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Virginia statute

Va. Code Ann. § 18.2-312 — Illegal use of tear gas, phosgene and other gases

Current through 2026 Regular Session

Part of Article 8: Miscellaneous Dangerous Conduct, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-312

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. § 18.2-312Primary source, current through the 2026 Regular Session
If any person maliciously release or cause or procure to be released in any private home, place of business or place of public gathering any tear gas, mustard gas, phosgene gas or other noxious or nauseating gases or mixtures of chemicals designed to, and capable of, producing vile or injurious or nauseating odors or gases, and bodily injury results to any person from such gas or odor, the offending person shall be guilty of a Class 3 felony. If such act be done unlawfully, but not maliciously, the offending person shall be guilty of a Class 6 felony. Nothing herein contained shall prevent the use of tear gas or other gases by police officers or other peace officers in the proper performance of their duties, or by any person or persons in the protection of person, life or property.

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Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.