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Virginia statute

Va. Code Ann. § 18.2-406 — What constitutes an unlawful assembly; punishment

Current through 2026 Regular Session

Part of Article 1: Riot and Unlawful Assembly, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-406

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. § 18.2-406Primary source, current through the 2026 Regular Session
Whenever three or more persons assembled share the common intent to advance some lawful or unlawful purpose by the commission of an act or acts of unlawful force or violence likely to jeopardize seriously public safety, peace or order, and the assembly actually tends to inspire persons of ordinary courage with well-grounded fear of serious and immediate breaches of public safety, peace or order, then such assembly is an unlawful assembly. Every person who participates in any unlawful assembly shall be guilty of a Class 1 misdemeanor. If any such person carried, at the time of his participation in an unlawful assembly, any firearm or other deadly or dangerous weapon, he shall be guilty of a Class 5 felony.

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Questions this section answers

Is what constitutes an unlawful assembly a felony or a misdemeanor in Virginia?

It depends on the circumstances: what constitutes an unlawful assembly ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-406.

Participation in unlawful assembly: class 1 misdemeanor (Va. Code Ann. § 18.2-406) · Participation in unlawful assembly while armed: class 5 felony (Va. Code Ann. § 18.2-406)

Which Virginia statute covers what constitutes an unlawful assembly?

What constitutes an unlawful assembly is governed by Va. Code Ann. § 18.2-406 (What constitutes an unlawful assembly; punishment).

This reference is informational and is not legal advice.