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Virginia statute

Va. Code Ann. § 18.2-60 — Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties

Current through 2026 Regular Session

Part of Article 6: Extortion and Other Threats, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-60

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. § 18.2-60Primary source, current through the 2026 Regular Session
A. 1. Any person who knowingly communicates, in a writing, including an electronically transmitted communication producing a visual or electronic message, including an email, a text message, or a message or post on any social media platform, a threat to kill or do bodily injury to a person, regardless of whether the person who is the object of the threat actually receives the threat, and the threat places such person who is the object of the threat, or any member of his family, in reasonable apprehension of death or bodily injury to himself or his family member is guilty of a Class 6 felony. However, any person who violates this subsection with the intent to commit an act of terrorism as defined in § 18.2-46.4 is guilty of a Class 5 felony. 2. Any person who communicates a threat orally or in a writing, including an electronically transmitted communication producing a visual or electronic message, including an email, a text message, or a message or post on any social media platform, to kill or discharge a firearm within or (i) on the grounds or premises of any elementary, middle, or secondary school property; (ii) at any elementary, middle, or secondary school-sponsored event; or (iii) on a school bus to any person or persons, regardless of whether the person who is the object of the threat actually receives the threat, and the threat would place the person who is the object of the threat, or is included in the threat, in reasonable apprehension of death or bodily harm is guilty of a Class 6 felony. 3. Any person 18 years of age or older who communicates a threat in writing, including an electronically transmitted communication producing a visual or electronic message such as an email, a text message, or a message or post on any social media platform, to another to kill or to do serious bodily injury to any other person and makes such threat with the intent to (i) intimidate a civilian population at large; (ii) influence the conduct or activities of a government, including the government of the United States, a state, or a locality, through intimidation; or (iii) compel the emergency evacuation, or avoidance, of any place of assembly, any building or other structure, or any means of mass transportation is guilty of a Class 5 felony. Any person younger than 18 years of age who commits such offense is guilty of a Class 1 misdemeanor. B. Any person who orally makes a threat to kill or to do bodily injury to (i) any employee of any elementary, middle, or secondary school, while on a school bus, on school property, or at a school-sponsored activity or (ii) any health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties while on the premises of any facility rendering health care as defined in § 8.01-581.1 , unless the health care provider is on the premises of any facility rendering health care as defined in § 8.1-581.1 or emergency medical care as a result of an emergency custody order pursuant to § 37.2-808 , involuntary temporary detention order pursuant to § 37.2-809 , involuntary hospitalization order pursuant to § 37.2-817 , or emergency custody order of a conditionally released acquittee pursuant to § 19.2-182.9 , is guilty of a Class 1 misdemeanor. C. A prosecution pursuant to this section may be in either the county, city, or town in which the communication was made or received.

Official sources

Legal terms used in this section

Questions this section answers

Is stalking a felony or a misdemeanor in Virginia?

It depends on the circumstances: stalking ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-60.3.

Stalking (first offense): class 1 misdemeanor (Va. Code Ann. § 18.2-60.3B) · Stalking (second offense within five years): class 6 felony (Va. Code Ann. § 18.2-60.3C)

Is threats of death or bodily injury to a person or member of his family a felony or a misdemeanor in Virginia?

Threats of death or bodily injury to a person or member of his family is a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-60.

Oral threat to kill or injure school employee or health care provider: class 1 misdemeanor (Va. Code Ann. § 18.2-60B)

Which Virginia statute covers threats of death or bodily injury to a person or member of his family?

Threats of death or bodily injury to a person or member of his family is governed by Va. Code Ann. § 18.2-60 (Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties).

Is violation of protective orders a felony or a misdemeanor in Virginia?

It depends on the circumstances: violation of protective orders ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-60.4.

First or second violation of protective order: class 1 misdemeanor (Va. Code Ann. § 18.2-60.4A) · Third or subsequent violation within 20 years involving violence: class 6 felony (Va. Code Ann. § 18.2-60.4A) · Violation while armed with a firearm or deadly weapon: class 6 felony (Va. Code Ann. § 18.2-60.4B) · Assault and battery or stalking in violation of protective order: class 6 felony (Va. Code Ann. § 18.2-60.4C) · Furtive entry or unlawful remaining in protected party's home: class 6 felony (Va. Code Ann. § 18.2-60.4C)

This reference is informational and is not legal advice.