                                 CODE OF VIRGINIA

ENHANCED PUNISHMENT FOR GANG ACTIVITY TAKING PLACE IN A GANG-FREE ZONE;
PENALTIES (§ 18.2-46.3:3)

Any person who violates § 18.2-46.2 (i) upon the property, including buildings
and grounds, of any public or private elementary, secondary, or postsecondary
school or institution of higher education; (ii) upon public property or any
property open to public use within 1,000 feet of such school property; (iii) on
any school bus as defined in § 46.2-100; or (iv) upon the property, including
buildings and grounds, of any publicly owned or operated community center or any
publicly owned or operated recreation center is guilty of a felony punishable as
specified in § 18.2-46.2, and shall be sentenced to a mandatory minimum term of
imprisonment of two years to be served consecutively with any other sentence. A
person who violates subsection A of § 18.2-46.3 upon any property listed in
this section is guilty of a Class 5 felony, except that any person 18 years of
age or older who violates subsection A of § 18.2-46.3 upon any property listed
in this section, when such offense is committed against a juvenile, is guilty of
a Class 4 felony. Any person who violates subsection B of § 18.2-46.3 upon any
property listed in this section is guilty of a Class 4 felony. It is a violation
of this section if the person violated § 18.2-46.2 or 18.2-46.3 on the property
described in clauses (i) through (iii) regardless of where the person intended
to commit such violation.

HISTORY: 2005, cc. 764, 813; 2010, c. 364; 2013, cc. 761, 774; 2023, cc. 396,
397.