Virginia criminal charge
Possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited in Virginia
Possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-46.6. 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. § 18.2-46.6.
What is the penalty for possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | at least 20 years (Possession/use/manufacture of actual weapon of terrorism, fire bomb, explosive material, or device with intent to commit act of terrorism — Applies when a person, with intent to commit an act of terrorism, possesses, uses, sells, gives, distributes, or manufactures a weapon of terrorism or a fire bomb, explosive material, or device as defined in § 18.2-85.; imprisonment for life or for any term not less than 20 years) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Possession/use/manufacture of actual weapon of terrorism, fire bomb, explosive material, or device with intent to commit act of terrorism — Applies when a person, with intent to commit an act of terrorism, possesses, uses, sells, gives, distributes, or manufactures a weapon of terrorism or a fire bomb, explosive material, or device as defined in § 18.2-85.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 5 years to 20 years (Imitation weapon of terrorism with intent to commit act of terrorism — Applies when a person, with intent to commit an act of terrorism, uses, sells, gives, distributes, or manufactures a device or material that appears to be or contain a weapon of terrorism, fire bomb, explosive material, or device but is actually an imitation.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Imitation weapon of terrorism with intent to commit act of terrorism — Applies when a person, with intent to commit an act of terrorism, uses, sells, gives, distributes, or manufactures a device or material that appears to be or contain a weapon of terrorism, fire bomb, explosive material, or device but is actually an imitation.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Imitation weapon of terrorism with intent to intimidate or cause evacuation/apprehension — Applies when a person, with intent to intimidate civilians, influence government conduct, compel emergency evacuation, or place a person in reasonable apprehension of bodily harm, uses, sells, gives, distributes, or manufactures a device or material appearing to be or contain a weapon of terrorism that is actually an imitation.; 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 (Imitation weapon of terrorism with intent to intimidate or cause evacuation/apprehension — Applies when a person, with intent to intimidate civilians, influence government conduct, compel emergency evacuation, or place a person in reasonable apprehension of bodily harm, uses, sells, gives, distributes, or manufactures a device or material appearing to be or contain a weapon of terrorism that is actually an imitation.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 2 years to 10 years (Manufacture or distribution of fentanyl-containing weapon of terrorism — Applies when a person knowingly and intentionally manufactures or distributes a weapon of terrorism knowing it is or contains a detectable amount of fentanyl or related substances listed in Schedule II of the Drug Control Act.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Manufacture or distribution of fentanyl-containing weapon of terrorism — Applies when a person knowingly and intentionally manufactures or distributes a weapon of terrorism knowing it is or contains a detectable amount of fentanyl or related substances listed in Schedule II of the Drug Control Act.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession/use/manufacture of actual weapon of terrorism, fire bomb, explosive material, or device with intent to commit act of terrorism | Class 2 Felony | Applies when a person, with intent to commit an act of terrorism, possesses, uses, sells, gives, distributes, or manufactures a weapon of terrorism or a fire bomb, explosive material, or device as defined in § 18.2-85. | Va. Code Ann. § 18.2-46.6A |
| Imitation weapon of terrorism with intent to commit act of terrorism | Class 3 Felony | Applies when a person, with intent to commit an act of terrorism, uses, sells, gives, distributes, or manufactures a device or material that appears to be or contain a weapon of terrorism, fire bomb, explosive material, or device but is actually an imitation. | Va. Code Ann. § 18.2-46.6B |
| Imitation weapon of terrorism with intent to intimidate or cause evacuation/apprehension | Class 6 Felony | Applies when a person, with intent to intimidate civilians, influence government conduct, compel emergency evacuation, or place a person in reasonable apprehension of bodily harm, uses, sells, gives, distributes, or manufactures a device or material appearing to be or contain a weapon of terrorism that is actually an imitation. | Va. Code Ann. § 18.2-46.6C |
| Manufacture or distribution of fentanyl-containing weapon of terrorism | Class 4 Felony | Applies when a person knowingly and intentionally manufactures or distributes a weapon of terrorism knowing it is or contains a detectable amount of fentanyl or related substances listed in Schedule II of the Drug Control Act. | Va. Code Ann. § 18.2-46.6D |
Common questions about possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited in Virginia
Is possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited a felony or a misdemeanor in Virginia?
It depends on the circumstances: possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited ranges from a class 6 felony to a class 2 felony in Virginia under Va. Code Ann. § 18.2-46.6.
Possession/use/manufacture of actual weapon of terrorism, fire bomb, explosive material, or device with intent to commit act of terrorism: class 2 felony (Va. Code Ann. § 18.2-46.6A) · Imitation weapon of terrorism with intent to commit act of terrorism: class 3 felony (Va. Code Ann. § 18.2-46.6B) · Imitation weapon of terrorism with intent to intimidate or cause evacuation/apprehension: class 6 felony (Va. Code Ann. § 18.2-46.6C) · Manufacture or distribution of fentanyl-containing weapon of terrorism: class 4 felony (Va. Code Ann. § 18.2-46.6D)
What are the penalties for possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited in Virginia?
Penalties for possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited in Virginia depend on how it is classified — from a class 6 felony up to a class 2 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 possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited?
Possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited is governed by Va. Code Ann. § 18.2-46.6 (Possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited; penalty).
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.