{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-46.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-46.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-46.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-46.1.html"}],"law_id":86583,"edition_id":1,"section_id":86583,"structure_id":15685,"section_number":"18.2-46.1","catch_line":"Definitions","history":"2000, c. 332; 2004, cc. 396, 435, 462, 867; 2005, cc. 764, 813; 2006, cc. 262, 319, 844, 895; 2007, c. 499; 2012, c. 364; 2013, cc. 573, 645; 2014, cc. 674, 719; 2015, cc. 690, 691; 2019, c. 617; 2021, Sp. Sess. I, cc. 188, 550, 551; 2023, cc. 357, 358, 396, 397.","full_text":"As used in this article, unless the context requires a different meaning:\n\t\t“Act of violence” means those felony offenses described in subsection C of \u00a7 17.1-805 or subsection A of \u00a7 19.2-297.1.\n\t\t“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.\n\t\t“Predicate criminal act” means (i) an act of violence; (ii) any violation of \u00a7 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 \u00a7 18.2-60.3, 18.2-346.01, 18.2-348, or 18.2-349; (iv) a felony violation of \u00a7 4.1-1101, 18.2-248, or 18.2-248.1 or a conspiracy to commit a felony violation of \u00a7 4.1-1101, 18.2-248, or 18.2-248.1; (v) any violation of a local ordinance adopted pursuant to \u00a7 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.","order_by":null,"text":{"0":{"id":310113,"text":"As used in this article, unless the context requires a different meaning:\n\t\t“Act of violence” means those felony offenses described in subsection C of \u00a7 17.1-805 or subsection A of \u00a7 19.2-297.1.\n\t\t“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.\n\t\t“Predicate criminal act” means (i) an act of violence; (ii) any violation of \u00a7 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 \u00a7 18.2-60.3, 18.2-346.01, 18.2-348, or 18.2-349; (iv) a felony violation of \u00a7 4.1-1101, 18.2-248, or 18.2-248.1 or a conspiracy to commit a felony violation of \u00a7 4.1-1101, 18.2-248, or 18.2-248.1; (v) any violation of a local ordinance adopted pursuant to \u00a7 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15685,"edition_id":1,"name":"Crimes by Gangs","identifier":"2.1","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:57:54","date_modified":"2026-06-26 03:57:54","permalink":{"id":164869,"object_type":"structure","relational_id":15685,"identifier":"2.1","token":"18.2\/4\/2.1","url":"\/18.2\/4\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86583,"structure_id":15685,"section_number":"18.2-46.1","catch_line":"Definitions","url":"\/18.2-46.1\/","token":"18.2\/4\/2.1\/18.2-46.1","metadata":false},{"id":60069,"structure_id":15685,"section_number":"18.2-46.2","catch_line":"Prohibited criminal street gang participation; penalty","url":"\/18.2-46.2\/","token":"18.2\/4\/2.1\/18.2-46.2","metadata":false},{"id":70242,"structure_id":15685,"section_number":"18.2-46.3","catch_line":"Recruitment of persons for criminal street gang; penalty","url":"\/18.2-46.3\/","token":"18.2\/4\/2.1\/18.2-46.3","metadata":false},{"id":64920,"structure_id":15685,"section_number":"18.2-46.3:1","catch_line":"Third or subsequent conviction of criminal street gang crimes","url":"\/18.2-46.3_1\/","token":"18.2\/4\/2.1\/18.2-46.3_1","metadata":false},{"id":78328,"structure_id":15685,"section_number":"18.2-46.3:2","catch_line":"Forfeiture","url":"\/18.2-46.3_2\/","token":"18.2\/4\/2.1\/18.2-46.3_2","metadata":false},{"id":69277,"structure_id":15685,"section_number":"18.2-46.3:3","catch_line":"Enhanced punishment for gang activity taking place in a gang-free zone; penalties","url":"\/18.2-46.3_3\/","token":"18.2\/4\/2.1\/18.2-46.3_3","metadata":false}],"next_section":{"id":60069,"structure_id":15685,"section_number":"18.2-46.2","catch_line":"Prohibited criminal street gang participation; penalty","url":"\/18.2-46.2\/","token":"18.2\/4\/2.1\/18.2-46.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-46.1\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 332<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2004, chapters 396<\/a>, 435<\/a>, 462<\/a>, and 867<\/a>; in 2005, chapters 764<\/a> and 813<\/a>; in 2006, chapters 262<\/a>, 319<\/a>, 844<\/a>, and 895<\/a>; in 2007, chapter 499<\/a>; in 2012, chapter 364<\/a>; in 2013, chapters 573<\/a> and 645<\/a>; in 2014, chapters 674<\/a> and 719<\/a>; in 2015, chapters 690<\/a> and 691<\/a>; in 2019, chapter 617<\/a>; in 2023, chapters 357<\/a>, 358<\/a>, 396<\/a>, and 397<\/a>.<\/p>","references":[{"id":79991,"section_number":"15.2-1812.2","catch_line":"Willful and malicious damage to or defacement of public or private facilities; penalty","order_by":null,"url":"\/15.2-1812.2\/"},{"id":55813,"section_number":"16.1-269.2","catch_line":"Admissibility of statement; investigation and report; bail","order_by":null,"url":"\/16.1-269.2\/"},{"id":84576,"section_number":"16.1-273","catch_line":"Court may require investigation of social history and preparation of victim impact statement","order_by":null,"url":"\/16.1-273\/"},{"id":86382,"section_number":"16.1-300","catch_line":"Confidentiality of Department records","order_by":null,"url":"\/16.1-300\/"},{"id":63770,"section_number":"16.1-309.1","catch_line":"Exception as to confidentiality","order_by":null,"url":"\/16.1-309.1\/"},{"id":80744,"section_number":"16.1-330.1","catch_line":"Serious or Habitual Offender Comprehensive Action Program; definition; disclosure of information; penalty","order_by":null,"url":"\/16.1-330.1\/"},{"id":60069,"section_number":"18.2-46.2","catch_line":"Prohibited criminal street gang participation; penalty","order_by":null,"url":"\/18.2-46.2\/"},{"id":68291,"section_number":"18.2-513","catch_line":"Definitions","order_by":null,"url":"\/18.2-513\/"},{"id":69835,"section_number":"18.2-55.1","catch_line":"Hazing of youth gang members unlawful; criminal liability","order_by":null,"url":"\/18.2-55.1\/"},{"id":77143,"section_number":"19.2-215.1","catch_line":"Functions of a multi-jurisdiction grand jury","order_by":null,"url":"\/19.2-215.1\/"},{"id":75041,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","order_by":null,"url":"\/19.2-299\/"},{"id":70476,"section_number":"19.2-66","catch_line":"When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications","order_by":null,"url":"\/19.2-66\/"},{"id":56780,"section_number":"4.1-225","catch_line":"Grounds for which Board may suspend or revoke licenses; exception","order_by":null,"url":"\/4.1-225\/"},{"id":66210,"section_number":"48-7","catch_line":"Houses and contents are nuisances subject to abatement","order_by":null,"url":"\/48-7\/"},{"id":79030,"section_number":"48-8","catch_line":"How nuisance enjoined","order_by":null,"url":"\/48-8\/"},{"id":65523,"section_number":"48-9","catch_line":"When case to be tried; dismissal; substitution of complainant; costs","order_by":null,"url":"\/48-9\/"},{"id":63033,"section_number":"52-8.6","catch_line":"Criminal street gang reporting","order_by":null,"url":"\/52-8.6\/"},{"id":61061,"section_number":"66-3.2","catch_line":"Additional duties of the Director","order_by":null,"url":"\/66-3.2\/"}],"refers_to":[{"id":79991,"section_number":"15.2-1812.2","catch_line":"Willful and malicious damage to or defacement of public or private facilities; penalty","order_by":null,"url":"\/15.2-1812.2\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":74816,"section_number":"18.2-103.1","catch_line":"Organized retail theft; penalty","order_by":null,"url":"\/18.2-103.1\/"},{"id":57561,"section_number":"18.2-108.1","catch_line":"Receipt of stolen firearm","order_by":null,"url":"\/18.2-108.1\/"},{"id":68767,"section_number":"18.2-121","catch_line":"Entering property of another for purpose of damaging it, etc.; penalties","order_by":null,"url":"\/18.2-121\/"},{"id":78721,"section_number":"18.2-127","catch_line":"Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty","order_by":null,"url":"\/18.2-127\/"},{"id":85982,"section_number":"18.2-128","catch_line":"Trespass upon church or school property","order_by":null,"url":"\/18.2-128\/"},{"id":83724,"section_number":"18.2-137","catch_line":"Injuring, etc., any property, monument, etc","order_by":null,"url":"\/18.2-137\/"},{"id":71615,"section_number":"18.2-138","catch_line":"Damaging public buildings, etc.; penalty","order_by":null,"url":"\/18.2-138\/"},{"id":86932,"section_number":"18.2-146","catch_line":"Breaking, injuring, defacing, destroying, or preventing the operation of vehicle, aircraft, boat, or vessel; penalties","order_by":null,"url":"\/18.2-146\/"},{"id":85279,"section_number":"18.2-147","catch_line":"Entering or setting in motion, vehicle, aircraft, boat, locomotive or rolling stock of railroad; exceptions","order_by":null,"url":"\/18.2-147\/"},{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":76843,"section_number":"18.2-248.01","catch_line":"Transporting controlled substances into the Commonwealth; penalty","order_by":null,"url":"\/18.2-248.01\/"},{"id":71689,"section_number":"18.2-248.03","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine; penalty","order_by":null,"url":"\/18.2-248.03\/"},{"id":60632,"section_number":"18.2-248.1","catch_line":"Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana","order_by":null,"url":"\/18.2-248.1\/"},{"id":55615,"section_number":"18.2-255","catch_line":"Distribution of certain drugs to persons under 18 prohibited; penalty","order_by":null,"url":"\/18.2-255\/"},{"id":79362,"section_number":"18.2-255.2","catch_line":"Prohibiting the sale or manufacture of drugs on or near certain properties; penalty","order_by":null,"url":"\/18.2-255.2\/"},{"id":74480,"section_number":"18.2-287.4","catch_line":"Carrying loaded firearms in public areas prohibited; penalty","order_by":null,"url":"\/18.2-287.4\/"},{"id":62541,"section_number":"18.2-300","catch_line":"Possession or use of \"sawed-off\" shotgun or rifle","order_by":null,"url":"\/18.2-300\/"},{"id":58832,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","order_by":null,"url":"\/18.2-308.1\/"},{"id":56786,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","order_by":null,"url":"\/18.2-308.2\/"},{"id":54959,"section_number":"18.2-308.2:01","catch_line":"Possession or transportation of certain firearms by certain persons","order_by":null,"url":"\/18.2-308.2_01\/"},{"id":80658,"section_number":"18.2-308.4","catch_line":"Possession of firearms while in possession of certain substances","order_by":null,"url":"\/18.2-308.4\/"},{"id":57611,"section_number":"18.2-346.01","catch_line":"Prostitution; solicitation; commercial exploitation of a minor; penalties","order_by":null,"url":"\/18.2-346.01\/"},{"id":83161,"section_number":"18.2-348","catch_line":"Aiding prostitution or illicit sexual intercourse, etc.; penalty","order_by":null,"url":"\/18.2-348\/"},{"id":85342,"section_number":"18.2-349","catch_line":"Using vehicles to promote prostitution or unlawful sexual intercourse; penalty","order_by":null,"url":"\/18.2-349\/"},{"id":76497,"section_number":"18.2-357.1","catch_line":"Commercial sex trafficking; penalties","order_by":null,"url":"\/18.2-357.1\/"},{"id":58166,"section_number":"18.2-42","catch_line":"Assault or battery by mob","order_by":null,"url":"\/18.2-42\/"},{"id":70242,"section_number":"18.2-46.3","catch_line":"Recruitment of persons for criminal street gang; penalty","order_by":null,"url":"\/18.2-46.3\/"},{"id":75271,"section_number":"18.2-56.1","catch_line":"Reckless handling of firearms; reckless handling while hunting","order_by":null,"url":"\/18.2-56.1\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":72142,"section_number":"18.2-59","catch_line":"Extortion of money, property or pecuniary benefit","order_by":null,"url":"\/18.2-59\/"},{"id":54485,"section_number":"18.2-60.3","catch_line":"Stalking; penalty","order_by":null,"url":"\/18.2-60.3\/"},{"id":65236,"section_number":"18.2-83","catch_line":"Threats to bomb, damage, or discharge a firearm within or at buildings or means of transportation; false information as to danger to such buildings, etc.; punishment; venue","order_by":null,"url":"\/18.2-83\/"},{"id":78364,"section_number":"18.2-95","catch_line":"Grand larceny defined; how punished","order_by":null,"url":"\/18.2-95\/"},{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"},{"id":83418,"section_number":"4.1-1101","catch_line":"Home cultivation of marijuana for personal use; 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As used in this article, unless the context requires a different meaning:\n\t\t“Act of violence<\/span>” means those felony<\/span> offenses<\/span> described in subsection C of \u00a7 17.1-805<\/a> or subsection A of \u00a7 19.2-297.1<\/a>.\n\t\t“Criminal street gang<\/span>” 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<\/span>, at least one of which is an act of violence<\/span>, provided such acts were not part of a common act or transaction.\n\t\t“Predicate criminal act<\/span>” means (i) an act of violence<\/span>; (ii) any violation of \u00a7 18.2-42<\/a>, 18.2-46.3<\/a>, 18.2-56.1<\/a>, 18.2-57<\/a>, 18.2-57.2<\/a>, 18.2-59<\/a>, 18.2-83<\/a>, 18.2-95<\/a>, 18.2-103.1<\/a>, 18.2-108.1<\/a>, 18.2-121<\/a>, 18.2-127<\/a>, 18.2-128<\/a>, 18.2-137<\/a>, 18.2-138<\/a>, 18.2-146<\/a>, 18.2-147<\/a>, 18.2-248.01<\/a>, 18.2-248.03<\/a>, 18.2-255<\/a>, 18.2-255.2<\/a>, 18.2-287.4<\/a>, 18.2-300<\/a>, 18.2-308.1<\/a>, 18.2-308.2<\/a>, 18.2-308.2:01<\/a>, 18.2-308.4<\/a>, or 18.2-357.1<\/a>; (iii) a felony<\/span> violation of \u00a7 18.2-60.3<\/a>, 18.2-346.01<\/a>, 18.2-348<\/a>, or 18.2-349<\/a>; (iv) a felony<\/span> violation of \u00a7 4.1-1101<\/a>, 18.2-248<\/a>, or 18.2-248.1<\/a> or a conspiracy to commit a felony<\/span> violation of \u00a7 4.1-1101<\/a>, 18.2-248<\/a>, or 18.2-248.1<\/a>; (v) any violation of a local ordinance<\/span> adopted pursuant to \u00a7 15.2-1812.2<\/a>; or (vi) any substantially similar offense<\/span> under the laws<\/span> of another state or territory of the United States, the District of Columbia, or the United States.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 18.2-46.1)\n\nAs used in this article, unless the context requires a different meaning:\n\t\t“Act of violence” means those felony offenses described in\nsubsection C of \u00a7 17.1-805 or subsection A of \u00a7 19.2-297.1.\n\t\t“Criminal street gang” means any ongoing organization,\nassociation, or group of three or more persons, whether formal or informal, (i)\nwhich has as one of its primary objectives or activities the commission of one\nor more criminal activities; (ii) which has an identifiable name or identifying\nsign or symbol; and (iii) whose members individually or collectively have\nengaged in the commission of, attempt to commit, conspiracy to commit, or\nsolicitation of two or more predicate criminal acts, at least one of which is an\nact of violence, provided such acts were not part of a common act or\ntransaction.\n\t\t“Predicate criminal act” means (i) an act of violence; (ii) any\nviolation of \u00a7 18.2-42, 18.2-46.3, 18.2-56.1, 18.2-57, 18.2-57.2, 18.2-59,\n18.2-83, 18.2-95, 18.2-103.1, 18.2-108.1, 18.2-121, 18.2-127, 18.2-128,\n18.2-137, 18.2-138, 18.2-146, 18.2-147, 18.2-248.01, 18.2-248.03, 18.2-255,\n18.2-255.2, 18.2-287.4, 18.2-300, 18.2-308.1, 18.2-308.2, 18.2-308.2:01,\n18.2-308.4, or 18.2-357.1; (iii) a felony violation of \u00a7 18.2-60.3,\n18.2-346.01, 18.2-348, or 18.2-349; (iv) a felony violation of \u00a7 4.1-1101,\n18.2-248, or 18.2-248.1 or a conspiracy to commit a felony violation of \u00a7\n4.1-1101, 18.2-248, or 18.2-248.1; (v) any violation of a local ordinance\nadopted pursuant to \u00a7 15.2-1812.2; or (vi) any substantially similar offense\nunder the laws of another state or territory of the United States, the District\nof Columbia, or the United States.\n\nHISTORY: 2000, c. 332; 2004, cc. 396, 435, 462, 867; 2005, cc. 764, 813; 2006,\ncc. 262, 319, 844, 895; 2007, c. 499; 2012, c. 364; 2013, cc. 573, 645; 2014,\ncc. 674, 719; 2015, cc. 690, 691; 2019, c. 617; 2021, Sp. Sess. I, cc. 188, 550,\n551; 2023, cc. 357, 358, 396, 397.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}