against multiple punishments for the same offense. North Carolina v. Pearce, 395 U.S. 711, 717, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). 7 . Under the Virginia capital murder statute, rape or attempted rape is considered a “gradation crime” — one that, when added to first degree murder, elevates the crime to capital murder. Thus, the “gradation crime victim” of Va.Code § 18.2-31(5) is the victim of the alleged rape or attempted rape, who may or may not be the murder victim. 8 . Sanabria followed previous Supreme Court precedent holding that when a defendant is charged with two violations of the same statute, the question is whether the legislature authorized two separately chargeable offenses or only one. See Bell v. United States, 349 U.S. 81, 82-83, 75 S.Ct. 620, 99 L.Ed. 905 (1955) (<HOLDING>) (quoting ch. 395, § 2, 36 Stat. 825, 825
holding that absent clear congressional intent a defendant charged with transporting two women in interstate commerce at the same time could be charged with only one violation of the mann act which criminalized transporting any woman in interstate commerce for the purpose of prostitution or debauchery or for any other immoral purpose recognizing that  the interstate nexus requirement is satisfied by proof of a probable or potential impact on interstate commerce holding that commerce clause authorizes congress to punish any particular criminal action even without proof of a relation to interstate commerce when the activity is part of a class of activities determined by congress to affect interstate commerce holding that mann act requires only that the defendants immoral purpose is only one of the dominant purposes holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce