Virginia statute

Va. Code Ann. § 18.2-46.1 — Definitions

Current through 2026 Regular Session

Part of Article 2.1: Crimes by Gangs, Code of Virginia.

Amendment pending: a new version of this section takes effect Thu Jul 01 2027 00:00:00 GMT+0000 (Coordinated Universal Time).

Full text of Va. Code Ann. § 18.2-46.1

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. § 18.2-46.1Primary source, current through the 2026 Regular Session

As used in this article, unless the context requires a different meaning: "Act of violence" means those felony offenses described in subsection C of § 17.1-805 or subsection A of § 19.2-297.1 . "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction. "Predicate criminal act" means (i) an act of violence; (ii) any violation of § 18.2-42 , 18.2-46.3 , 18.2-56.1 , 18.2-57 , 18.2-57.2 , 18.2-59 , 18.2-83 , 18.2-95 , 18.2-103.1 , 18.2-108.1 , 18.2-121 , 18.2-127 , 18.2-128 , 18.2-137 , 18.2-138 , 18.2-146 , 18.2-147 , 18.2-248.01 , 18.2-248.03 , 18.2-255 , 18.2-255.2 , 18.2-287.4 , 18.2-300 , 18.2-308.1 , 18.2-308.2 , 18.2-308.2:01 , 18.2-308.4 , or 18.2-357.1 ; (iii) a felony violation of § 18.2-60.3 , 18.2-346.01 , 18.2-348 , or 18.2-349 ; (iv) a felony violation of § 4.1-1101 , 18.2-248 , or 18.2-248.1 or a conspiracy to commit a felony violation of § 4.1-1101 , 18.2-248 , or 18.2-248.1 ; (v) any violation of a local ordinance adopted pursuant to § 15.2-1812.2 ; or (vi) any substantially similar offense under the laws of another state or territory of the United States, the District of Columbia, or the United States.

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