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Virginia statute

Va. Code Ann. § 18.2-22 — Conspiracy to commit felony

Current through 2026 Regular Session

Part of Article 1: Conspiracies, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-22

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-22Primary source, current through the 2026 Regular Session
(a) If any person shall conspire, confederate or combine with another, either within or outside the Commonwealth, to commit a felony within the Commonwealth, or if he shall so conspire, confederate or combine with another within the Commonwealth to commit a felony either within or outside the Commonwealth, he shall be guilty of a felony that shall be punishable as follows: (1) Every person who so conspires to commit an offense that is punishable as a Class 1 felony is guilty of a Class 3 felony; (2) Every person who so conspires to commit an offense that is any other felony is guilty of a Class 5 felony; and (3) Every person who so conspires to commit an offense the maximum punishment for which is confinement in a state correctional facility for a period of less than five years shall be confined in a state correctional facility for a period of one year, or, in the discretion of the jury or the court trying the case without a jury, may be confined in jail not exceeding 12 months and fined not exceeding $500, either or both. (b) However, in no event shall the punishment for a conspiracy to commit an offense exceed the maximum punishment for the commission of the offense itself. (c) Jurisdiction for the trial of any person accused of a conspiracy under this section shall be in the county or city wherein any part of such conspiracy is planned or in the county or city wherein any act is done toward the consummation of such plan or conspiracy. (d) The penalty provisions of this section shall not apply to any person who conspires to commit any offense defined in the Drug Control Act (§ 54.1-3400 et seq.) or of Article 1 (§ 18.2-247 et seq.) of Chapter 7. The penalty for any such violation shall be as provided in § 18.2-256 .

Official sources

Legal terms used in this section

Questions this section answers

Is conspiracy to commit felony a felony or a misdemeanor in Virginia?

It depends on the circumstances: conspiracy to commit felony ranges from a class 5 felony to a class 3 felony in Virginia under Va. Code Ann. § 18.2-22.

Conspiracy to commit Class 1 felony: class 3 felony (Va. Code Ann. § 18.2-221) · Conspiracy to commit other felony: class 5 felony (Va. Code Ann. § 18.2-222)

Which Virginia statute covers conspiracy to commit felony?

Conspiracy to commit felony is governed by Va. Code Ann. § 18.2-22 (Conspiracy to commit felony).

This reference is informational and is not legal advice.