Virginia Code 18.2-46.2: Prohibited criminal street gang participation; penalty.
A. Any person who actively participates in or is a member of a criminal street gang and who knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang is guilty of a Class 4 felony. However, (i) if such participant in or member of a criminal street gang is 18 years of age or older and knows or has reason to know that such criminal street gang also includes a juvenile member or participant or (ii) if such predicate criminal act is an act of violence as defined in § 18.2-46.1, he is guilty of a Class 3 felony.
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 3 felony | 5 to 20 years | up to $100,000 |
| Class 4 felony | 2 to 10 years | up to $100,000 |
Terms Used In Virginia Code 18.2-46.2
- Act of violence: means those felony offenses described in subsection C of § Virginia Code 18.2-46.1
- Criminal street gang: means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction. See Virginia Code 18.2-46.1
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Predicate criminal act: means (i) an act of violence; (ii) any violation of § Virginia Code 18.2-46.1
B. Violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.