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Virginia statute

Va. Code Ann. § 18.2-46.3 — Recruitment of persons for criminal street gang; 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. § 18.2-46.3

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. § 18.2-46.3Primary source, current through the 2026 Regular Session
A. Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause another to actively participate in or become a member of what he knows to be a criminal street gang is guilty of a Class 1 misdemeanor. Any person age 18 years or older who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile to actively participate in or become a member of what he knows to be a criminal street gang is guilty of a Class 6 felony. B. Any person who, in order to encourage an individual (a) to join a criminal street gang, (b) to remain as a participant in or a member of a criminal street gang, or (c) to submit to a demand made by a criminal street gang to commit a felony violation of this title, (i) uses force against the individual or a member of his family or household or (ii) threatens force against the individual or a member of his family or household, which threat would place any person in reasonable apprehension of death or bodily injury, is guilty of a Class 6 felony. The definition of "family or household member" set forth in § 16.1-228 applies to this section.

Official sources

Legal terms used in this section

Questions this section answers

Is recruitment of persons for criminal street gang a felony or a misdemeanor in Virginia?

It depends on the circumstances: recruitment of persons for criminal street gang ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-46.3.

Recruitment of an adult into a criminal street gang: class 1 misdemeanor (Va. Code Ann. § 18.2-46.3A) · Recruitment of a juvenile into a criminal street gang: class 6 felony (Va. Code Ann. § 18.2-46.3A) · Use or threat of force to compel gang involvement or criminal act: class 6 felony (Va. Code Ann. § 18.2-46.3B)

Which Virginia statute covers recruitment of persons for criminal street gang?

Recruitment of persons for criminal street gang is governed by Va. Code Ann. § 18.2-46.3 (Recruitment of persons for criminal street gang; penalty).

This reference is informational and is not legal advice.