Virginia criminal charge
Illegal use of tear gas, phosgene and other gases in Virginia
Illegal use of tear gas, phosgene and other gases is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-312. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-312.
What is the penalty for illegal use of tear gas, phosgene and other gases in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 20 years (Malicious release causing bodily injury — Applies when a person maliciously releases the gas in a home, business, or public gathering place and bodily injury results.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Malicious release causing bodily injury — Applies when a person maliciously releases the gas in a home, business, or public gathering place and bodily injury results.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Unlawful but not malicious release — Applies when the act of releasing the gas is done unlawfully but without malice.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Unlawful but not malicious release — Applies when the act of releasing the gas is done unlawfully but without malice.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is illegal use of tear gas, phosgene and other gases classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Malicious release causing bodily injury | class 3 felony | Applies when a person maliciously releases the gas in a home, business, or public gathering place and bodily injury results. | Va. Code Ann. § 18.2-312undefined |
| Unlawful but not malicious release | class 6 felony | Applies when the act of releasing the gas is done unlawfully but without malice. | Va. Code Ann. § 18.2-312undefined |
Common questions about illegal use of tear gas, phosgene and other gases in Virginia
Is illegal use of tear gas, phosgene and other gases a felony or a misdemeanor in Virginia?
It depends on the circumstances: illegal use of tear gas, phosgene and other gases ranges from a class 6 felony to a class 3 felony in Virginia under Va. Code Ann. § 18.2-312.
Malicious release causing bodily injury: class 3 felony (Va. Code Ann. § 18.2-312) · Unlawful but not malicious release: class 6 felony (Va. Code Ann. § 18.2-312)
What are the penalties for illegal use of tear gas, phosgene and other gases in Virginia?
Penalties for illegal use of tear gas, phosgene and other gases in Virginia depend on how it is classified — from a class 6 felony up to a class 3 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers illegal use of tear gas, phosgene and other gases?
Illegal use of tear gas, phosgene and other gases is governed by Va. Code Ann. § 18.2-312 (Illegal use of tear gas, phosgene and other gases).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.