Virginia criminal charge
Prohibited criminal street gang participation in Virginia
Prohibited criminal street gang participation is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-46.2. 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. § 18.2-46.2.
What is the penalty for prohibited criminal street gang participation in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 10 years (Base criminal street gang participation — A person actively participates in or is a member of a criminal street gang and knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with the gang.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Base criminal street gang participation — A person actively participates in or is a member of a criminal street gang and knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with the gang.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 5 years to 20 years (Gang participation involving juvenile member or act of violence — The participant/member is 18 or older and knows or has reason to know the gang includes a juvenile member or participant, or the predicate criminal act is an act of violence as defined in § 18.2-46.1.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Gang participation involving juvenile member or act of violence — The participant/member is 18 or older and knows or has reason to know the gang includes a juvenile member or participant, or the predicate criminal act is an act of violence as defined in § 18.2-46.1.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is prohibited criminal street gang participation classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base criminal street gang participation | class 4 felony | A person actively participates in or is a member of a criminal street gang and knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with the gang. | Va. Code Ann. § 18.2-46.2A |
| Gang participation involving juvenile member or act of violence | class 3 felony | The participant/member is 18 or older and knows or has reason to know the gang includes a juvenile member or participant, or the predicate criminal act is an act of violence as defined in § 18.2-46.1. | Va. Code Ann. § 18.2-46.2A |
Common questions about prohibited criminal street gang participation in Virginia
Is prohibited criminal street gang participation a felony or a misdemeanor in Virginia?
It depends on the circumstances: prohibited criminal street gang participation ranges from a class 4 felony to a class 3 felony in Virginia under Va. Code Ann. § 18.2-46.2.
Base criminal street gang participation: class 4 felony (Va. Code Ann. § 18.2-46.2A) · Gang participation involving juvenile member or act of violence: class 3 felony (Va. Code Ann. § 18.2-46.2A)
What are the penalties for prohibited criminal street gang participation in Virginia?
Penalties for prohibited criminal street gang participation in Virginia depend on how it is classified — from a class 4 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 prohibited criminal street gang participation?
Prohibited criminal street gang participation is governed by Va. Code Ann. § 18.2-46.2 (Prohibited criminal street gang participation; 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.