Code of Virginia § 18.2-46.3:3. Enhanced punishment for gang activity taking place in a gang-free zone; penalties.
258 words·~1 min read·
/va/title-18-2/chapter-4/18-2-46-3-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
2005, cc. 764 , 813 ; 2010, c. 364 ; 2013, cc. 761 , 774 ; 2023, cc. 396 , 397 .