An attempt to contract for an illegal purpose—to commit a murder or other crime or to facilitate an illegal objective (a promissory note for the purchase of illegal drugs)—is unenforceable and does not create a contract. A purported contract that is found to be for an illegal purpose is void and treated as if it never existed.
In Virginia, as in all states, a contract must have a lawful purpose to be enforceable. If a contract is made with the intent to commit a crime, such as murder, or to facilitate an illegal objective, such as the purchase of illegal drugs, it is considered void ab initio, meaning it is treated as if it never existed. Virginia law does not recognize any agreement that requires a party to commit a criminal act or that is based on an illegal consideration. Such contracts are against public policy and, therefore, unenforceable. This principle is rooted in the common law and is also reflected in various statutes that govern contracts and criminal activities within the state.