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Virginia statute

Va. Code Ann. § 18.2-46.2 — Prohibited criminal street gang participation; penalty

Current through 2026 Regular Session

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

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-46.2

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. § 18.2-46.2Primary source, current through the 2026 Regular Session
A. Any person who actively participates in or is a member of a criminal street gang and who knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang is guilty of a Class 4 felony. However, (i) if such participant in or member of a criminal street gang is 18 years of age or older and knows or has reason to know that such criminal street gang also includes a juvenile member or participant or (ii) if such predicate criminal act is an act of violence as defined in § 18.2-46.1 , he is guilty of a Class 3 felony. B. Violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.