) of the Code, be incarcerated for a term of imprisonment of not less than one-third the maximum sentence provided by law if the subsequent felony for which the person is convicted in the Virgin Islands, which is a crime of violence as defined in Title 23, section 451(e) of the Virgin Islands Code, was committed within ten (10) years after the date the person has completed serving his sentence on the prior misdemeanor conviction which involved violence or the threat thereof to the person of another. Imposition or execution of this minimum period of incarceration shall not be suspended, nor shall probation be granted; neither shall parole or any other form of release be granted for this minimum period of incarceration.

  • (d) Whoever, whether under the laws of the Virgin Islands, the United States or a state or territory thereof, or any other jurisdiction, has been convicted of an offense which would be a felony in the Virgin Islands and a crime of violence, as defined under Title 23, section 451(e) of the Code, or a misdemeanor in the Virgin Islands punishable by 6 months or more imprisonment and involving violence or the threat thereof to the person of another, shall upon a subsequent conviction of a misdemeanor in the Virgin Islands punishable by 6 months or more imprisonment, and involving violence or the threat thereof to the person of another, be incarcerated for a term of imprisonment of not less than three months if the subsequent misdemeanor punishable by 6 months or more imprisonment, and involving violence or the threat thereof to the person of another, for which the person is convicted in the Virgin Islands was committed within ten (10) years after the date the person has completed serving his sentence on the conviction for the prior felony which is also a crime of violence, as defined under Title 23, section 451(e) of the Virgin Islands Code or the prior misdemeanor in the Virgin Islands punishable by 6 months or more imprisonment and involving violence or the threat thereof to the person of another. Imposition or execution of this minimum period of incarceration shall not be suspended, nor shall probation be granted; neither shall parole or any other form of release be granted for this minimum period of incarceration.

  • (e) No conviction with respect to which a person has been pardoned on the ground of innocence shall be taken into account in applying this section.

  • (f)

    • (1) Whoever, under the laws of the Virgin Islands, has been convicted of an offense which is a domestic violence offense, shall, upon a subsequent conviction for a domestic violence offense, be incarcerated for a term of three (3) months in addition to any other penalty provided for the commission or attempted commission of the underlying domestic violence offense. The imposition or execution of this minimum period of incarceration shall not be suspended, nor shall probation be granted.

    • (2) In any prosecution alleging a subsequent domestic violence offense the prosecutor shall plead the prior domestic violence conviction in the information charging a second or subsequent domestic violence offense. The Government shall have the burden of proving the prior offense as an element of the subsequent offense. It is sufficient to prove the prior offense by the introduction into evidence of a certified copy of the conviction of the first offense.


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