                                 CODE OF VIRGINIA

PROHIBITED CRIMINAL STREET GANG PARTICIPATION; PENALTY (§ 18.2-46.2)

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 &#xA7; 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.

HISTORY: 2000, c. 332; 2023, cc. 396, 397.