Virginia criminal charge
Possession of infectious biological substances or radiological agents in Virginia
Possession of infectious biological substances or radiological agents is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-52.1. 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. § 18.2-52.1.
What is the penalty for possession of infectious biological substances or radiological agents in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 10 years (Possession with intent to injure — Possessing an infectious biological substance or radiological agent with intent to injure another.; 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(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Possession with intent to injure — Possessing an infectious biological substance or radiological agent with intent to injure another.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 2 years to 10 years (Destruction/damage or manufacture/distribution with intent to injure — Destroying or damaging facilities/equipment/material involved with such substances with intent to release and injure, or manufacturing, selling, giving, distributing, or using such substance with intent to injure another.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Destruction/damage or manufacture/distribution with intent to injure — Destroying or damaging facilities/equipment/material involved with such substances with intent to release and injure, or manufacturing, selling, giving, distributing, or using such substance with intent to injure another.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is possession of infectious biological substances or radiological agents classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession with intent to injure | class 5 felony | Possessing an infectious biological substance or radiological agent with intent to injure another. | Va. Code Ann. § 18.2-52.1A |
| Destruction/damage or manufacture/distribution with intent to injure | class 4 felony | Destroying or damaging facilities/equipment/material involved with such substances with intent to release and injure, or manufacturing, selling, giving, distributing, or using such substance with intent to injure another. | Va. Code Ann. § 18.2-52.1B |
Common questions about possession of infectious biological substances or radiological agents in Virginia
Is possession of infectious biological substances or radiological agents a felony or a misdemeanor in Virginia?
It depends on the circumstances: possession of infectious biological substances or radiological agents ranges from a class 5 felony to a class 4 felony in Virginia under Va. Code Ann. § 18.2-52.1.
Possession with intent to injure: class 5 felony (Va. Code Ann. § 18.2-52.1A) · Destruction/damage or manufacture/distribution with intent to injure: class 4 felony (Va. Code Ann. § 18.2-52.1B)
What are the penalties for possession of infectious biological substances or radiological agents in Virginia?
Penalties for possession of infectious biological substances or radiological agents in Virginia depend on how it is classified — from a class 5 felony up to a class 4 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 of infectious biological substances or radiological agents?
Possession of infectious biological substances or radiological agents is governed by Va. Code Ann. § 18.2-52.1 (Possession of infectious biological substances or radiological agents; penalties).
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.