VA Code Ann. T. 18.2, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 1. Transition Provisions
All acts and parts of acts, all sections of this Code, and all provisions of municipal charters, inconsistent with the provisions of this title, are, except as herein otherwise provided, repealed to the extent of such inconsistency.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 1. Transition Provisions
§ 18.2-2. Effect of repeal of Title 18.1 and enactment of this title
The repeal of Title 18.1, effective as of October 1, 1975, shall not affect any act or offense done or committed, or any penalty or forfeiture incurred, or any right established, accrued or accruing on or before such date, or any prosecution, suit or action pending on that day. Except as herein otherwise provided, neither the repeal of Title 18.1 nor the enactment of this title shall apply to offenses committed prior to October 1, 1975, and prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose. For the purposes of this section, an offense was committed prior to October 1, 1975, if any of the essential elements of the offense occurred prior thereto.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-3
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 1. Transition Provisions
§ 18.2-3. Certain notices, recognizances and processes validated
Any notice given, recognizance taken, or process or writ issued before October 1, 1975, shall be valid although given, taken or to be returned to a day after such date, in like manner as if this title had been effective before the same was given, taken or issued.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-4
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 1. Transition Provisions
§ 18.2-4. References to former sections, articles and chapters of Title 18.1 and others
Whenever in this title any of the conditions, requirements, provisions or contents of any section, article or chapter of Title 18.1 or any other title of this Code as such titles existed prior to October 1, 1975, are transferred in the same or in modified form to a new section, article or chapter of this title or any other title of this Code and whenever any such former section, article or chapter is given a new number in this or any other title, all references to any such former section, article or chapter of Title 18.1 or such other title appearing elsewhere in this Code than in this title shall be construed to apply to the new or renumbered section, article or chapter containing such conditions, requirements, provisions or contents or portions thereof.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 1, Art. 2, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 1. In General
Article 2. Construction and Definitions
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-5
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 2. Construction and Definitions (Refs & Annos)
§ 18.2-5. Repealed by Acts 2005, c. 839, cl. 10, eff. Oct. 1, 2005
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-6
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 2. Construction and Definitions (Refs & Annos)
§ 18.2-6. Meaning of certain terms
As used in this title:
The word “court,” unless otherwise clearly indicated by the context in which it appears, shall mean and include any court vested with appropriate jurisdiction under the Constitution and laws of this Commonwealth.
The word “judge,” unless otherwise clearly indicated by the context in which it appears, shall mean and include any judge, associate judge or substitute judge, or police justice, of any court.
The words “motor vehicle,” “semitrailer,” “trailer” and “vehicle” shall have the respective meanings assigned to them by § 46.2-100.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-7
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 2. Construction and Definitions (Refs & Annos)
§ 18.2-7. Criminal act not to merge civil remedy
The commission of a crime shall not stay or merge any civil remedy.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 1, Art. 3, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 1. In General
Article 3. Classification of Criminal Offenses and Punishment Therefor
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-8
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 3. Classification of Criminal Offenses and Punishment Therefor (Refs & Annos)
§ 18.2-8. Felonies, misdemeanors and traffic infractions defined
Offenses are either felonies or misdemeanors. Such offenses as are punishable with death or confinement in a state correctional facility are felonies; all other offenses are misdemeanors. Traffic infractions are violations of public order as defined in § 46.2-100 and not deemed to be criminal in nature.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1977, c. 585.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-9
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 3. Classification of Criminal Offenses and Punishment Therefor (Refs & Annos)
§ 18.2-9. Classification of criminal offenses
(1) Felonies are classified, for the purposes of punishment and sentencing, into six classes:
(a) Class 1 felony
(b) Class 2 felony
(c) Class 3 felony
(d) Class 4 felony
(e) Class 5 felony
(f) Class 6 felony.
(2) Misdemeanors are classified, for the purposes of punishment and sentencing, into four classes:
(a) Class 1 misdemeanor
(b) Class 2 misdemeanor
(c) Class 3 misdemeanor
(d) Class 4 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-10
Effective: July 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 3. Classification of Criminal Offenses and Punishment Therefor (Refs & Annos)
§ 18.2-10. Punishment for conviction of felony; penalty
The authorized punishments for conviction of a felony are:
(a) For Class 1 felonies, death, if the person so convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded pursuant to § 19.2-264.3:1.1, or imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded pursuant to § 19.2-264.3:1.1, the punishment shall be imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000.
(b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
(c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
(d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
(g) Except as specifically authorized in subdivision (e) or (f), or in Class 1 felonies for which a sentence of death is imposed, the court shall impose either a sentence of imprisonment together with a fine, or imprisonment only. However, if the defendant is not a natural person, the court shall impose only a fine.
For any felony offense committed (i) on or after January 1, 1995, the court may, and (ii) on or after July 1, 2000, shall, except in cases in which the court orders a suspended term of confinement of at least six months, impose an additional term of not less than six months nor more than three years, which shall be suspended conditioned upon successful completion of a period of post-release supervision pursuant to § 19.2-295.2 and compliance with such other terms as the sentencing court may require. However, such additional term may only be imposed when the sentence includes an active term of incarceration in a correctional facility.
For a felony offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in that section in addition to any other penalty provided by law.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1977, c. 492; Acts 1990, c. 788; Acts 1991, c. 7; Acts 1994, Sp. S. II, c. 1, eff. Oct. 13, 1994; Acts 1994, Sp. S. II, c. 2, eff. Oct. 13, 1994; Acts 1995, c. 427; Acts 2000, c. 361; Acts 2000, c. 767; Acts 2000, c. 770; Acts 2003, c. 1031, eff. April 29, 2003; Acts 2003, c. 1040, eff. May 1, 2003; Acts 2006, c. 36; Acts 2006, c. 733; Acts 2008, c. 579.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-11
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 3. Classification of Criminal Offenses and Punishment Therefor (Refs & Annos)
§ 18.2-11. Punishment for conviction of misdemeanor
The authorized punishments for conviction of a misdemeanor are:
(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
(b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
(c) For Class 3 misdemeanors, a fine of not more than $500.
(d) For Class 4 misdemeanors, a fine of not more than $250.
For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1990, c. 788; Acts 2000, c. 770.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-12
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 3. Classification of Criminal Offenses and Punishment Therefor (Refs & Annos)
§ 18.2-12. Same; where no punishment or maximum punishment prescribed
A misdemeanor for which no punishment or no maximum punishment is prescribed by statute shall be punishable as a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-12.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 3. Classification of Criminal Offenses and Punishment Therefor (Refs & Annos)
§ 18.2-12.1. Mandatory minimum punishment; definition
“Mandatory minimum” wherever it appears in this Code means, for purposes of imposing punishment upon a person convicted of a crime, that the court shall impose the entire term of confinement, the full amount of the fine and the complete requirement of community service prescribed by law. The court shall not suspend in full or in part any punishment described as mandatory minimum punishment.
CREDIT(S)
Acts 2004, c. 461.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-13
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 3. Classification of Criminal Offenses and Punishment Therefor (Refs & Annos)
§ 18.2-13. Same; by reference
Where a statute in this Code prescribes punishment by stating that the offense is a misdemeanor, or that it is punishable as provided for in § 18.2-12, the offense shall be deemed to be a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-14
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 3. Classification of Criminal Offenses and Punishment Therefor (Refs & Annos)
§ 18.2-14. How unclassified offenses punished
Offenses defined in Title 18.2 and in other titles in the Code, for which punishment is prescribed without specification as to the class of the offense, shall be punished according to the punishment prescribed in the section or sections thus defining the offense.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-15
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 3. Classification of Criminal Offenses and Punishment Therefor (Refs & Annos)
§ 18.2-15. Place of punishment
Imprisonment for conviction of a felony shall be by confinement in a state correctional facility, unless in Class 5 and Class 6 felonies the jury or court trying the case without a jury fixes the punishment at confinement in jail. Imprisonment for conviction of a misdemeanor shall be by confinement in jail.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-16
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 3. Classification of Criminal Offenses and Punishment Therefor (Refs & Annos)
§ 18.2-16. How common-law offenses punished
A common-law offense, for which punishment is prescribed by statute, shall be punished only in the mode so prescribed.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-17
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 1. In General
Article 3. Classification of Criminal Offenses and Punishment Therefor (Refs & Annos)
§ 18.2-17. When capital punishment inflicted
No crime shall be punished with death unless it be authorized by statute.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 2, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 2. Principals and Accessories
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-18
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 2. Principals and Accessories (Refs & Annos)
§ 18.2-18. How principals in second degree and accessories before the fact punished
In the case of every felony, every principal in the second degree and every accessory before the fact may be indicted, tried, convicted and punished in all respects as if a principal in the first degree; provided, however, that except in the case of a killing for hire under the provisions of subdivision 2 of § 18.2-31 or a killing pursuant to the direction or order of one who is engaged in a continuing criminal enterprise under the provisions of subdivision 10 of § 18.2-31 or a killing pursuant to the direction or order of one who is engaged in the commission of or attempted commission of an act of terrorism under the provisions of subdivision 13 of § 18.2-31, an accessory before the fact or principal in the second degree to a capital murder shall be indicted, tried, convicted and punished as though the offense were murder in the first degree.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1977, c. 478; Acts 1997, c. 313; Acts 2002, c. 588; Acts 2002, c. 623.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-19
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 2. Principals and Accessories (Refs & Annos)
§ 18.2-19. How accessories after the fact punished; certain exceptions
In the case of every felony, every accessory after the fact shall be guilty of a Class 1 misdemeanor; provided, however, no person in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, or servant to the offender, who, after the commission of a felony, shall aid or assist a principal felon or accessory before the fact to avoid or escape from prosecution or punishment, shall be deemed an accessory after the fact.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-20
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 2. Principals and Accessories (Refs & Annos)
§ 18.2-20. Reserved
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-21
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 2. Principals and Accessories (Refs & Annos)
§ 18.2-21. When and where accessories tried; how indicted
An accessory, either before or after the fact, may, whether the principal felon be convicted or not, or be amenable to justice or not, be indicted, tried, convicted and punished in the county or corporation in which he became accessory, or in which the principal felon might be indicted. Any such accessory before the fact may be indicted either with such principal or separately.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 3, Art. 1, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 3. Inchoate Offenses
Article 1. Conspiracies
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-22
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 3. Inchoate Offenses
Article 1. Conspiracies (Refs & Annos)
§ 18.2-22. Conspiracy to commit felony
(a) If any person shall conspire, confederate or combine with another, either within or without this Commonwealth, to commit a felony within this Commonwealth, or if he shall so conspire, confederate or combine with another within this Commonwealth to commit a felony either within or without this Commonwealth, he shall be guilty of a felony which shall be punishable as follows:
(1) Every person who so conspires to commit an offense which is punishable by death shall be guilty of a Class 3 felony;
(2) Every person who so conspires to commit an offense which is a noncapital felony shall be guilty of a Class 5 felony; and
(3) Every person who so conspires to commit an offense the maximum punishment for which is confinement in a state correctional facility for a period of less than five years shall be confined in a state correctional facility for a period of one year, or, in the discretion of the jury or the court trying the case without a jury, may be confined in jail not exceeding twelve months and fined not exceeding $500, either or both.
(b) However, in no event shall the punishment for a conspiracy to commit an offense exceed the maximum punishment for the commission of the offense itself.
(c) Jurisdiction for the trial of any person accused of a conspiracy under this section shall be in the county or city wherein any part of such conspiracy is planned or in the county or city wherein any act is done toward the consummation of such plan or conspiracy.
(d) The penalty provisions of this section shall not apply to any person who conspires to commit any offense defined in Chapter 34 of Title 54.1 or of Article 1 (§ 18.2-247 et seq.), Chapter 7 of this title. The penalty for any such violation shall be as provided in § 18.2-256.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1983, c. 19.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-23
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 3. Inchoate Offenses
Article 1. Conspiracies (Refs & Annos)
§ 18.2-23. Conspiring to trespass or commit larceny
A. If any person shall conspire, confederate or combine with another or others in the Commonwealth to go upon or remain upon the lands, buildings or premises of another, or any part, portion or area thereof, having knowledge that any of them have been forbidden, either orally or in writing, to do so by the owner, lessee, custodian or other person lawfully in charge thereof, or having knowledge that any of them have been forbidden to do so by a sign or signs posted on such lands, buildings, premises or part, portion or area thereof at a place or places where it or they may reasonably be seen, he shall be deemed guilty of a Class 3 misdemeanor.
B. If any person shall conspire, confederate or combine with another or others in the Commonwealth to commit larceny or counsel, assist, aid or abet another in the performance of a larceny, where the aggregate value of the goods or merchandise involved is more than $200, he is guilty of a felony punishable by confinement in a state correctional facility for not less than one year nor more than 20 years. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise. A violation of this subsection constitutes a separate and distinct felony.
C. Jurisdiction for the trial of any person charged under this section shall be in the county or city wherein any part of such conspiracy is planned, or in the county or city wherein any act is done toward the consummation of such plan or conspiracy.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2003, c. 831.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-23.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 3. Inchoate Offenses
Article 1. Conspiracies (Refs & Annos)
§ 18.2-23.1. Completed substantive offense bars conviction for conspiracy
Notwithstanding any other provision of this article or of § 18.2-256, in any case where a defendant has been tried and convicted of an act he has also conspired to commit, such defendant shall be subject to conviction only for the completed substantive offense and not thereafter be convicted for the underlying conspiracy.
CREDIT(S)
Acts 1988, c. 376.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-24
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 3. Inchoate Offenses
Article 1. Conspiracies (Refs & Annos)
§ 18.2-24. Reserved
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 3, Art. 2, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 3. Inchoate Offenses
Article 2. Attempts
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-25
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 3. Inchoate Offenses
Article 2. Attempts (Refs & Annos)
§ 18.2-25. Attempts to commit capital offenses; how punished
If any person attempts to commit an offense which is punishable with death, he shall be guilty of a Class 2 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1985, c. 280.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-26
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 3. Inchoate Offenses
Article 2. Attempts (Refs & Annos)
§ 18.2-26. Attempts to commit noncapital felonies; how punished
Every person who attempts to commit an offense which is a noncapital felony shall be punished as follows:
(1) If the felony attempted is punishable by a maximum punishment of life imprisonment or a term of years in excess of twenty years, an attempt thereat shall be punishable as a Class 4 felony.
(2) If the felony attempted is punishable by a maximum punishment of twenty years' imprisonment, an attempt thereat shall be punishable as a Class 5 felony.
(3) If the felony attempted is punishable by a maximum punishment of less than twenty years' imprisonment, an attempt thereat shall be punishable as a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1994, c. 639.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-27
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 3. Inchoate Offenses
Article 2. Attempts (Refs & Annos)
§ 18.2-27. Attempts to commit misdemeanors; how punished
Every person who attempts to commit an offense which is a misdemeanor shall be punishable by the same punishment prescribed for the offense the commission of which was the object of the attempt.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-28
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 3. Inchoate Offenses
Article 2. Attempts (Refs & Annos)
§ 18.2-28. Maximum punishment for attempts
Any provision in this article notwithstanding, in no event shall the punishment for an attempt to commit an offense exceed the maximum punishment had the offense been committed.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-29
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 3. Inchoate Offenses
Article 2. Attempts (Refs & Annos)
§ 18.2-29. Criminal solicitation; penalty
Any person who commands, entreats, or otherwise attempts to persuade another person to commit a felony other than murder, shall be guilty of a Class 6 felony. Any person age eighteen or older who commands, entreats, or otherwise attempts to persuade another person under age eighteen to commit a felony other than murder, shall be guilty of a Class 5 felony. Any person who commands, entreats, or otherwise attempts to persuade another person to commit a murder is guilty of a felony punishable by confinement in a state correctional facility for a term not less than five years or more than forty years.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1994, c. 364; Acts 1994, c. 440; Acts 2002, c. 615; Acts 2002, c. 635.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 4, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 4. Crimes Against the Person
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 4, Art. 1, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 4. Crimes Against the Person
Article 1. Homicide
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-30
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-30. Murder and manslaughter declared felonies
Any person who commits capital murder, murder of the first degree, murder of the second degree, voluntary manslaughter, or involuntary manslaughter, shall be guilty of a felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-31
Effective: July 1, 2010
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-31. Capital murder defined; punishment
The following offenses shall constitute capital murder, punishable as a Class 1 felony:
1. The willful, deliberate, and premeditated killing of any person in the commission of abduction, as defined in § 18.2-48, when such abduction was committed with the intent to extort money or a pecuniary benefit or with the intent to defile the victim of such abduction;
2. The willful, deliberate, and premeditated killing of any person by another for hire;
3. The willful, deliberate, and premeditated killing of any person by a prisoner confined in a state or local correctional facility as defined in § 53.1-1, or while in the custody of an employee thereof;
4. The willful, deliberate, and premeditated killing of any person in the commission of robbery or attempted robbery;
5. The willful, deliberate, and premeditated killing of any person in the commission of, or subsequent to, rape or attempted rape, forcible sodomy or attempted forcible sodomy or object sexual penetration;
6. The willful, deliberate, and premeditated killing of a law-enforcement officer as defined in § 9.1-101, a fire marshal appointed pursuant to § 27-30 or a deputy or an assistant fire marshal appointed pursuant to § 27-36, when such fire marshal or deputy or assistant fire marshal has police powers as set forth in §§ 27-34.2 and 27-34.2:1, an auxiliary police officer appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, an auxiliary deputy sheriff appointed pursuant to § 15.2-1603, or any law-enforcement officer of another state or the United States having the power to arrest for a felony under the laws of such state or the United States, when such killing is for the purpose of interfering with the performance of his official duties;
7. The willful, deliberate, and premeditated killing of more than one person as a part of the same act or transaction;
8. The willful, deliberate, and premeditated killing of more than one person within a three-year period;
9. The willful, deliberate, and premeditated killing of any person in the commission of or attempted commission of a violation of § 18.2-248, involving a Schedule I or II controlled substance, when such killing is for the purpose of furthering the commission or attempted commission of such violation;
10. The willful, deliberate, and premeditated killing of any person by another pursuant to the direction or order of one who is engaged in a continuing criminal enterprise as defined in subsection I of § 18.2-248;
11. The willful, deliberate, and premeditated killing of a pregnant woman by one who knows that the woman is pregnant and has the intent to cause the involuntary termination of the woman's pregnancy without a live birth;
12. The willful, deliberate, and premeditated killing of a person under the age of fourteen by a person age twenty-one or older;
13. The willful, deliberate, and premeditated killing of any person by another in the commission of or attempted commission of an act of terrorism as defined in § 18.2-46.4;
14. The willful, deliberate, and premeditated killing of a justice of the Supreme Court, a judge of the Court of Appeals, a judge of a circuit court or district court, a retired judge sitting by designation or under temporary recall, or a substitute judge appointed under § 16.1-69.9:1 when the killing is for the purpose of interfering with his official duties as a judge; and
15. The willful, deliberate, and premeditated killing of any witness in a criminal case after a subpoena has been issued for such witness by the court, the clerk, or an attorney, when the killing is for the purpose of interfering with the person's duties in such case.
If any one or more subsections, sentences, or parts of this section shall be judged unconstitutional or invalid, such adjudication shall not affect, impair, or invalidate the remaining provisions thereof but shall be confined in its operation to the specific provisions so held unconstitutional or invalid.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 503; Acts 1977, c. 478; Acts 1979, c. 582; Acts 1980, c. 221; Acts 1981, c. 607; Acts 1982, c. 636; Acts 1983, c. 175; Acts 1985, c. 428; Acts 1988, c. 550; Acts 1989, c. 527; Acts 1990, c. 746; Acts 1991, c. 232; Acts 1995, c. 340; Acts 1996, c. 876; Acts 1996, c. 959; Acts 1997, c. 235; Acts 1997, c. 313; Acts 1997, c. 514; Acts 1997, c. 709; Acts 1998, c. 887; Acts 2002, c. 588; Acts 2002, c. 623; Acts 2007, c. 844; Acts 2007, c. 845; Acts 2007, c. 846; Acts 2010, c. 399; Acts 2010, c. 428; Acts 2010, c. 475.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-32
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-32. First and second degree murder defined; punishment
Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in § 18.2-31, is murder of the first degree, punishable as a Class 2 felony.
All murder other than capital murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 503; Acts 1977, c. 478; Acts 1977, c. 492; Acts 1981, c. 397; Acts 1993, c. 463; Acts 1993, c. 490; Acts 1998, c. 281.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-32.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-32.1. Murder of a pregnant woman; penalty
The willful and deliberate killing of a pregnant woman without premeditation by one who knows that the woman is pregnant and has the intent to cause the involuntary termination of the woman's pregnancy without a live birth shall be punished by a term of imprisonment of not less than ten years nor more than forty years.
CREDIT(S)
Acts 1997, c. 709.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-32.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-32.2. Killing a fetus; penalty
A. Any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony.
B. Any person who unlawfully, willfully, deliberately and maliciously kills the fetus of another is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years.
CREDIT(S)
Acts 2004, c. 1023; Acts 2004, c. 1026.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-32.3
Effective: April 21, 2010
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-32.3. Human infant; independent and separate existence
For the purposes of this article, the fact that the umbilical cord has not been cut or that the placenta remains attached shall not be considered in determining whether a human infant has achieved an independent and separate existence.
CREDIT(S)
Acts 2010, c. 810, eff. April 21, 2010; Acts 2010, c. 851, eff. April 21, 2010.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-33
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-33. Felony homicide defined; punishment
The killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other than those specified in §§ 18.2-31 and 18.2-32, is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five years nor more than forty years.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1999, c. 282.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-34
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-34. Reserved
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-35
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-35. How voluntary manslaughter punished
Voluntary manslaughter is punishable as a Class 5 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-36
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-36. How involuntary manslaughter punished
Involuntary manslaughter is punishable as a Class 5 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1982, c. 301.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-36.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-36.1. Certain conduct punishable as involuntary manslaughter
A. Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of § 18.2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person, shall be guilty of involuntary manslaughter.
B. If, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.
C. The provisions of this section shall not preclude prosecution under any other homicide statute. This section shall not preclude any other revocation or suspension required by law. The driver's license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1989, c. 554; Acts 1989, c. 574; Acts 1992, c. 862; Acts 1994, c. 635; Acts 1994, c. 682; Acts 1999, c. 945; Acts 1999, c. 987; Acts 2000, c. 956; Acts 2000, c. 982; Acts 2004, c. 461.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-36.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-36.2. Involuntary manslaughter; operating a watercraft while under the influence; penalties
A. Any person who, as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738 or a similar local ordinance, unintentionally causes the death of another person, is guilty of involuntary manslaughter.
B. If, in addition, the conduct of the defendant was so gross, wanton, and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.
C. The provisions of this section shall not preclude prosecution under any other homicide statute. The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After five years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in § 29.1-738.5.
CREDIT(S)
Acts 2005, c. 376.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-37
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 1. Homicide (Refs & Annos)
§ 18.2-37. How and where homicide prosecuted and punished if death occur without the Commonwealth
If any person be stricken or poisoned in this Commonwealth, and die by reason thereof out of this Commonwealth, the offender shall be as guilty, and shall be prosecuted and punished, as if the death had occurred in the county or corporation in which the stroke or poison was given or administered.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 4, Art. 2, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 4. Crimes Against the Person
Article 2. Crimes by Mobs
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-38
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2. Crimes by Mobs (Refs & Annos)
§ 18.2-38. “Mob” defined
Any collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person or an act of violence as defined in § 19.2-297.1, without authority of law, shall be deemed a “mob.”
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1999, c. 623.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-39
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2. Crimes by Mobs (Refs & Annos)
§ 18.2-39. “Lynching” defined
Any act of violence by a mob upon the body of any person, which shall result in the death of such person, shall constitute a “lynching.”
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-40
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2. Crimes by Mobs (Refs & Annos)
§ 18.2-40. Lynching deemed murder
Every lynching shall be deemed murder. Any and every person composing a mob and any and every accessory thereto, by which any person is lynched, shall be guilty of murder, and upon conviction, shall be punished as provided in Article 1 (§ 18.2-30 et seq.) of this chapter.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-41
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2. Crimes by Mobs (Refs & Annos)
§ 18.2-41. Shooting, stabbing, etc., with intent to maim, kill, etc., by mob
Any and every person composing a mob which shall maliciously or unlawfully shoot, stab, cut or wound any person, or by any means cause him bodily injury with intent to maim, disable, disfigure or kill him, shall be guilty of a Class 3 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-42
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2. Crimes by Mobs (Refs & Annos)
§ 18.2-42. Assault or battery by mob
Any and every person composing a mob which shall commit a simple assault or battery shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-42.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2. Crimes by Mobs (Refs & Annos)
§ 18.2-42.1. Acts of violence by mob
Any and every person composing a mob which commits an act of violence as defined in § 19.2-297.1 shall be guilty of that act of violence and, upon conviction, shall be punished as provided in the section of this title which makes that act of violence unlawful.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1999, c. 623.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-43
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2. Crimes by Mobs (Refs & Annos)
§ 18.2-43. Apprehension and prosecution of participants in lynching
The attorney for the Commonwealth of any county or city in which a lynching may occur shall promptly and diligently endeavor to ascertain the identity of the persons who in any way participated therein, or who composed the mob which perpetrated the same, and have them apprehended, and shall promptly proceed with the prosecution of any and all persons so found; and to the end that such offenders may not escape proper punishment, such attorney for the Commonwealth may be assisted in all such endeavors and prosecutions by the Attorney General, or other prosecutors designated by the Governor for the purpose; and the Governor may have full authority to spend such sums as he may deem necessary for the purpose of seeking out the identity, and apprehending the members of such mob.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-44
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2. Crimes by Mobs (Refs & Annos)
§ 18.2-44. Civil liability for lynching
No provisions of this article shall be construed to relieve any member of a mob from civil liability to the personal representative of the victim of a lynching.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-45
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2. Crimes by Mobs (Refs & Annos)
§ 18.2-45. Persons suffering death from mob attempting to lynch another person
Every person suffering death from a mob attempting to lynch another person shall come within the provisions of this article, and his personal representative shall be entitled to relief in the same manner and to the same extent as if he were the originally intended victim of such mob.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2. Crimes by Mobs (Refs & Annos)
§ 18.2-46. Venue
Venue for all actions and prosecutions under any of the provisions of this article shall be in the county or city wherein a lynching or other violation of any of the provisions of this article may have occurred, or of the county or city from which the person lynched or assaulted may have been taken as aforesaid.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2004, c. 144.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 4, Art. 2.1, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 4. Crimes Against the Person
Article 2.1. Crimes by Gangs
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.1
Effective: July 1, 2012
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.1. Crimes by Gangs (Refs & Annos)
§ 18.2-46.1. Definitions
As used in this article unless the context requires otherwise or it is otherwise provided:
“Act of violence” means those felony offenses described in subsection A of § 19.2-297.1.
“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.
“Predicate criminal act” means (i) an act of violence; (ii) any violation of § 18.2-42, 18.2-46.3, 18.2-51, 18.2-51.1, 18.2-52, 18. 2-53, 18.2-53.1, 18.2-55, 18.2-56.1, 18.2-57, 18.2-57.2, 18.2-59, 18.2-83, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, 18.2-147, subsection H, H1 or H2 of § 18.2-248, § 18.2-248.01, 18.2-255, 18.2-255.2, 18.2-282.1, 18.2-286.1, 18.2-287.4, 18.2-308.1, 18.2-355, 18.2-356, or 18.2-357; (iii) a second or subsequent felony violation of subsection C of § 18.2-248 or of § 18.2-248.1; (iv) any violation of a local ordinance adopted pursuant to § 15.2-1812.2; or (v) any substantially similar offense under the laws of another state or territory of the United States, the District of Columbia, or the United States.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2000, c. 332; Acts 2004, c. 396; Acts 2004, c. 435; Acts 2004, c. 462; Acts 2004, c. 867; Acts 2005, c. 764; Acts 2005, c. 813; Acts 2006, c. 262; Acts 2006, c. 319; Acts 2006, c. 844; Acts 2006, c. 895; Acts 2007, c. 499. Amended by Acts 2012, c. 364.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.1. Crimes by Gangs (Refs & Annos)
§ 18.2-46.2. Prohibited criminal street gang participation; penalty
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 shall be guilty of a Class 5 felony. However, if such participant in or member of a criminal street gang is age eighteen years or older and knows or has reason to know that such criminal street gang also includes a juvenile member or participant, he shall be guilty of a Class 4 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.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2000, c. 332.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.3
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.1. Crimes by Gangs (Refs & Annos)
§ 18.2-46.3. Recruitment of persons for criminal street gang; penalty
A. Any person who solicits, invites, recruits, encourages or otherwise causes or attempts to cause another to actively participate in or become a member of what he knows to be a criminal street gang is guilty of a Class 1 misdemeanor. Any person age 18 years or older who solicits, invites, recruits, encourages or otherwise causes or attempts to cause a juvenile to actively participate in or become a member of what he knows to be a criminal street gang is guilty of a Class 6 felony.
B. Any person who, in order to encourage an individual (a) to join a criminal street gang, (b) to remain as a participant in or a member of a criminal street gang, or (c) to submit to a demand made by a criminal street gang to commit a felony violation of this title, (i) uses force against the individual or a member of his family or household or (ii) threatens force against the individual or a member of his family or household, which threat would place any person in reasonable apprehension of death or bodily injury, is guilty of a Class 6 felony. The definition of “family or household member” set forth in § 16.1-228 applies to this section.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2000, c. 332; Acts 2004, c. 396; Acts 2004, c. 435.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.3:1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.1. Crimes by Gangs (Refs & Annos)
§ 18.2-46.3:1. Third or subsequent conviction of criminal street gang crimes
Upon a felony conviction of § 18.2-46.2 or § 18.2-46.3, where it is alleged in the warrant, information or indictment on which a person is convicted that (i) such person has been previously convicted twice under any combination of § 18.2-46.2 or § 18.2-46.3, within 10 years of the third or subsequent offense, and (ii) each such offense occurred on different dates, such person is guilty of a Class 3 felony.
CREDIT(S)
Acts 2004, c. 396; Acts 2004, c. 435; Acts 2004, c. 847.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.3:2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.1. Crimes by Gangs (Refs & Annos)
§ 18.2-46.3:2. Forfeiture
All property, both personal and real, of any kind or character used in substantial connection with, intended for use in the course of, derived from, traceable to, or realized through, including any profit or interest derived from, any conduct in violation of any provision of this article is subject to civil forfeiture to the Commonwealth. Further, all property, both personal and real, of any kind or character used or intended to be used in substantial connection with, during the course of, derived from, traceable to, or realized through, including any profit or interest derived from, criminal street gang member recruitment as prohibited under § 18.2-46.3 is subject to civil forfeiture to the Commonwealth. The forfeiture proceeding shall utilize the provisions of Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2 and the procedures specified therein shall apply, mutatis mutandis, to all forfeitures under this article. The application of one civil remedy under the article does not preclude the application of any other remedy, civil or criminal, under this article or any other provision of the Code.
CREDIT(S)
Acts 2004, c. 396; Acts 2004, c. 435.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.3:3
Effective: July 1, 2010
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.1. Crimes by Gangs (Refs & Annos)
§ 18.2-46.3:3. Enhanced punishment for gang activity taking place in a gang-free zone; penalties
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 any public or private two-year or four-year 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. A person who violates subsection A of § 18.2-46.3 upon any property listed in this section is guilty of a Class 6 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 5 felony. Any person who violates subsection B of § 18.2-46.3 upon any property listed in this section is guilty of a Class 5 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.
CREDIT(S)
Acts 2005, c. 764; Acts 2005, c. 813; Acts 2010, c. 364.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 4, Art. 2.2, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 4. Crimes Against the Person
Article 2.2. Terrorism Offenses
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.4
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.2. Terrorism Offenses (Refs & Annos)
§ 18.2-46.4. Definitions
As used in this article unless the context requires otherwise or it is otherwise provided:
“Act of terrorism” means an act of violence as defined in clause (i) of subdivision A of § 19.2-297.1 committed with the intent to (i) intimidate the civilian population at large; or (ii) influence the conduct or activities of the government of the United States, a state or locality through intimidation.
“Base offense” means an act of violence as defined in clause (i) of subdivision A of § 19.2-297.1 committed with the intent required to commit an act of terrorism.
“Weapon of terrorism” means any device or material that is designed, intended or used to cause death, bodily injury or serious bodily harm, through the release, dissemination, or impact of (i) poisonous chemicals; (ii) an infectious biological substance; or (iii) release of radiation or radioactivity.
CREDIT(S)
Acts 2002, c. 588; Acts 2002, c. 623.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.5
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.2. Terrorism Offenses (Refs & Annos)
§ 18.2-46.5. Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty
A. Any person who commits or conspires to commit, or aids and abets the commission of an act of terrorism, as defined in § 18.2-46.4, is guilty of a Class 2 felony if the base offense of such act of terrorism may be punished by life imprisonment, or a term of imprisonment of not less than twenty years.
B. Any person who commits, conspires to commit, or aids and abets the commission of an act of terrorism, as defined in § 18.2-46.4, is guilty of a Class 3 felony if the maximum penalty for the base offense of such act of terrorism is a term of imprisonment or incarceration in jail of less than twenty years.
C. Any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another to participate in an act or acts of terrorism, as defined in § 18.2-46.4, is guilty of a Class 4 felony.
CREDIT(S)
Acts 2002, c. 588; Acts 2002, c. 623; Acts 2007, c. 409.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.6
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.2. Terrorism Offenses (Refs & Annos)
§ 18.2-46.6. Possession, manufacture, distribution, etc. of weapon of terrorism or hoax device prohibited; penalty
A. Any person who, with the intent to commit an act of terrorism, possesses, uses, sells, gives, distributes or manufactures (i) a weapon of terrorism or (ii) a “fire bomb,” “explosive material,” or “device,” as those terms are defined in § 18.2-85, is guilty of a Class 2 felony.
B. Any person who, with the intent to commit an act of terrorism, possesses, uses, sells, gives, distributes or manufactures any device or material that by its design, construction, content or characteristics appears to be or appears to contain a (i) weapon of terrorism or (ii) a “fire bomb,” “explosive material,” or “device,” as those terms are defined in § 18.2-85, but that is an imitation of any such weapon of terrorism, “fire bomb,” “explosive material,” or “device” is guilty of a Class 3 felony.
C. Any person who, with the intent to (i) intimidate the civilian population, (ii) influence the conduct or activities of the government of the United States, a state or locality through intimidation, (iii) compel the emergency evacuation of any place of assembly, building or other structure or any means of mass transportation, or (iv) place any person in reasonable apprehension of bodily harm, uses, sells, gives, distributes or manufactures any device or material that by its design, construction, content or characteristics appears to be or appears to contain a weapon of terrorism, but that is an imitation of any such weapon of terrorism is guilty of a Class 6 felony.
CREDIT(S)
Acts 2002, c. 588; Acts 2002, c. 623.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.7
Effective: October 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.2. Terrorism Offenses (Refs & Annos)
§ 18.2-46.7. Act of bioterrorism against agricultural crops or animals; penalty
Any person who maliciously destroys or devastates agricultural crops or agricultural animals having a value of $2,500 or more through the use of an infectious biological substance with the intent to (i) intimidate the civilian population or (ii) influence the conduct or activities of the government of the United States, a state or locality through intimidation, is guilty of a Class 3 felony.
For the purposes of this section “agricultural animal” means all livestock and poultry as defined in § 3.2-5900 and “agricultural crop” means cultivated plants or produce, including grain, silage, forages, oilseeds, vegetables, fruits, nursery stock or turf grass.
CREDIT(S)
Acts 2002, c. 588; Acts 2002, c. 623.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.8
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.2. Terrorism Offenses (Refs & Annos)
§ 18.2-46.8. Venue
Venue for any violation of this article may be had in the county or city where such crime is alleged to have occurred or where any act in furtherance of an act prohibited by this article was committed.
CREDIT(S)
Acts 2002, c. 588; Acts 2002, c. 623.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.9
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.2. Terrorism Offenses (Refs & Annos)
§ 18.2-46.9. Repealed by Acts 2004, c. 995
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-46.10
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 2.2. Terrorism Offenses (Refs & Annos)
§ 18.2-46.10. Violation of sections within article separate and distinct offenses
A violation of any section in this article shall constitute a separate and distinct offense. If the acts or activities violating any section within this article also violate another provision of law, a prosecution under any section in this article shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.
CREDIT(S)
Acts 2002, c. 588; Acts 2002, c. 623.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 4, Art. 3, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 4. Crimes Against the Person
Article 3. Kidnapping and Related Offenses
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-47
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping and Related Offenses (Refs & Annos)
§ 18.2-47. Abduction and kidnapping defined; punishment
A. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of “abduction.”
B. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to subject him to forced labor or services shall be deemed guilty of “abduction.” For purposes of this subsection, the term “intimidation” shall include destroying, concealing, confiscating, withholding, or threatening to withhold a passport, immigration document, or other governmental identification or threatening to report another as being illegally present in the United States.
C. The provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms “abduction” and “kidnapping” shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.
D. If an offense under subsection A is committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending, the offense shall be a Class 1 misdemeanor in addition to being punishable as contempt of court. However, such offense, if committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending and the person abducted is removed from the Commonwealth by the abducting parent, shall be a Class 6 felony in addition to being punishable as contempt of court.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1979, c. 663; Acts 1980, c. 506; Acts 1997, c. 747; Acts 2009, c. 662.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-48
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping and Related Offenses (Refs & Annos)
§ 18.2-48. Abduction with intent to extort money or for immoral purpose
Abduction (i) of any person with the intent to extort money or pecuniary benefit, (ii) of any person with intent to defile such person, (iii) of any child under sixteen years of age for the purpose of concubinage or prostitution, (iv) of any person for the purpose of prostitution, or (v) of any minor for the purpose of manufacturing child pornography shall be punishable as a Class 2 felony. If the sentence imposed for a violation of (ii), (iii), (iv), or (v) includes a term of confinement less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life subject to revocation by the court.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1993, c. 317; Acts 1997, c. 747; Acts 2006, c. 853; Acts 2006, c. 914; Acts 2011, c. 785.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-48.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping and Related Offenses (Refs & Annos)
§ 18.2-48.1. Abduction by prisoners; penalty
Any prisoner in a state, local or community correctional facility, or in the custody of an employee thereof, or who has escaped from any such facility or from any person in charge of such prisoner, who abducts or takes any person hostage shall be guilty of a Class 3 felony.
CREDIT(S)
Acts 1985, c. 526; Acts 1986, c. 414.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-49
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping and Related Offenses (Refs & Annos)
§ 18.2-49. Threatening, attempting or assisting in such abduction
Any person who (1) threatens, or attempts, to abduct any other person with intent to extort money, or pecuniary benefit, or (2) assists or aids in the abduction of, or threatens to abduct, any person with the intent to defile such person, or (3) assists or aids in the abduction of, or threatens to abduct, any female under sixteen years of age for the purpose of concubinage or prostitution, shall be guilty of a Class 5 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-49.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping and Related Offenses (Refs & Annos)
§ 18.2-49.1. Violation of court order regarding custody and visitation; penalty
A. Any person who knowingly, wrongfully and intentionally withholds a child from either of a child's parents or other legal guardian in a clear and significant violation of a court order respecting the custody or visitation of such child, provided such child is withheld outside of the Commonwealth, is guilty of a Class 6 felony.
B. Any person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child is guilty of a Class 3 misdemeanor upon conviction of a first offense. Any person who commits a second violation of this section within 12 months of a first conviction is guilty of a Class 2 misdemeanor, and any person who commits a third violation occurring within 24 months of the first conviction is guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1987, c. 704; Acts 1989, c. 486; Acts 1994, c. 575; Acts 2002, c. 576; Acts 2002, c. 596; Acts 2003, c. 261.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-50
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping and Related Offenses (Refs & Annos)
§ 18.2-50. Disclosure of information and assistance to law-enforcement officers required
Whenever it is brought to the attention of the members of the immediate family of any person that such person has been abducted, or that threats or attempts have been made to abduct any such person, such members shall make immediate report thereof to the police or other law-enforcement officers of the county, city or town where such person resides, and shall render all such possible assistance to such officers in the capture and conviction of the person or persons guilty of the alleged offense. Any person violating any of the provisions of this section shall be guilty of a Class 2 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-50.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping and Related Offenses (Refs & Annos)
§ 18.2-50.1. Repealed by Acts 1992, c. 479
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-50.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 3. Kidnapping and Related Offenses (Refs & Annos)
§ 18.2-50.2. Emergency control of telephone service in hostage or barricaded person situation
A. The Superintendent of the State Police or the chief law-enforcement officer or sheriff of any county, city or town may designate one or more law-enforcement officers with appropriate technical training or expertise as a hostage and barricade communications specialist.
B. Each telephone company providing service to Virginia residents shall designate a department or one or more individuals to provide liaison with law-enforcement agencies for the purposes of this section and shall designate telephone numbers, not exceeding two, at which such law-enforcement liaison department or individual can be contacted.
C. The supervising law-enforcement officer, who has jurisdiction in any situation in which there is probable cause to believe that the criminal enterprise of hostage holding is occurring or that a person has barricaded himself within a structure and poses an immediate threat to the life, safety or property of himself or others, may order a telephone company, or a hostage and barricade communications specialist to interrupt, reroute, divert, or otherwise control any telephone communications service involved in the hostage or barricade situation for the purpose of preventing telephone communication by a hostage holder or barricaded person with any person other than a law-enforcement officer or a person authorized by the officer.
D. A hostage and barricade communication specialist shall be ordered to act under subsection C only if the telephone company providing service in the area has been contacted and requested to act under subsection C or an attempt to contact has been made, using the telephone company's designated liaison telephone numbers and:
1. The officer's attempt to contact after ten rings for each call is unsuccessful;
2. The telephone company declines to respond to the officer's request because of a threat of personal injury to its employees; or
3. The telephone company indicates when contacted that it will be unable to respond appropriately to the officer's request within a reasonable time from the receipt of the request.
E. The supervising law-enforcement officer may give an order under subsection C only after that supervising law-enforcement officer has given or attempted to give written notification or oral notification of the hostage or barricade situation to the telephone company providing service to the area in which it is occurring. If an order is given on the basis of an oral notice, the oral notice shall be followed by a written confirmation of that notice within forty-eight hours of the order.
F. Good faith reliance on an order by a supervising law-enforcement officer who has the real or apparent authority to issue an order under this section shall constitute a complete defense to any action against a telephone company or a telephone company employee that rises out of attempts by the telephone company or the employees of the telephone company to comply with such an order.
CREDIT(S)
Acts 1992, c. 479.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 4, Art. 4, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 4. Crimes Against the Person
Article 4. Assaults and Bodily Woundings
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-51
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.
If any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill, he shall, except where it is otherwise provided, be guilty of a Class 3 felony. If such act be done unlawfully but not maliciously, with the intent aforesaid, the offender shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-51.1
Effective: July 1, 2010
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-51.1. Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical service providers; penalty; lesser-included offense
If any person maliciously causes bodily injury to another by any means including the means set out in § 18.2-52, with intent to maim, disfigure, disable or kill, and knowing or having reason to know that such other person is a law-enforcement officer, as defined hereinafter, firefighter, as defined in § 65.2-102, search and rescue personnel as defined hereinafter, or emergency medical services personnel, as defined in § 32.1-111.1 engaged in the performance of his public duties as a law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel, such person shall be guilty of a felony punishable by imprisonment for a period of not less than five years nor more than 30 years and, subject to subdivision (g) of § 18.2-10, a fine of not more than $100,000. Upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of two years.
If any person unlawfully, but not maliciously, with the intent aforesaid, causes bodily injury to another by any means, knowing or having reason to know such other person is a law-enforcement officer, firefighter, as defined in § 65.2-102, search and rescue personnel, or emergency medical services personnel, engaged in the performance of his public duties as a law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel, he shall be guilty of a Class 6 felony, and upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of one year.
Nothing in this section shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.
As used in this section, “law-enforcement officer” means any full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof, who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this Commonwealth; any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115; any conservation police officer appointed pursuant to § 29.1-200 and auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733 and auxiliary deputy sheriffs appointed pursuant to § 15.2-1603.
As used in this section, “search and rescue personnel” means any employee or member of a search and rescue organization that is authorized by a resolution or ordinance duly adopted by the governing body of any county, city or town of the Commonwealth or any member of a search and rescue organization operating under a memorandum of understanding with the Virginia Department of Emergency Management.
The provisions of § 18.2-51 shall be deemed to provide a lesser-included offense hereof.
CREDIT(S)
Acts 1983, c. 578; Acts 1985, c. 444; Acts 1994, c. 205; Acts 1994, c. 427; Acts 1997, c. 8; Acts 1997, c. 120; Acts 2002, c. 588; Acts 2002, c. 623; Acts 2004, c. 461; Acts 2004, c. 841; Acts 2007, c. 87; Acts 2010, c. 344.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-51.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-51.2. Aggravated malicious wounding; penalty
A. If any person maliciously shoots, stabs, cuts or wounds any other person, or by any means causes bodily injury, with the intent to maim, disfigure, disable or kill, he shall be guilty of a Class 2 felony if the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment.
B. If any person maliciously shoots, stabs, cuts or wounds any other woman who is pregnant, or by any other means causes bodily injury, with the intent to maim, disfigure, disable or kill the pregnant woman or to cause the involuntary termination of her pregnancy, he shall be guilty of a Class 2 felony if the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment.
C. For purposes of this section, the involuntary termination of a woman's pregnancy shall be deemed a severe injury and a permanent and significant physical impairment.
CREDIT(S)
Acts 1986, c. 460; Acts 1991, c. 670; Acts 1997, c. 709.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-51.3
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-51.3. Prohibition against reckless endangerment of others by throwing objects from places higher than one story; penalty
A. It shall be unlawful for any person, with the intent to cause injury to another, to intentionally throw from a balcony, roof top, or other place more than one story above ground level any object capable of causing any such injury.
B. A violation of this section shall be punishable as a Class 6 felony.
CREDIT(S)
Acts 1990, c. 761.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-51.4
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated
A. Any person who, as a result of driving while intoxicated in violation of § 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment shall be guilty of a Class 6 felony. The driver's license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.
B. The provisions of Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall apply, mutatis mutandis, upon arrest for a violation of this section.
CREDIT(S)
Acts 1997, c. 691; Acts 1999, c. 945; Acts 1999, c. 987; Acts 2000, c. 956; Acts 2000, c. 982.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-51.5
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-51.5. Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty
A. Any person who, as a result of operating a watercraft or motorboat in violation of subsection B of § 29.1-738 or a similar local ordinance in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After two years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in § 29.1-738.5.
B. The provisions of Article 3 (§ 29.1-734 et seq.) of Chapter 7 of Title 29.1 shall apply, mutatis mutandis, upon arrest for a violation of this section.
CREDIT(S)
Acts 2007, c. 379; Acts 2007, c. 679.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-51.6
Effective: July 1, 2012
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-51.6. Strangulation of another; penalty
Any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in the wounding or bodily injury of such person is guilty of strangulation, a Class 6 felony.
CREDIT(S)
Added by Acts 2012, c. 577; Acts 2012, c. 602.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-52
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-52. Malicious bodily injury by means of any caustic substance or agent or use of any explosive or fire
If any person maliciously causes any other person bodily injury by means of any acid, lye or other caustic substance or agent or use of any explosive or fire, he shall be guilty of a felony and shall be punished by confinement in a state correctional facility for a period of not less than five years nor more than thirty years. If such act is done unlawfully but not maliciously, the offender shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1975, c. 604; Acts 1995, c. 439.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-52.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-52.1. Possession of infectious biological substances or radiological agents; penalties
A. Any person who possesses, with the intent thereby to injure another, an infectious biological substance or radiological agent is guilty of a Class 5 felony.
B. Any person who (i) destroys or damages, or attempts to destroy or damage, any facility, equipment or material involved in the sale, manufacturing, storage or distribution of an infectious biological substance or radiological agent, with the intent to injure another by releasing the substance, or (ii) manufactures, sells, gives, distributes or uses an infectious biological substance or radiological agent with the intent to injure another is guilty of a Class 4 felony.
C. Any person who maliciously and intentionally causes any other person bodily injury by means of an infectious biological substance or radiological agent is guilty of a felony and shall be punished by confinement in a state correctional facility for a period of not less than five years nor more than 30 years.
An “infectious biological substance” includes any bacteria, viruses, fungi, protozoa, or rickettsiae capable of causing death or serious bodily injury. This definition shall not include HIV as defined in § 18.2-67.4:1, syphilis or hepatitis B.
A “radiological agent” includes any substance able to release radiation at levels that are capable of causing death or serious bodily injury.
CREDIT(S)
Acts 1996, c. 769; Acts 2002, c. 588; Acts 2002, c. 623; Acts 2002, c. 816; Acts 2004, c. 833.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-53
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-53. Shooting, etc., in committing or attempting a felony
If any person, in the commission of, or attempt to commit, felony, unlawfully shoot, stab, cut or wound another person he shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-53.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-53.1. Use or display of firearm in committing felony
It shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit murder, rape, forcible sodomy, inanimate or animate object sexual penetration as defined in § 18.2-67.2, robbery, carjacking, burglary, malicious wounding as defined in § 18.2-51, malicious bodily injury to a law-enforcement officer as defined in § 18.2-51.1, aggravated malicious wounding as defined in § 18.2-51.2, malicious wounding by mob as defined in § 18.2-41 or abduction. Violation of this section shall constitute a separate and distinct felony and any person found guilty thereof shall be sentenced to a mandatory minimum term of imprisonment of three years for a first conviction, and to a mandatory minimum term of five years for a second or subsequent conviction under the provisions of this section. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.
CREDIT(S)
Acts 1975, c. 624; Acts 1975, c. 628; Acts 1976, c. 371; Acts 1980, c. 333; Acts 1982, c. 654; Acts 1991, c. 506; Acts 1992, c. 191; Acts 1992, c. 726; Acts 1993, c. 549; Acts 1993, c. 835; Acts 1994, c. 950; Acts 2004, c. 461.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-54
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-54. Conviction of lesser offenses under certain indictments
On any indictment for maliciously shooting, stabbing, cutting or wounding a person or by any means causing him bodily injury, with intent to maim, disfigure, disable or kill him, or of causing bodily injury by means of any acid, lye or other caustic substance or agent, the jury or the court trying the case without a jury may find the accused not guilty of the offense charged but guilty of unlawfully doing such act with the intent aforesaid, or of assault and battery if the evidence warrants.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-54.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-54.1. Attempts to poison
If any person administers or attempts to administer any poison or destructive substance in food, drink, prescription or over-the-counter medicine, or otherwise, or poisons any spring, well, waterworks as defined in § 32.1-167, or reservoir of water with intent to kill or injure another person, he shall be guilty of a Class 3 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1983, c. 129; Acts 2006, c. 300.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-54.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-54.2. Adulteration of food, drink, drugs, cosmetics, etc.; penalty
Any person who adulterates or causes to be adulterated any food, drink, prescription or over-the-counter medicine, cosmetic or other substance with the intent to kill or injure any individual who ingests, inhales or uses such substance shall be guilty of a Class 3 felony.
CREDIT(S)
Acts 1983, c. 129.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-55
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-55. Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers or adult parolees
A. It shall be unlawful for a person confined in a state, local or regional correctional facility as defined in § 53.1-1; in a secure facility or detention home as defined in § 16.1-228 or in any facility designed for the secure detention of juveniles; or while in the custody of an employee thereof to knowingly and willfully inflict bodily injury on:
1. An employee thereof, or
2. Any other person lawfully admitted to such facility, except another prisoner or person held in legal custody, or
3. Any person who is supervising or working with prisoners or persons held in legal custody, or
4. Any such employee or other person while such prisoner or person held in legal custody is committing any act in violation of § 53.1-203.
B. It shall be unlawful for an accused, probationer or parolee under the supervision of, or being investigated by, (i) a probation or parole officer whose powers and duties are defined in § 16.1-237 or § 53.1-145, (ii) a local pretrial services officer associated with an agency established pursuant to Article 5 (§ 19.2-152.2) of Chapter 9 of Title 19.2, or (iii) a local community-based probation officer associated with an agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, to knowingly and willfully inflict bodily injury on such officer while he is in the performance of his duty, knowing or having reason to know that the officer is engaged in the performance of his duty.
Any person violating any provision of this section is guilty of a Class 5 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1977, c. 553; Acts 1982, c. 636; Acts 1985, c. 508; Acts 1996, c. 527; Acts 1999, c. 618; Acts 1999, c. 658; Acts 2001, c. 818; Acts 2001, c. 848; Acts 2007, c. 133.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-55.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-55.1. Hazing of youth gang members unlawful; criminal liability
It shall be unlawful to cause bodily injury by hazing (i) any member of a criminal street gang as defined in § 18.2-46.1, or (ii) a person seeking to become a member of a youth gang or criminal street gang. Any person found guilty of hazing is guilty of a Class 1 misdemeanor.
For the purposes of this section, “hazing” means to recklessly or intentionally endanger the health or safety of a person or to inflict bodily injury on a person in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a youth gang or criminal street gang regardless of whether the person so endangered or injured participated voluntarily in the relevant activity.
CREDIT(S)
Acts 2004, c. 850; Acts 2005, c. 843.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-56
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-56. Hazing unlawful; civil and criminal liability; duty of school, etc., officials
It shall be unlawful to haze so as to cause bodily injury, any student at any school, college, or university.
Any person found guilty thereof shall be guilty of a Class 1 misdemeanor.
Any person receiving bodily injury by hazing shall have a right to sue, civilly, the person or persons guilty thereof, whether adults or infants.
The president or other presiding official of any school, college or university receiving appropriations from the state treasury shall, upon satisfactory proof of the guilt of any student hazing another student, sanction and discipline such student in accordance with the institution's policies and procedures. The institution's policies and procedures shall provide for expulsions or other appropriate discipline based on the facts and circumstances of each case. The president or other presiding official of any school, college or university receiving appropriations from the state treasury shall report hazing which causes bodily injury to the attorney for the Commonwealth of the county or city in which such school, college or university is, who shall take such action as he deems appropriate.
For the purposes of this section, “hazing” means to recklessly or intentionally endanger the health or safety of a student or students or to inflict bodily injury on a student or students in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2003, c. 62; Acts 2003, c. 67.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-56.1
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-56.1. Reckless handling of firearms; reckless handling while hunting
A. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Any person violating this section shall be guilty of a Class 1 misdemeanor.
B. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such person's hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years.
C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Game and Inland Fisheries (i) such person's revoked hunting or trapping license or notice that such person's privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action.
D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such person's hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein.
CREDIT(S)
Acts 1977, c. 194; Acts 1985, c. 182; Acts 1991, c. 384; Acts 2010, c. 183; Acts 2011, c. 684.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-56.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-56.2. Allowing access to firearms by children; penalty
A. It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen. Any person violating the provisions of this subsection shall be guilty of a Class 3 misdemeanor.
B. It shall be unlawful for any person knowingly to authorize a child under the age of twelve to use a firearm except when the child is under the supervision of an adult. Any person violating this subsection shall be guilty of a Class 1 misdemeanor. For purposes of this subsection, “adult” shall mean a parent, guardian, person standing in loco parentis to the child or a person twenty-one years or over who has the permission of the parent, guardian, or person standing in loco parentis to supervise the child in the use of a firearm.
CREDIT(S)
Acts 1991, c. 537; Acts 1994, c. 832.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-57
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-57. Assault and battery
A. Any person who commits a simple assault or assault and battery shall be guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
B. However, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin, the person shall be guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
C. In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a law-enforcement officer as defined hereinafter, a correctional officer as defined in § 53.1-1, a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department, a firefighter as defined in § 65.2-102, or a volunteer firefighter or lifesaving or rescue squad member who is a member of a bona fide volunteer fire department or volunteer rescue or emergency medical squad regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or members as employees, engaged in the performance of his public duties, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.
Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.
D. In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to § 18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six months.
E. In addition, any person who commits a battery against another knowing or having reason to know that such individual is a health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties as an emergency health care provider in an emergency room of a hospital or clinic or on the premises of any other facility rendering emergency medical care is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.
F. As used in this section:
“Judge” means any justice or judge of a court of record of the Commonwealth including a judge designated under § 17.1-105, a judge under temporary recall under § 17.1-106, or a judge pro tempore under § 17.1-109, any member of the State Corporation Commission, or of the Virginia Workers' Compensation Commission, and any judge of a district court of the Commonwealth or any substitute judge of such district court.
“Law-enforcement officer” means any full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, any special agent of the Department of Alcoholic Beverage Control, conservation police officers appointed pursuant to § 29.1-200, and full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to § 15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to § 5.1-158, and fire marshals appointed pursuant to § 27-30 when such fire marshals have police powers as set out in §§ 27-34.2 and 27-34.2:1.
“School security officer” means an individual who is employed by the local school board for the purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the assigned school.
G. “Simple assault” or “assault and battery” shall not be construed to include the use of, by any teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver or school bus aide, while acting in the course and scope of his official capacity, any of the following: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.
In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a teacher, teacher aide, principal, assistant principal, guidance counselor, school security officer, school bus driver, or school bus aide at the time of the event.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1994, c. 658; Acts 1997, c. 833; Acts 1999, c. 771; Acts 1999, c. 1036; Acts 2000, c. 288; Acts 2000, c. 682; Acts 2001, c. 129; Acts 2002, c. 817; Acts 2004, c. 420; Acts 2004, c. 461; Acts 2006, c. 270; Acts 2006, c. 709; Acts 2006, c. 829; Acts 2008, c. 460; Acts 2009, c. 257; Acts 2011, c. 230; Acts 2011, c. 233; Acts 2011, c. 374.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-57.01
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-57.01. Pointing laser at law-enforcement officer unlawful; penalty
If any person, knowing or having reason to know another person is a law-enforcement officer as defined in § 18.2-57, a probation or parole officer appointed pursuant to § 53.1-143, a correctional officer as defined in § 53.1-1, or a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department engaged in the performance of his public duties as such, intentionally projects at such other person a beam or a point of light from a laser, a laser gun sight, or any device that simulates a laser, shall be guilty of a Class 2 misdemeanor.
CREDIT(S)
Acts 2000, c. 350.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-57.02
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-57.02. Disarming a law-enforcement or correctional officer; penalty
Any person who knows or has reason to know a person is a law-enforcement officer as defined in § 18.2-57, a correctional officer as defined in § 53.1-1, or a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department, who is engaged in the performance of his duties as such and, with the intent to impede or prevent any such person from performing his official duties, knowingly and without the person's permission removes a chemical irritant weapon or impact weapon from the possession of the officer or deprives the officer of the use of the weapon is guilty of a Class 1 misdemeanor. However, if the weapon removed or deprived in violation of this section is the officer's firearm or stun weapon as defined in § 18.2-308.1, he shall be guilty of a Class 6 felony. A violation of this section shall constitute a separate and distinct offense.
CREDIT(S)
Acts 2001, c. 2; Acts 2007, c. 519.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-57.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-57.1. Repealed by Acts 1997, c. 833
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-57.2
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-57.2. Assault and battery against a family or household member; penalty
A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.
B. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, petition, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, or (v) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date, such person is guilty of a Class 6 felony.
C. Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by § 16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required.
D. The definition of “family or household member” in § 16.1-228 applies to this section.
CREDIT(S)
Acts 1991, c. 238; Acts 1992, c. 526; Acts 1992, c. 886; Acts 1996, c. 866, eff. July 1, 1997; Acts 1997, c. 603; Acts 1999, c. 697; Acts 1999, c. 721; Acts 1999, c. 807; Acts 2004, c. 448; Acts 2004, c. 738; Acts 2009, c. 726.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-57.3
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-57.3. Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge
A. When a person is charged with a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section.
B. For a person to be eligible for such deferral, the court shall find that (i) the person was an adult at the time of the commission of the offense, (ii) the person has not previously been convicted of any offense under this article or under any statute of the United States or of any state or any ordinance of any local government relating to assault and battery against a family or household member, (iii) the person has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, (iv) the person pleads guilty to, or enters a plea of not guilty or nolo contendere and the court finds the evidence is sufficient to find the person guilty of, a violation of § 18.2-57.2, and (v) the person consents to such deferral.
C. The court may (i) where a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1 is available, order that the eligible person be placed with such agency and require, as a condition of local community-based probation, the person to successfully complete all treatment, education programs or services, or any combination thereof indicated by an assessment or evaluation obtained by the local community-based probation services agency if such assessment, treatment or education services are available; or (ii) require successful completion of treatment, education programs or services, or any combination thereof, such as, in the opinion of the court, may be best suited to the needs of the person.
D. The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the program or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.
The court shall order the person to be of good behavior for a total period of not less than two years following the deferral of proceedings, including the period of supervised probation, if available.
The court shall, unless done at arrest, order the person to report to the original arresting law-enforcement agency to submit to fingerprinting.
E. Upon fulfillment of the terms and conditions specified in the court order, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. No charges dismissed pursuant to this section shall be eligible for expungement under § 19.2-392.2.
F. Upon violation of a term or condition of supervised probation or of the period of good behavior, the court may enter an adjudication of guilt and proceed as otherwise provided by law.
G. Notwithstanding any other provision of this section, whenever a court places a person on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of § 18.2-308.
CREDIT(S)
Acts 1999, c. 963; Acts 2000, c. 1040; Acts 2003, c. 33; Acts 2003, c. 38; Acts 2004, c. 377; Acts 2007, c. 133; Acts 2009, c. 313; Acts 2009, c. 347.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-57.4
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 4. Assaults and Bodily Woundings (Refs & Annos)
§ 18.2-57.4. Reporting findings of assault and battery to military family advocacy representatives
If any active duty member of the United States Armed Forces is found guilty of a violation of § 18.2-57.2 or § 18.2-57.3, the court shall report the conviction to family advocacy representatives of the United States Armed Forces.
CREDIT(S)
Acts 2004, c. 681.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 4, Art. 5, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 4. Crimes Against the Person
Article 5. Robbery
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-58
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 5. Robbery (Refs & Annos)
§ 18.2-58. How punished
If any person commit robbery by partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever, he shall be guilty of a felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1975, c. 605; Acts 1978, c. 608.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-58.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 5. Robbery (Refs & Annos)
§ 18.2-58.1. Carjacking; penalty
A. Any person who commits carjacking, as herein defined, shall be guilty of a felony punishable by imprisonment for life or a term not less than fifteen years.
B. As used in this section, “carjacking” means the intentional seizure or seizure of control of a motor vehicle of another with intent to permanently or temporarily deprive another in possession or control of the vehicle of that possession or control by means of partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever. “Motor vehicle” shall have the same meaning as set forth in § 46.2-100.
C. The provisions of this section shall not preclude the applicability of any other provision of the criminal law of the Commonwealth which may apply to any course of conduct which violates this section.
CREDIT(S)
Acts 1993, c. 500.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 4, Art. 6, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 4. Crimes Against the Person
Article 6. Extortion and Other Threats
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-59
Effective: July 1, 2010
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 6. Extortion and Other Threats (Refs & Annos)
§ 18.2-59. Extortion of money, property or pecuniary benefit
Any person who (i) threatens injury to the character, person, or property of another person, (ii) accuses him of any offense, (iii) threatens to report him as being illegally present in the United States, or (iv) knowingly destroys, conceals, removes, confiscates, withholds or threatens to withhold, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a Class 5 felony.
For the purposes of this section, injury to property includes the sale, distribution, or release of identifying information defined in clauses (iii) through (xii) of subsection C of § 18.2-186.3, but does not include the distribution or release of such information by a person who does so with the intent to obtain money, property or a pecuniary benefit to which he reasonably believes he is lawfully entitled.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2006, c. 313; Acts 2007, c. 453; Acts 2007, c. 547; Acts 2010, c. 298.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-60
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 6. Extortion and Other Threats (Refs & Annos)
§ 18.2-60. Threats of death or bodily injury to a person or member of his family; threats to commit serious bodily harm to persons on school property; penalty
A. 1. Any person who knowingly communicates, in a writing, including an electronically transmitted communication producing a visual or electronic message, a threat to kill or do bodily injury to a person, regarding that person or any member of his family, and the threat places such person 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, in a writing, including an electronically transmitted communication producing a visual or electronic message, to kill or do bodily harm, (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 in reasonable apprehension of death or bodily harm, is guilty of a Class 6 felony.
B. Any person who orally makes a threat to any employee of any elementary, middle or secondary school, while on a school bus, on school property or at a school-sponsored activity, to kill or to do bodily injury to such person, is guilty of a Class 1 misdemeanor.
A prosecution pursuant to this section may be either in the county, city or town in which the communication was made or received.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1994, c. 265; Acts 1998, c. 687; Acts 1998, c. 788; Acts 2001, c. 644; Acts 2001, c. 653; Acts 2002, c. 588; Acts 2002, c. 623.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-60.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 6. Extortion and Other Threats (Refs & Annos)
§ 18.2-60.1. Threatening the Governor or his immediate family
Any person who shall knowingly and willfully send, deliver or convey, or cause to be sent, delivered or conveyed, to the Governor or his immediate family any threat to take the life of or inflict bodily harm upon the Governor or his immediate family, whether such threat be oral or written, shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1982, c. 568.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-60.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 6. Extortion and Other Threats (Refs & Annos)
§ 18.2-60.2. Members of the Governor's immediate family
As used in § 18.2-60.1, the immediate family of the Governor shall include any parent, sibling, child, grandchild, spouse, parent of a spouse, and spouse of a sibling, child or grandchild who resides in the same household as the Governor.
CREDIT(S)
Acts 1982, c. 568.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-60.3
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 6. Extortion and Other Threats (Refs & Annos)
§ 18.2-60.3. Stalking; penalty
A. Any person, except a law-enforcement officer, as defined in § 9.1-101, and acting in the performance of his official duties, and a registered private investigator, as defined in § 9.1-138, who is regulated in accordance with § 9.1-139 and acting in the course of his legitimate business, who on more than one occasion engages in conduct directed at another person with the intent to place, or when he knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member is guilty of a Class 1 misdemeanor.
B. A third or subsequent conviction occurring within five years of a conviction for an offense under this section or for a similar offense under the law of any other jurisdiction shall be a Class 6 felony.
C. A person may be convicted under this section irrespective of the jurisdiction or jurisdictions within the Commonwealth wherein the conduct described in subsection A occurred, if the person engaged in that conduct on at least one occasion in the jurisdiction where the person is tried. Evidence of any such conduct that occurred outside the Commonwealth may be admissible, if relevant, in any prosecution under this section provided that the prosecution is based upon conduct occurring within the Commonwealth.
D. Upon finding a person guilty under this section, the court shall, in addition to the sentence imposed, issue an order prohibiting contact between the defendant and the victim or the victim's family or household member.
E. The Department of Corrections, sheriff or regional jail director shall give notice prior to the release from a state correctional facility or a local or regional jail of any person incarcerated upon conviction of a violation of this section, to any victim of the offense who, in writing, requests notice, or to any person designated in writing by the victim. The notice shall be given at least fifteen days prior to release of a person sentenced to a term of incarceration of more than thirty days or, if the person was sentenced to a term of incarceration of at least forty-eight hours but no more than thirty days, twenty-four hours prior to release. If the person escapes, notice shall be given as soon as practicable following the escape. The victim shall keep the Department of Corrections, sheriff or regional jail director informed of the current mailing address and telephone number of the person named in the writing submitted to receive notice.
All information relating to any person who receives or may receive notice under this subsection shall remain confidential and shall not be made available to the person convicted of violating this section.
For purposes of this subsection, “release” includes a release of the offender from a state correctional facility or a local or regional jail (i) upon completion of his term of incarceration or (ii) on probation or parole.
No civil liability shall attach to the Department of Corrections nor to any sheriff or regional jail director or their deputies or employees for a failure to comply with the requirements of this subsection.
F. For purposes of this section:
“Family or household member” has the same meaning as provided in § 16.1-228.
CREDIT(S)
Acts 1992, c. 888; Acts 1994, c. 360; Acts 1994, c. 521; Acts 1994, c. 739; Acts 1995, c. 824; Acts 1996, c. 540; Acts 1996, c. 866, eff. July 1, 1997; Acts 1998, c. 570; Acts 2001, c. 197; Acts 2002, c. 377.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-60.4
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 6. Extortion and Other Threats (Refs & Annos)
§ 18.2-60.4. Violation of protective orders; penalty
Any person who violates any provision of a protective order issued pursuant to § 19.2-152.8, 19.2-152.9 or 19.2-152.10 is guilty of a Class 1 misdemeanor. Conviction hereunder shall bar a finding of contempt for the same act. The punishment for any person convicted of a second offense of violating a protective order, when the offense is committed within five years of the prior conviction and when either the instant or prior offense was based on an act or threat of violence, shall include a mandatory minimum term of confinement of 60 days. Any person convicted of a third or subsequent offense of violating a protective order, when the offense is committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence, is guilty of a Class 6 felony and the punishment shall include a mandatory minimum term of confinement of six months.
If the respondent commits an assault and battery upon any party protected by the protective order resulting in serious bodily injury to the party, he is guilty of a Class 6 felony. Any person who violates such a protective order by furtively entering the home of any protected party while the party is present, or by entering and remaining in the home of the protected party until the party arrives, is guilty of a Class 6 felony, in addition to any other penalty provided by law.
Upon conviction of any offense hereunder for which a mandatory minimum term of confinement is not specified, the person shall be sentenced to a term of confinement and in no case shall the entire term imposed be suspended.
Upon conviction, the court shall, in addition to the sentence imposed, enter a protective order pursuant to § 19.2-152.10 for a specified period not exceeding two years from the date of conviction.
CREDIT(S)
Acts 1998, c. 569; Acts 2003, c. 219; Acts 2011, c. 445; Acts 2011, c. 480.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 4, Art. 7, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 4. Crimes Against the Person
Article 7. Criminal Sexual Assault
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-61
Effective: July 1, 2012
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-61. Rape
A. If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness's mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape.
B. A violation of this section shall be punishable, in the discretion of the court or jury, by confinement in a state correctional facility for life or for any term not less than five years; and in addition:
1. For a violation of clause (iii) of subsection A where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i)subsection A of § 18.2-47 or § 18.2-48, (ii)§ 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years; or
2. For a violation of clause (iii) of subsection A where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life.
If the term of confinement imposed for any violation of clause (iii) of subsection A, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court.
There shall be a rebuttable presumption that a juvenile over the age of 10 but less than 12, does not possess the physical capacity to commit a violation of this section. In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant's completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.
C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under § 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1975, c. 606; Acts 1981, c. 397; Acts 1982, c. 506; Acts 1986, c. 516; Acts 1994, c. 339; Acts 1994, c. 772; Acts 1994, c. 794; Acts 1997, c. 330; Acts 1999, c. 367; Acts 2002, c. 810; Acts 2002, c. 818; Acts 2005, c. 631; Acts 2006, c. 853; Acts 2006, c. 914. Amended by Acts 2012, c. 575; Acts 2012, c. 605.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-62
Effective: July 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-62. Testing of certain persons for human immunodeficiency virus or hepatitis B or C viruses
A. As soon as practicable following arrest, the attorney for the Commonwealth may request, after consultation with any complaining witness, that any person charged with (i) any crime involving sexual assault pursuant to this article, (ii) any offenses against children as prohibited by §§ 18.2-361, 18.2-366, 18.2-370, and 18.2-370.1, or (iii) any assault and battery in which the complaining witness was exposed to body fluids of the person arrested, be requested to submit to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. The person so charged shall be counseled about the meaning of the test, about acquired immunodeficiency syndrome or hepatitis B or C viruses, and about the transmission and prevention of infection with human immunodeficiency virus or hepatitis B or C viruses.
If the person so charged refuses to submit to the test or the competency of the person to consent to the test is at issue, the court with jurisdiction of the case shall hold a hearing to determine whether there is probable cause that the individual has committed the crime with which he is charged. If the court finds probable cause, the court shall order the accused to undergo testing for infection with human immunodeficiency virus or hepatitis B or C viruses. The court may enter such an order in the absence of the defendant if the defendant is represented at the hearing by counsel or a guardian ad litem. The court's finding shall be without prejudice to either the Commonwealth or the person charged and shall not be evidence in any proceeding, civil or criminal.
B. At any point following indictment, arrest by warrant, or service of a petition in the case of a juvenile, of any crime involving sexual assault pursuant to this article or any offenses against children as prohibited by §§ 18.2-361, 18.2-366, 18.2-370, and 18.2-370.1, the attorney for the Commonwealth may request, or after consultation with a complaining witness and, upon the request of the complaining witness shall request, and the court shall order the defendant to submit to testing for infection with human immunodeficiency virus or hepatitis B or C viruses within 48 hours, and follow-up testing as may be medically appropriate. Any test conducted following indictment, arrest by warrant, or service of a petition shall be in addition to such tests as may have been conducted following arrest pursuant to subsection A.
C. Confirmatory tests shall be conducted before any test result shall be determined to be positive. The results of the tests for infection with human immunodeficiency virus or hepatitis B or C viruses shall be confidential as provided in § 32.1-36.1; however, the Department of Health shall also disclose the results to any victim and offer appropriate counseling as provided by subsection B of § 32.1-37.2. The Department shall conduct surveillance and investigation in accordance with § 32.1-39.
The results of such tests shall not be admissible as evidence in any criminal proceeding.
The cost of such tests shall be paid by the Commonwealth and taxed as part of the cost of such criminal proceedings.
CREDIT(S)
Acts 1990, c. 957; Acts 1992, c. 500; Acts 1992, c. 587; Acts 1993, c. 512; Acts 2001, c. 862; Acts 2005, c. 661; Acts 2008, c. 756.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-63
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age
A. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony.
B. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age who consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be guilty of a Class 4 misdemeanor.
In calculating whether such child is three years or more a junior of the accused minor, the actual dates of birth of the child and the accused, respectively, shall be used.
C. For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) “carnal knowledge” includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1975, c. 606; Acts 1981, c. 397; Acts 1993, c. 852; Acts 2007, c. 718.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-63.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-63.1. Death of victim
When the death of the victim occurs in connection with an offense under this article, it shall be immaterial in the prosecution thereof whether the alleged offense occurred before or after the death of the victim.
CREDIT(S)
Acts 1978, c. 803; Acts 1981, c. 397; Acts 1991, c. 534.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-64
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-64. Repealed by Acts 1981, c. 397
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-64.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-64.1. Carnal knowledge of certain minors
If any person providing services, paid or unpaid, to juveniles under the purview of the Juvenile and Domestic Relations District Court Law, or to juveniles who have been committed to the custody of the State Department of Juvenile Justice, carnally knows, without the use of force, any minor fifteen years of age or older, when such minor is confined or detained in jail, is detained in any facility mentioned in § 16.1-249, or has been committed to the custody of the Department of Juvenile Justice pursuant to § 16.1-278.8, knowing or having good reason to believe that (i) such minor is in such confinement or detention status, (ii) such minor is a ward of the Department of Juvenile Justice, or (iii) such minor is on probation, furlough, or leave from or has escaped or absconded from such confinement, detention, or custody, he shall be guilty of a Class 6 felony.
For the purposes of this section, “carnal knowledge” includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse, and animate and inanimate object sexual penetration.
CREDIT(S)
Acts 1977, c. 304; Acts 1981, c. 397; Acts 1989, c. 733; Acts 1993, c. 852.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-64.2
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-64.2. Carnal knowledge of an inmate, parolee, probationer, detainee or pretrial or posttrial offender; penalty
An
accused shall be guilty of carnal knowledge of an inmate, parolee, probationer,
detainee, or pretrial defendant or posttrial offender if he or she is an
employee or contractual employee of, or a volunteer with, a state or local
correctional facility or regional jail, the Department of Corrections, the
Department of Juvenile Justice, a secure facility or detention home, as defined
in § 16.1-228, a state or local court services unit, as defined in § 16.1-235, a
local community-based probation services agency or a pretrial services agency;
is in a position of authority over the inmate, probationer, parolee, detainee,
or a pretrial defendant or posttrial offender; knows that the inmate,
probationer, parolee, detainee, or pretrial defendant or posttrial offender is
under the jurisdiction of the state or local correctional facility, a regional
jail, the Department of Corrections, the Department of Juvenile Justice, a
secure facility or detention home, as defined in § 16.1-228, a state or local
court services unit, as defined in § 16.1-235, a local community-based probation
services agency, or a pretrial services agency; and carnally knows, without the
use of force, threat or intimidation (i) an inmate who has been committed to
jail or convicted and sentenced to confinement in a state or local correctional
facility or regional jail or (ii) a probationer, parolee, detainee, or a
pretrial defendant or posttrial offender under the jurisdiction of the
Department of Corrections, the Department of Juvenile Justice, a secure facility
or detention home, as defined in § 16.1-228, a state or local court services
unit, as defined in § 16.1-235, a local community-based probation services
agency, a pretrial services agency, a local or regional jail for the purposes of
imprisonment, a work program or any other parole/
For the purposes of this section, “carnal knowledge” includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse and animate or inanimate object sexual penetration.
CREDIT(S)
Acts 1999, c. 294; Acts 2000, c. 1040; Acts 2001, c. 385; Acts 2007, c. 133.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-65
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-65. Repealed by Acts 1981, c. 397
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-66
Effective: July 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-66. Repealed by Acts 2008, cc. 174 and 206
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67. Depositions of complaining witnesses in cases of criminal sexual assault and attempted criminal sexual assault
Before or during the trial for an offense or attempted offense under this article, the judge of the court in which the case is pending, with the consent of the accused first obtained in open court, by an order of record, may direct that the deposition of the complaining witness be taken at a time and place designated in the order, and the judge may adjourn the taking thereof to such other time and places as he may deem necessary. Such deposition shall be taken before a judge of a circuit court in the county or city in which the offense was committed or the trial is had, and the judge shall rule upon all questions of evidence, and otherwise control the taking of the same as though it were taken in open court. At the taking of such deposition the attorney for the Commonwealth, as well as the accused and his attorneys, shall be present and they shall have the same rights in regard to the examination of such witness as if he or she were testifying in open court. No other person shall be present unless expressly permitted by the judge. Such deposition shall be read to the jury at the time such witness might have testified if such deposition had not been taken, and shall be considered by them, and shall have the same force and effect as though such testimony had been given orally in court. The judge may, in like manner, direct other depositions of the complaining witness, in rebuttal or otherwise, which shall be taken and read in the manner and under the conditions herein prescribed as to the first deposition. The cost of taking such depositions shall be paid by the Commonwealth.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1975, c. 606; Acts 1981, c. 397; Acts 1987, c. 448.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.01
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.01. Omitted
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.1
Effective: July 1, 2012
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.1. Forcible sodomy
A. An accused shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anilingus, or anal intercourse with a complaining witness whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person, and
1. The complaining witness is less than 13 years of age; or
2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness.
B. Forcible sodomy is a felony punishable by confinement in a state correctional facility for life or for any term not less than five years; and in addition:
1. For a violation of subdivision A 1, where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i)subsection A of § 18.2-47 or § 18.2-48, (ii)§ 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years; or
2. For a violation of subdivision A 1 where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life.
If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court.
In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant's completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.
C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under § 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.
CREDIT(S)
Acts 1981, c. 397; Acts 1986, c. 516; Acts 1994, c. 772; Acts 1994, c. 794; Acts 1999, c. 367; Acts 2005, c. 631; Acts 2006, c. 853; Acts 2006, c. 914. Amended by Acts 2012, c. 575; Acts 2012, c. 605.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.2
Effective: July 1, 2012
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.2. Object sexual penetration; penalty
A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and
1. The complaining witness is less than 13 years of age; or
2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness.
B. Inanimate or animate object sexual penetration is a felony punishable by confinement in the state correctional facility for life or for any term not less than five years; and in addition:
1. For a violation of subdivision A 1, where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i)subsection A of § 18.2-47 or § 18.2-48, (ii)§ 18.2-89, 18.2-90, or 18.2-91, or (iii) § 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years; or
2. For a violation of subdivision A 1 where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life.
If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court.
In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant's completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness.
C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under § 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under § 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness.
CREDIT(S)
Acts 1981, c. 397; Acts 1982, c. 508; Acts 1986, c. 516; Acts 1988, c. 437; Acts 1993, c. 549; Acts 1994, c. 772; Acts 1994, c. 794; Acts 1999, c. 367; Acts 2005, c. 631; Acts 2006, c. 853; Acts 2006, c. 914. Amended by Acts 2012, c. 575; Acts 2012, c. 605.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.2:1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.2:1. Repealed by Acts 2005, c. 631
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.3
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.3. Aggravated sexual battery; penalty
A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and
1. The complaining witness is less than 13 years of age, or
2. The act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness, or
3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or
4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and
a. The complaining witness is at least 13 but less than 15 years of age, or
b. The accused causes serious bodily or mental injury to the complaining witness, or
c. The accused uses or threatens to use a dangerous weapon.
B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.
CREDIT(S)
Acts 1993, c. 590; Acts 2004, c. 843; Acts 2005, c. 185; Acts 2005, c. 406.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.4
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.4. Sexual battery
A.
An accused is guilty of sexual battery if he sexually abuses, as defined in §
18.2-67.10, (i) the complaining witness against the will of the complaining
witness, by force, threat, intimidation, or ruse, (ii) an inmate who has been
committed to jail or convicted and sentenced to confinement in a state or local
correctional facility or regional jail, and the accused is an employee or
contractual employee of, or a volunteer with, the state or local correctional
facility or regional jail; is in a position of authority over the inmate; and
knows that the inmate is under the jurisdiction of the state or local
correctional facility or regional jail, or (iii) a probationer, parolee, or a
pretrial defendant or posttrial offender under the jurisdiction of the
Department of Corrections, a local community-based probation services agency, a
pretrial services agency, a local or regional jail for the purposes of
imprisonment, a work program or any other parole/
B. Sexual battery is a Class 1 misdemeanor.
CREDIT(S)
Acts 1997, c. 643; Acts 1999, c. 294; Acts 2000, c. 832; Acts 2000, c. 1040; Acts 2006, c. 284; Acts 2007, c. 133.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.4:1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.4:1. Infected sexual battery; penalty
A. Any person who, knowing he is infected with HIV, syphilis, or hepatitis B, has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with the intent to transmit the infection to another person is guilty of a Class 6 felony.
B. Any person who, knowing he is infected with HIV, syphilis, or hepatitis B, has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with another person without having previously disclosed the existence of his infection to the other person is guilty of a Class 1 misdemeanor.
C. “HIV” means the human immunodeficiency virus or any other related virus that causes acquired immunodeficiency syndrome (AIDS).
Nothing in this section shall prevent the prosecution of any other crime against persons under Chapter 4 (§ 18.2-30 et seq.) of this title. Any person charged with a violation of this section alleging he is infected with HIV shall be subject to the testing provisions of § 18.2-62.
CREDIT(S)
Acts 2000, c. 831; Acts 2004, c. 449.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.4:2
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.4:2. Sexual abuse of a child under 15 years of age; penalty
Any adult who, with lascivious intent, commits an act of sexual abuse, as defined in § 18.2-67.10, with any child 13 years of age or older but under 15 years of age is guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 2007, c. 463.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.5
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.5. Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery
A. An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration shall be punishable as a Class 4 felony.
B. An attempt to commit aggravated sexual battery shall be a felony punishable as a Class 6 felony.
C. An attempt to commit sexual battery is a Class 1 misdemeanor.
CREDIT(S)
Acts 1981, c. 397; Acts 1993, c. 549.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.5:1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.5:1. Punishment upon conviction of third misdemeanor offense
When a person is convicted of sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of subsection C of § 18.2-67.5, a violation of § 18.2-371 involving consensual intercourse with a child, indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387, or a violation of § 18.2-130, and it is alleged in the warrant, information or indictment on which the person is convicted and found by the court or jury trying the case that the person has previously been convicted within the ten-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, he shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1994, c. 468; Acts 2006, c. 875.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.5:2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault
A. Any person convicted of (i) more than one offense specified in subsection B or (ii) one of the offenses specified in subsection B of this section and one of the offenses specified in subsection B of § 18.2-67.5:3 when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in § 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to the maximum term authorized by statute for such offense, and shall not have all or any part of such sentence suspended, provided it is admitted, or found by the jury or judge before whom the person is tried, that he has been previously convicted of at least one of the specified offenses.
B. The provisions of subsection A shall apply to felony convictions for:
1. Carnal knowledge of a child between thirteen and fifteen years of age in violation of § 18.2-63 when the offense is committed by a person over the age of eighteen;
2. Carnal knowledge of certain minors in violation of § 18.2-64.1;
3. Aggravated sexual battery in violation of § 18.2-67.3;
4. Crimes against nature in violation of subsection B of § 18.2-361;
5. Adultery or fornication with one's own child or grandchild in violation of § 18.2-366;
6. Taking indecent liberties with a child in violation of § 18.2-370 or § 18.2-370.1; or
7. Conspiracy to commit any offense listed in subdivisions 1 through 6 pursuant to § 18.2-22.
C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.
The Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.
CREDIT(S)
Acts 1995, c. 834; Acts 2000, c. 333.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.5:3
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault
A. Any person convicted of more than one offense specified in subsection B, when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in § 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury or judge before whom he is tried, that he has been previously convicted of at least one of the specified offenses.
B. The provisions of subsection A shall apply to convictions for:
1. Rape in violation of § 18.2-61;
2. Forcible sodomy in violation of § 18.2-67.1;
3. Object sexual penetration in violation of § 18.2-67.2;
4. Abduction with intent to defile in violation of § 18.2-48; or
5. Conspiracy to commit any offense listed in subdivisions 1 through 4 pursuant to § 18.2-22.
C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.
The Commonwealth shall notify the defendant in the indictment, information, or warrant, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.
CREDIT(S)
Acts 1995, c. 834; Acts 2007, c. 506.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.6
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.6. Proof of physical resistance not required
The Commonwealth need not demonstrate that the complaining witness cried out or physically resisted the accused in order to convict the accused of an offense under this article, but the absence of such resistance may be considered when relevant to show that the act alleged was not against the will of the complaining witness.
CREDIT(S)
Acts 1981, c. 397.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.7
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.7. Admission of evidence (Supreme Court Rule 2:412 derived from this section)
A. In prosecutions under this article, or under clause (iii) or (iv) of § 18.2-48, 18.2-370, 18.2-370.01, or 18.2-370.1, general reputation or opinion evidence of the complaining witness's unchaste character or prior sexual conduct shall not be admitted. Unless the complaining witness voluntarily agrees otherwise, evidence of specific instances of his or her prior sexual conduct shall be admitted only if it is relevant and is:
1. Evidence offered to provide an alternative explanation for physical evidence of the offense charged which is introduced by the prosecution, limited to evidence designed to explain the presence of semen, pregnancy, disease, or physical injury to the complaining witness's intimate parts; or
2. Evidence of sexual conduct between the complaining witness and the accused offered to support a contention that the alleged offense was not accomplished by force, threat or intimidation or through the use of the complaining witness's mental incapacity or physical helplessness, provided that the sexual conduct occurred within a period of time reasonably proximate to the offense charged under the circumstances of this case; or
3. Evidence offered to rebut evidence of the complaining witness's prior sexual conduct introduced by the prosecution.
B. Nothing contained in this section shall prohibit the accused from presenting evidence relevant to show that the complaining witness had a motive to fabricate the charge against the accused. If such evidence relates to the past sexual conduct of the complaining witness with a person other than the accused, it shall not be admitted and may not be referred to at any preliminary hearing or trial unless the party offering same files a written notice generally describing the evidence prior to the introduction of any evidence, or the opening statement of either counsel, whichever first occurs, at the preliminary hearing or trial at which the admission of the evidence may be sought.
C. Evidence described in subsections A and B of this section shall not be admitted and may not be referred to at any preliminary hearing or trial until the court first determines the admissibility of that evidence at an evidentiary hearing to be held before the evidence is introduced at such preliminary hearing or trial. The court shall exclude from the evidentiary hearing all persons except the accused, the complaining witness, other necessary witnesses, and required court personnel. If the court determines that the evidence meets the requirements of subsections A and B of this section, it shall be admissible before the judge or jury trying the case in the ordinary course of the preliminary hearing or trial. If the court initially determines that the evidence is inadmissible, but new information is discovered during the course of the preliminary hearing or trial which may make such evidence admissible, the court shall determine in an evidentiary hearing whether such evidence is admissible.
CREDIT(S)
Acts 1981, c. 397; Acts 2007, c. 890; Acts 2011, c. 785.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.8
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.8. Closed preliminary hearings
In preliminary hearings for offenses charged under this article or under §§ 18.2-361, 18.2-366, 18.2-370 or § 18.2-370.1, the court may, on its own motion or at the request of the Commonwealth, the complaining witness, the accused, or their counsel, exclude from the courtroom all persons except officers of the court and persons whose presence, in the judgment of the court, would be supportive of the complaining witness or the accused and would not impair the conduct of a fair hearing.
CREDIT(S)
Acts 1981, c. 397; Acts 1993, c. 440.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.9
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.9. Testimony by child victims and witnesses using two-way closed-circuit television
A. The provisions of this section shall apply to an alleged victim who was fourteen years of age or under at the time of the alleged offense and is sixteen or under at the time of the trial and to a witness who is fourteen years of age or under at the time of the trial.
In any criminal proceeding, including preliminary hearings, involving an alleged offense against a child, relating to a violation of the laws pertaining to kidnapping (§ 18.2-47 et seq.), criminal sexual assault (§ 18.2-61 et seq.) or family offenses pursuant to Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2, or involving an alleged murder of a person of any age, the attorney for the Commonwealth or the defendant may apply for an order from the court that the testimony of the alleged victim or a child witness be taken in a room outside the courtroom and be televised by two-way closed-circuit television. The party seeking such order shall apply for the order at least seven days before the trial date or at least seven days before such other preliminary proceeding to which the order is to apply.
B. The court may order that the testimony of the child be taken by closed-circuit television as provided in subsection A if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public, for any of the following reasons:
1. The child's persistent refusal to testify despite judicial requests to do so;
2. The child's substantial inability to communicate about the offense; or
3. The substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying.
Any ruling on the child's unavailability under this subsection shall be supported by the court with findings on the record or with written findings in a court not of record.
C. In any proceeding in which closed-circuit television is used to receive testimony, the attorney for the Commonwealth and the defendant's attorney shall be present in the room with the child, and the child shall be subject to direct and cross-examination. The only other persons allowed to be present in the room with the child during his testimony shall be those persons necessary to operate the closed-circuit equipment, and any other person whose presence is determined by the court to be necessary to the welfare and well-being of the child.
D. The child's testimony shall be transmitted by closed-circuit television into the courtroom for the defendant, jury, judge and public to view. The defendant shall be provided with a means of private, contemporaneous communication with his attorney during the testimony.
E. Notwithstanding any other provision of law, none of the cost of the two-way closed-circuit television shall be assessed against the defendant.
CREDIT(S)
Acts 1988, c. 846; Acts 1999, c. 668; Acts 2001, c. 410.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-67.10
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 7. Criminal Sexual Assault (Refs & Annos)
§ 18.2-67.10. General definitions
As used in this article:
1. “Complaining witness” means the person alleged to have been subjected to rape, forcible sodomy, inanimate or animate object sexual penetration, marital sexual assault, aggravated sexual battery, or sexual battery.
2. “Intimate parts” means the genitalia, anus, groin, breast, or buttocks of any person.
3. “Mental incapacity” means that condition of the complaining witness existing at the time of an offense under this article which prevents the complaining witness from understanding the nature or consequences of the sexual act involved in such offense and about which the accused knew or should have known.
4. “Physical helplessness” means unconsciousness or any other condition existing at the time of an offense under this article which otherwise rendered the complaining witness physically unable to communicate an unwillingness to act and about which the accused knew or should have known.
5. The complaining witness's “prior sexual conduct” means any sexual conduct on the part of the complaining witness which took place before the conclusion of the trial, excluding the conduct involved in the offense alleged under this article.
6. “Sexual abuse” means an act committed with the intent to sexually molest, arouse, or gratify any person, where:
a. The accused intentionally touches the complaining witness's intimate parts or material directly covering such intimate parts;
b. The accused forces the complaining witness to touch the accused's, the witness's own, or another person's intimate parts or material directly covering such intimate parts;
c. If the complaining witness is under the age of 13, the accused causes or assists the complaining witness to touch the accused's, the witness's own, or another person's intimate parts or material directly covering such intimate parts; or
d. The accused forces another person to touch the complaining witness's intimate parts or material directly covering such intimate parts.
CREDIT(S)
Acts 1981, c. 397; Acts 1987, c. 227; Acts 1993, c. 549; Acts 1994, c. 568; Acts 2004, c. 741.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-68
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 8. Seduction
§§ 18.2-68 to 18.2-70. Repealed by Acts 1994, c. 59
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-70
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 8. Seduction
§§ 18.2-68 to 18.2-70. Repealed by Acts 1994, c. 59
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 4, Art. 9, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 4. Crimes Against the Person
Article 9. Abortion
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-71
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 9. Abortion (Refs & Annos)
§ 18.2-71. Producing abortion or miscarriage, etc.; penalty
Except as provided in other sections of this article, if any person administer to, or cause to be taken by a woman, any drug or other thing, or use means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and thereby destroy such child, or produce such abortion or miscarriage, he shall be guilty of a Class 4 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-71.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 9. Abortion (Refs & Annos)
§ 18.2-71.1. Partial birth infanticide; penalty
A. Any person who knowingly performs partial birth infanticide and thereby kills a human infant is guilty of a Class 4 felony.
B. For the purposes of this section, “partial birth infanticide” means any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed.
The term “partial birth infanticide” shall not under any circumstances be construed to include any of the following procedures: (i) the suction curettage abortion procedure, (ii) the suction aspiration abortion procedure, (iii) the dilation and evacuation abortion procedure involving dismemberment of the fetus prior to removal from the body of the mother, or (iv) completing delivery of a living human infant and severing the umbilical cord of any infant who has been completely delivered.
C. For the purposes of this section, “human infant who has been born alive” means a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.
D. For purposes of this section, “substantially expelled or extracted from its mother” means, in the case of a headfirst presentation, the infant's entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant's trunk past the navel is outside the body of the mother.
E. This section shall not prohibit the use by a physician of any procedure that, in reasonable medical judgment, is necessary to prevent the death of the mother, so long as the physician takes every medically reasonable step, consistent with such procedure, to preserve the life and health of the infant. A procedure shall not be deemed necessary to prevent the death of the mother if completing the delivery of the living infant would prevent the death of the mother.
F. The mother may not be prosecuted for any criminal offense based on the performance of any act or procedure by a physician in violation of this section.
CREDIT(S)
Acts 2003, c. 961; Acts 2003, c. 963.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-72
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 9. Abortion (Refs & Annos)
§ 18.2-72. When abortion lawful during first trimester of pregnancy
Notwithstanding any of the provisions of § 18.2-71, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery, to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the first trimester of pregnancy.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-73
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 9. Abortion (Refs & Annos)
§ 18.2-73. When abortion lawful during second trimester of pregnancy
Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of § 18.2-72, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery, to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the second trimester of pregnancy and prior to the third trimester of pregnancy provided such procedure is performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2009, c. 813; Acts 2009, c. 840.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-74
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 9. Abortion (Refs & Annos)
§ 18.2-74. When abortion or termination of pregnancy lawful after second trimester of pregnancy
Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of §§ 18.2-72 and 18.2-73, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman in a stage of pregnancy subsequent to the second trimester provided the following conditions are met:
(a) Said operation is performed in a hospital licensed by the Virginia State Department of Health or operated by the Department of Behavioral Health and Developmental Services.
(b) The physician and two consulting physicians certify and so enter in the hospital record of the woman, that in their medical opinion, based upon their best clinical judgment, the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.
(c) Measures for life support for the product of such abortion or miscarriage must be available and utilized if there is any clearly visible evidence of viability.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2009, c. 813; Acts 2009, c. 840.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-74.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 9. Abortion (Refs & Annos)
§ 18.2-74.1. Abortion, etc., when necessary to save life of woman
In the event it is necessary for a licensed physician to terminate a human pregnancy or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman in order to save her life, in the opinion of the physician so performing the abortion or causing the miscarriage, §§ 18.2-71, 18.2-73 and 18.2-74 shall not be applicable.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-74.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 9. Abortion (Refs & Annos)
§ 18.2-74.2. Repealed by Acts 2003, cc. 961 and 963
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-75
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 9. Abortion (Refs & Annos)
§ 18.2-75. Conscience clause
Nothing in §§ 18.2-72, 18.2-73 or § 18.2-74 shall require a hospital or other medical facility or physician to admit any patient under the provisions hereof for the purpose of performing an abortion. In addition, any person who shall state in writing an objection to any abortion or all abortions on personal, ethical, moral or religious grounds shall not be required to participate in procedures which will result in such abortion, and the refusal of such person, hospital or other medical facility to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person, nor shall any such person be denied employment because of such objection or refusal. The written objection shall remain in effect until such person shall revoke it in writing or terminate his association with the facility with which it is filed.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-76
Effective: July 1, 2012
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 9. Abortion (Refs & Annos)
§ 18.2-76. Informed written consent required; civil penalty
A. Before performing any abortion or inducing any miscarriage or terminating a pregnancy as provided in § 18.2-72, 18.2-73, or 18.2-74, the physician shall obtain the informed written consent of the pregnant woman. However, if the woman has been adjudicated incapacitated by any court of competent jurisdiction or if the physician knows or has good reason to believe that such woman is incapacitated as adjudicated by a court of competent jurisdiction, then only after permission is given in writing by a parent, guardian, committee, or other person standing in loco parentis to the woman, may the physician perform the abortion or otherwise terminate the pregnancy.
B. At least 24 hours before the performance of an abortion, a qualified medical professional trained in sonography and working under the supervision of a physician licensed in the Commonwealth shall perform fetal transabdominal ultrasound imaging on the patient undergoing the abortion for the purpose of determining gestational age. If the pregnant woman lives at least 100 miles from the facility where the abortion is to be performed, the fetal ultrasound imaging shall be performed at least two hours before the abortion. The ultrasound image shall contain the dimensions of the fetus and accurately portray the presence of external members and internal organs of the fetus, if present or viewable. Determination of gestational age shall be based upon measurement of the fetus in a manner consistent with standard medical practice in the community for determining gestational age. When only the gestational sac is visible during ultrasound imaging, gestational age may be based upon measurement of the gestational sac. If gestational age cannot be determined by a transabdominal ultrasound, then the patient undergoing the abortion shall be verbally offered other ultrasound imaging to determine gestational age, which she may refuse. A print of the ultrasound image shall be made to document the measurements that have been taken to determine the gestational age of the fetus.
The provisions of this subsection shall not apply if the woman seeking an abortion is the victim of rape or incest, if the incident was reported to law-enforcement authorities. Nothing herein shall preclude the physician from using any ultrasound imaging that he considers to be medically appropriate pursuant to the standard medical practice in the community.
C. The qualified medical professional performing fetal ultrasound imaging pursuant to subsection B shall verbally offer the woman an opportunity to view the ultrasound image, receive a printed copy of the ultrasound image and hear the fetal heart tones pursuant to standard medical practice in the community, and shall obtain from the woman written certification that this opportunity was offered and whether or not it was accepted and, if applicable, verification that the pregnant woman lives at least 100 miles from the facility where the abortion is to be performed. A printed copy of the ultrasound image shall be maintained in the woman's medical record at the facility where the abortion is to be performed for the longer of (i) seven years or (ii) the extent required by applicable federal or state law.
D. For purposes of this section:
“Informed written consent” means the knowing and voluntary written consent to abortion by a pregnant woman of any age, without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion by the physician who is to perform the abortion or his agent. The basic information to effect such consent, as required by this subsection, shall be provided by telephone or in person to the woman at least 24 hours before the abortion by the physician who is to perform the abortion, by a referring physician, or by a licensed professional or practical nurse working under the direct supervision of either the physician who is to perform the abortion or the referring physician; however, the information in subdivision 5 may be provided instead by a licensed health-care professional working under the direct supervision of either the physician who is to perform the abortion or the referring physician. This basic information shall include:
1. A full, reasonable and comprehensible medical explanation of the nature, benefits, and risks of and alternatives to the proposed procedures or protocols to be followed in her particular case;
2. An instruction that the woman may withdraw her consent at any time prior to the performance of the procedure;
3. An offer for the woman to speak with the physician who is to perform the abortion so that he may answer any questions that the woman may have and provide further information concerning the procedures and protocols;
4. A statement of the probable gestational age of the fetus at the time the abortion is to be performed and that fetal ultrasound imaging shall be performed prior to the abortion to confirm the gestational age; and
5. An offer to review the printed materials described in subsection F. If the woman chooses to review such materials, they shall be provided to her in a respectful and understandable manner, without prejudice and intended to give the woman the opportunity to make an informed choice and shall be provided to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by first-class mail or, if the woman requests, by certified mail, restricted delivery. This offer for the woman to review the material shall advise her of the following: (i) the Department of Health publishes printed materials that describe the unborn child and list agencies that offer alternatives to abortion; (ii) medical assistance benefits may be available for prenatal care, childbirth and neonatal care, and that more detailed information on the availability of such assistance is contained in the printed materials published by the Department; (iii) the father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion, that assistance in the collection of such support is available, and that more detailed information on the availability of such assistance is contained in the printed materials published by the Department; (iv) she has the right to review the materials printed by the Department and that copies will be provided to her free of charge if she chooses to review them; and (v) a statewide list of public and private agencies and services that provide ultrasound imaging and auscultation of fetal heart tone services free of charge. Where the woman has advised that the pregnancy is the result of a rape, the information in clause (iii) may be omitted.
The information required by this subsection may be provided by telephone or in person.
E. The physician need not obtain the informed written consent of the woman when the abortion is to be performed pursuant to a medical emergency or spontaneous miscarriage. “Medical emergency” means any condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create a serious risk of substantial and irreversible impairment of a major bodily function.
F. On or before October 1, 2001, the Department of Health shall publish, in English and in each language which is the primary language of two percent or more of the population of the Commonwealth, the following printed materials in such a way as to ensure that the information is easily comprehensible:
1. Geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth and while the child is dependent, including, but not limited to, information on services relating to (i) adoption as a positive alternative, (ii) information relative to counseling services, benefits, financial assistance, medical care and contact persons or groups, (iii) paternity establishment and child support enforcement, (iv) child development, (v) child rearing and stress management, (vi) pediatric and maternal health care, and (vii) public and private agencies and services that provide ultrasound imaging and auscultation of fetal heart tone services free of charge. The materials shall include a comprehensive list of the names and telephone numbers of the agencies, or, at the option of the Department of Health, printed materials including a toll-free, 24-hour-a-day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer;
2. Materials designed to inform the woman of the probable anatomical and physiological characteristics of the human fetus at two-week gestational increments from the time when a woman can be known to be pregnant to full term, including any relevant information on the possibility of the fetus's survival and pictures or drawings representing the development of the human fetus at two-week gestational increments. Such pictures or drawings shall contain the dimensions of the fetus and shall be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental and designed to convey only accurate scientific information about the human fetus at the various gestational ages; and
3. Materials containing objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, the possible detrimental psychological effects of abortion, and the medical risks commonly associated with carrying a child to term.
The Department of Health shall make these materials available at each local health department and, upon request, to any person or entity, in reasonable numbers and without cost to the requesting party.
G. Any physician who fails to comply with the provisions of this section shall be subject to a $2,500 civil penalty.
CREDIT(S)
Acts 2003, c. 784. Amended by Acts 2012, c. 131.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-76.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 9. Abortion (Refs & Annos)
§ 18.2-76.1. Encouraging or promoting abortion
If any person, by publication, lecture, advertisement, or by the sale or circulation of any publication, or through the use of a referral agency for profit, or in any other manner, encourage or promote the performing of an abortion or the inducing of a miscarriage in this Commonwealth which is prohibited under this article, he shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-76.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 4. Crimes Against the Person (Refs & Annos)
Article 9. Abortion (Refs & Annos)
§ 18.2-76.2. Omitted
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 5, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 5. Crimes Against Property
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 5, Art. 1, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 5. Crimes Against Property
Article 1. Arson and Related Crimes
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-77
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-77. Burning or destroying dwelling house, etc.
A. If any person maliciously (i) burns, or by use of any explosive device or substance destroys, in whole or in part, or causes to be burned or destroyed, or (ii) aids, counsels or procures the burning or destruction of any dwelling house or manufactured home whether belonging to himself or another, or any occupied hotel, hospital, mental health facility, or other house in which persons usually dwell or lodge, any occupied railroad car, boat, vessel, or river craft in which persons usually dwell or lodge, or any occupied jail or prison, or any occupied church or occupied building owned or leased by a church that is immediately adjacent to a church, he shall be guilty of a felony, punishable by imprisonment for life or for any period not less than five years and, subject to subdivision g of § 18.2-10, a fine of not more than $100,000. Any person who maliciously sets fire to anything, or aids, counsels or procures the setting fire to anything, by the burning whereof such occupied dwelling house, manufactured home, hotel, hospital, mental health facility or other house, or railroad car, boat, vessel, or river craft, jail or prison, church or building owned or leased by a church that is immediately adjacent to a church, is burned shall be guilty of a violation of this subsection.
B. Any such burning or destruction when the building or other place mentioned in subsection A is unoccupied, shall be punishable as a Class 4 felony.
C. For purposes of this section, “church” shall be defined as in § 18.2-127.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1977, c. 63; Acts 1978, c. 443; Acts 1993, c. 406; Acts 1997, c. 832.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-78
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-78. What not deemed dwelling house
No outhouse, not adjoining a dwelling house, nor under the same roof, although within the curtilage thereof, shall be deemed a part of such dwelling house, within the meaning of this chapter, unless some person usually lodge therein at night.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-79
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-79. Burning or destroying meeting house, etc.
If any person maliciously burns, or by the use of any explosive device or substance, maliciously destroys, in whole or in part, or causes to be burned or destroyed, or aids, counsels, or procures the burning or destroying, of any meeting house, courthouse, townhouse, college, academy, schoolhouse, or other building erected for public use except an asylum, hotel, jail, prison or church or building owned or leased by a church that is immediately adjacent to a church, or any banking house, warehouse, storehouse, manufactory, mill, or other house, whether the property of himself or of another person, not usually occupied by persons lodging therein at night, at a time when any person is therein, or if he maliciously sets fire to anything, or causes to be set on fire, or aids, counsels, or procures the setting on fire of anything, by the burning whereof any building mentioned in this section is burned, at a time when any person is therein, he shall be guilty of a Class 3 felony. If such offense is committed when no person is in such building mentioned in this section, the offender shall be guilty of a Class 4 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1997, c. 832.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-80
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-80. Burning or destroying any other building or structure
If any person maliciously, or with intent to defraud an insurance company or other person, burn, or by the use of any explosive device or substance, maliciously destroy, in whole or in part, or cause to be burned or destroyed, or aid, counsel or procure the burning or destruction of any building, bridge, lock, dam or other structure, whether the property of himself or of another, at a time when any person is therein or thereon, the burning or destruction whereof is not punishable under any other section of this chapter, he shall be guilty of a Class 3 felony. If he commits such offense at a time when no person is in such building, or other structure, and such building, or other structure, with the property therein, be of the value of $200, or more, he shall be guilty of a Class 4 felony, and if it and the property therein be of less value, he shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1981, c. 197.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-81
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-81. Burning or destroying personal property, standing grain, etc.
If any person maliciously, or with intent to defraud an insurance company or other person, set fire to or burn or destroy by any explosive device or substance, or cause to be burned, or destroyed by any explosive device or substance, or aid, counsel, or procure the burning or destroying by any explosive device or substance, of any personal property, standing grain or other crop, he shall, if the thing burnt or destroyed, be of the value of $200 or more, be guilty of a Class 4 felony; and if the thing burnt or destroyed be of less value, he shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1981, c. 197.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-82
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-82. Burning building or structure while in such building or structure with intent to commit felony
If any person while in any building or other structure unlawfully, with intent to commit a felony therein, shall burn or cause to be burned, in whole or in part, such building or other structure, the burning of which is not punishable under any other section of this chapter, he shall be guilty of a Class 4 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-83
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-83. Threats to bomb or damage buildings or means of transportation; false information as to danger to such buildings, etc.; punishment; venue
A. Any person (a) who makes and communicates to another by any means any threat to bomb, burn, destroy or in any manner damage any place of assembly, building or other structure, or any means of transportation, or (b) who communicates to another, by any means, information, knowing the same to be false, as to the existence of any peril of bombing, burning, destruction or damage to any such place of assembly, building or other structure, or any means of transportation, shall be guilty of a Class 5 felony; provided, however, that if such person be under fifteen years of age, he shall be guilty of a Class 1 misdemeanor.
B. A violation of this section may be prosecuted either in the jurisdiction from which the communication was made or in the jurisdiction where the communication was received.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1982, c. 502.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-84
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-84. Causing, inciting, etc., commission of act proscribed by § 18.2-83
Any person fifteen years of age or over, including the parent of any child, who shall cause, encourage, incite, entice or solicit any person, including a child, to commit any act proscribed by the provisions of § 18.2-83, shall be guilty of a Class 5 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-85
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-85. Manufacture, possession, use, etc., of fire bombs or explosive materials or devices; penalties
For the purpose of this section:
“Device” means any instrument, apparatus or contrivance, including its component parts, that is capable of producing or intended to produce an explosion but shall not include fireworks as defined in § 27-95.
“Explosive material” means any chemical compound, mechanical mixture or device that is commonly used or can be used for the purpose of producing an explosion and which contains any oxidizing and combustive agents or other ingredients in such proportions, quantities or packaging that an ignition by fire, friction, concussion, percussion, detonation or by any part of the compound or mixture may cause a sudden generation of highly heated gases. These materials include, but are not limited to, gunpowder, powders for blasting, high explosives, blasting materials, fuses (other than electric circuit breakers), detonators, and other detonating agents and smokeless powder.
“Fire bomb” means any container of a flammable material such as gasoline, kerosene, fuel oil, or other chemical compound, having a wick composed of any material or a device or other substance which, if set or ignited, is capable of igniting such flammable material or chemical compound but does not include a similar device commercially manufactured and used solely for the purpose of illumination or cooking.
“Hoax explosive device” means any device which by its design, construction, content or characteristics appears to be or to contain a bomb or other destructive device or explosive but which is an imitation of any such device or explosive.
Any person who (i) possesses materials with which fire bombs or explosive materials or devices can be made with the intent to manufacture fire bombs or explosive materials or devices or, (ii) manufactures, transports, distributes, possesses or uses a fire bomb or explosive materials or devices shall be guilty of a Class 5 felony. Any person who constructs, uses, places, sends, or causes to be sent any hoax explosive device so as to intentionally cause another person to believe that such device is a bomb or explosive shall be guilty of a Class 6 felony.
Nothing in this section shall prohibit the authorized manufacture, transportation, distribution, use or possession of any material, substance, or device by a member of the armed forces of the United States, fire fighters or law-enforcement officers, nor shall it prohibit the manufacture, transportation, distribution, use or possession of any material, substance or device to be used solely for scientific research, educational purposes or for any lawful purpose, subject to the provisions of §§ 27-97 and 27-97.2.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 526; Acts 1977, c. 326; Acts 1990, c. 644; Acts 1990, c. 647; Acts 1992, c. 540; Acts 2000, c. 951, eff. July 1, 2000; Acts 2000, c. 1065, eff. Jan. 1, 2001; Acts 2002, c. 588; Acts 2002, c. 623; Acts 2005, c. 204.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-86
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-86. Setting fire to woods, fences, grass, etc.
If any person maliciously set fire to any wood, fence, grass, straw or other thing capable of spreading fire on land, he shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-87
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-87. Setting woods, etc., on fire intentionally whereby another is damaged or jeopardized
Any person who intentionally sets or procures another to set fire to any woods, brush, leaves, grass, straw, or any other inflammable substance capable of spreading fire, and who intentionally allows the fire to escape to lands not his own, whereby the property of another is damaged or jeopardized, shall be guilty of a Class 1 misdemeanor, and shall be liable for the full amount of all expenses incurred in fighting the fire.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1988, c. 403.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-87.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-87.1. Setting off chemical bombs capable of producing smoke in certain public buildings
It shall be unlawful for any person to willfully and intentionally set off or cause to be set off any chemical bomb capable of producing smoke in any building used for public assembly or regularly used by the public including, but not limited to, schools, theaters, stores, office buildings, shopping malls, coliseums and arenas. Any person convicted of a violation of this section shall be guilty of a Class 2 misdemeanor.
CREDIT(S)
Acts 1976, c. 153.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-88
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 1. Arson and Related Crimes (Refs & Annos)
§ 18.2-88. Carelessly damaging property by fire
If any person carelessly, negligently or intentionally set any woods or marshes on fire, or set fire to any stubble, brush, straw, or any other substance capable of spreading fire on lands, whereby the property of another is damaged or jeopardized, he shall be guilty of a Class 4 misdemeanor, and shall be liable for the full amount of all expenses incurred in fighting the fire.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 5, Art. 2, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 5. Crimes Against Property
Article 2. Burglary and Related Offenses
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-89
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 2. Burglary and Related Offenses (Refs & Annos)
§ 18.2-89. Burglary; how punished
If any person break and enter the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein, he shall be guilty of burglary, punishable as a Class 3 felony; provided, however, that if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-90
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 2. Burglary and Related Offenses (Refs & Annos)
§ 18.2-90. Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty
If any person in the nighttime enters without breaking or in the daytime breaks and enters or enters and conceals himself in a dwelling house or an adjoining, occupied outhouse or in the nighttime enters without breaking or at any time breaks and enters or enters and conceals himself in any building permanently affixed to realty, or any ship, vessel or river craft or any railroad car, or any automobile, truck or trailer, if such automobile, truck or trailer is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, he shall be deemed guilty of statutory burglary, which offense shall be a Class 3 felony. However, if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1985, c. 110; Acts 1992, c. 546; Acts 1997, c. 832; Acts 2004, c. 842.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-91
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 2. Burglary and Related Offenses (Refs & Annos)
§ 18.2-91. Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony
If any person commits any of the acts mentioned in § 18.2-90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, or if any person commits any of the acts mentioned in § 18.2-89 or § 18.2-90 with intent to commit assault and battery, he shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1975, c. 602; Acts 1991, c. 710; Acts 1992, c. 486; Acts 1996, c. 1040; Acts 1997, c. 832.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-92
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 2. Burglary and Related Offenses (Refs & Annos)
§ 18.2-92. Breaking and entering dwelling house with intent to commit other misdemeanor
If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1992, c. 486.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-93
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 2. Burglary and Related Offenses (Refs & Annos)
§ 18.2-93. Entering bank, armed, with intent to commit larceny
If any person, armed with a deadly weapon, shall enter any banking house, in the daytime or in the nighttime, with intent to commit larceny of money, bonds, notes, or other evidence of debt therein, he shall be guilty of a Class 2 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-94
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 2. Burglary and Related Offenses (Refs & Annos)
§ 18.2-94. Possession of burglarious tools, etc.
If any person have in his possession any tools, implements or outfit, with intent to commit burglary, robbery or larceny, upon conviction thereof he shall be guilty of a Class 5 felony. The possession of such burglarious tools, implements or outfit by any person other than a licensed dealer, shall be prima facie evidence of an intent to commit burglary, robbery or larceny.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 5, Art. 3, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 5. Crimes Against Property
Article 3. Larceny and Receiving Stolen Goods
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-95
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-95. Grand larceny defined; how punished
Any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm's value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1975, c. 603; Acts 1980, c. 175; Acts 1991, c. 710; Acts 1992, c. 822; Acts 1998, c. 821.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-96
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-96. Petit larceny defined; how punished
Any person who:
1. Commits larceny from the person of another of money or other thing of value of less than $5, or
2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1980, c. 175; Acts 1992, c. 822.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-96.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-96.1. Identification of certain personalty
A. The owner of personal property may permanently mark such property, including any part thereof, for the purpose of identification with the social security number of the owner, preceded by the letters “VA.”
B. Repealed.
C. It shall be unlawful for any person to remove, alter, deface, destroy, conceal, or otherwise obscure the manufacturer's serial number or marks, including personalty marked with a social security number preceded by the letters “VA,” from such personal property or any part thereof, without the consent of the owner, with intent to render it or other property unidentifiable.
D. It shall be unlawful for any person to possess such personal property or any part thereof, without the consent of the owner, knowing that the manufacturer's serial number or any other distinguishing identification number or mark, including personalty marked with a social security number preceded by the letters “VA,” has been removed, altered, defaced, destroyed, concealed, or otherwise obscured with the intent to violate the provisions of this section.
E. A person in possession of such property which is otherwise in violation of this section may apply in writing to the Bureau of Criminal Investigation, Virginia State Police, for assignment of a number for the personal property providing he can show that he is the lawful owner of the property. If a number is issued in conformity with the provisions of this section, then the person to whom it was issued and any person to whom the property is lawfully disposed of shall not be in violation of this section. This subsection shall apply only when the application has been filed by a person prior to arrest or authorization of a warrant of arrest for that person by a court.
F. Any person convicted of an offense under this section, when the value of the personalty is less than $200, shall be guilty of a Class 1 misdemeanor and, when the value of the personalty is $200 or more, shall be guilty of a Class 5 felony.
CREDIT(S)
Acts 1981, c. 165; Acts 1982, c. 382.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-97
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-97. Larceny of certain animals and poultry
Any person who shall be guilty of the larceny of a dog, horse, pony, mule, cow, steer, bull or calf shall be guilty of a Class 5 felony; and any person who shall be guilty of the larceny of any poultry of the value of $5 dollars or more, but of the value of less than $200, or of a sheep, lamb, swine, or goat, of the value of less than $200, shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1981, c. 197.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-97.1
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-97.1. Removal of a transmitting device; penalty
Any person who removes an electronic or radio transmitting device from a dog, falcon, hawk, or owl without the permission of the owner and with the intent to prevent or hinder the owner from locating the dog, falcon, hawk, or owl is guilty of a Class 1 misdemeanor. Upon a finding of guilt, the court shall order that the defendant pay as restitution the actual value of any dog, falcon, hawk, or owl lost or killed as a result of such removal. The court may also order restitution to the owner for any lost breeding revenues.
CREDIT(S)
Acts 2007, c. 484; Acts 2007, c. 721; Acts 2011, c. 191.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-98
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-98. Larceny of bank notes, checks, etc., or any book of accounts
If any person steal any bank note, check, or other writing or paper of value, whether the same represents money and passes as currency, or otherwise, or any book of accounts, for or concerning money or goods due or to be delivered, he shall be deemed guilty of larceny thereof, and may be charged for such larceny under § 18.2-95 or 18.2-96, and if convicted shall receive the same punishment, according to the value of the thing stolen, prescribed for the punishment of the larceny of goods and chattels. The provisions of this section shall be construed to embrace all bank notes and papers of value representing money and passing as currency, whether the same be the issue of this Commonwealth or any other state, or of the United States, or of any corporation, and shall include all other papers of value, of whatever description. In a prosecution under this section, the money due on or secured by the writing, paper or book, and remaining unsatisfied, or which in any event might be collected thereon, or the value of the property or money affected thereby, shall be deemed to be the value of the article stolen.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2009, c. 591.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-98.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-98.1. Repealed by Acts 1984, c. 751
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-99
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-99. Larceny of things fixed to the freehold
Things which savor of the realty, and are at the time they are taken part of the freehold, whether they be of the substance or produce thereof, or affixed thereto, shall be deemed goods and chattels of which larceny may be committed, although there be no interval between the severing and taking away.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-100
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-100. Removal of crop by tenant before rents and advances are satisfied
It shall be unlawful for any person renting the lands of another, either for a share of the crop or for money consideration, to remove therefrom, without the consent of the landlord, any part of such crop until the rents and advances are satisfied. Every such offense shall be punishable as a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-101
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-101. Selling, etc., of goods distrained or levied on
If any person fraudulently sell, pledge, encumber, remove, destroy, receive or secrete any goods, chattels or other personal property of any kind whatsoever that has been distrained or levied upon, with intent to defeat such distress or levy, he shall be deemed guilty of the larceny thereof.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-102
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-102. Unauthorized use of animal, aircraft, vehicle or boat; consent; accessories or accomplices
Any person who shall take, drive or use any animal, aircraft, vehicle, boat or vessel, not his own, without the consent of the owner thereof and in the absence of the owner, and with intent temporarily to deprive the owner thereof of his possession thereof, without intent to steal the same, shall be guilty of a Class 6 felony; provided, however, that if the value of such animal, aircraft, vehicle, boat or vessel shall be less than $200, such person shall be guilty of a Class 1 misdemeanor. The consent of the owner of an animal, aircraft, vehicle, boat or vessel to its taking, driving or using shall not in any case be presumed or implied because of such owner's consent on a previous occasion to the taking, driving or using of such animal, aircraft, vehicle, boat or vessel by the same or a different person. Any person who assists in, or is a party or accessory to, or an accomplice in, any such unauthorized taking, driving or using shall be subject to the same punishment as if he were the principal offender.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1981, c. 197.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-102.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-102.1. Removal of shopping cart from store premises
(1) The term “shopping cart” when used in this section means those push carts of the type or types which are commonly provided by grocery stores, drugstores, or other merchant stores or markets for the use of the public in transporting commodities in stores and markets from the store to a place outside the store.
(2) It shall be unlawful for any person to remove a shopping cart from the premises, of the owner of such shopping cart without the consent, of the owner or of his agent, servant, or employee given at the time of such removal. For the purpose of this section, the premises shall include all the parking area set aside by the owner, or on behalf of the owner, for the parking of cars for the convenience of the patrons of the owner.
(3) Any person convicted of a violation under subsection (2) shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 269.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-102.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-102.2. Unauthorized use of dairy milk cases or milk crates; penalty
It shall be unlawful for any person to:
1. Buy, sell, or dispose of any milk case or milk crate bearing the name or label of the owner without the written consent of the owner or his designated agent;
2. Refuse, upon written demand of the owner or his designated agent, to return to the owner or his designated agent any milk case or milk crate bearing the name or label of the owner; or
3. Deface, obliterate, erase, cover up, or otherwise remove or conceal any name, label, registered trademark, insignia, or other business identification of an owner of a milk case or milk crate without the consent of the owner, for the purpose of destroying or removing from the milk case or milk crate evidence of its ownership.
A violation of this section shall be punishable as a Class 4 misdemeanor.
For purposes of this section, milk cases or milk crates shall be deemed to bear a name or label of an owner when there is imprinted or attached on the case or crate a name, insignia, mark, business identification, or label showing ownership or sufficient information to ascertain ownership. The term “milk case” or “milk crate” means a wire or plastic container which holds sixteen quarts or more of beverage and is used by distributors or retailers or their agents as a means to transport, store, or carry dairy products.
CREDIT(S)
Acts 1990, c. 452.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-103
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-103. Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts
Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $200, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $200 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1994, c. 706.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-104
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-104. Punishment for conviction of misdemeanor larceny
When a person is convicted of an offense of larceny or any offense deemed to be or punished as larceny under any provision of the Code, and it is alleged in the warrant, indictment or information on which he is convicted, and admitted, or found by the jury or judge before whom he is tried, that he has been before convicted in the Commonwealth of Virginia or in another jurisdiction for any offense of larceny or any offense deemed or punishable as larceny, or of any substantially similar offense in any other jurisdiction, regardless of whether the prior convictions were misdemeanors, felonies or a combination thereof, he shall be confined in jail not less than thirty days nor more than twelve months; and for a third, or any subsequent offense, he shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1980, c. 174; Acts 1987, c. 178; Acts 1994, c. 706.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-104.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-104.1. Liability upon conviction under § 18.2-103
Any person who has been convicted of violating the provisions of § 18.2-103 shall be civilly liable to the owner for the retail value of any goods and merchandise illegally converted and not recovered by the owner, and for all costs incurred in prosecuting such person under the provisions of § 18.2-103. Such costs shall be limited to actual expenses, including the base wage of one employee acting as a witness for the Commonwealth and suit costs. Provided, however, the total amount of allowable costs granted hereunder shall not exceed $250, excluding the retail value of the goods and merchandise.
CREDIT(S)
Acts 1976, c. 577.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-105
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-105. Repealed by Acts 2004, c. 462
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-105.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-105.1. Detention of suspected shoplifter
A merchant, agent or employee of the merchant, who has probable cause to believe that a person has shoplifted in violation of § 18.2-95 or § 18.2-96 or § 18.2-103, on the premises of the merchant, may detain such person for a period not to exceed one hour pending arrival of a law-enforcement officer.
CREDIT(S)
Acts 1976, c. 515.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-105.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-105.2. Manufacture, sale, etc., of devices to shield against electronic detection of shoplifting prohibited; penalty
It shall be unlawful to manufacture, sell, offer for sale, distribute or possess any specially coated or laminated bag or other device primarily designed and intended to shield shoplifted merchandise from detection by an anti-theft electronic alarm sensor, with the intention that the same be used to aid in the shoplifting of merchandise. A violation of this section shall be punishable as a Class 1 misdemeanor.
CREDIT(S)
Acts 1984, c. 386; Acts 2003, c. 831.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-106
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-106. “Agents of the merchant” defined
As used in this article “agents of the merchant” shall include attendants at any parking lot owned or leased by the merchant, or generally used by customers of the merchant through any contract or agreement between the owner of the parking lot and the merchant.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-107
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-107. Theft or destruction of public records by others than officers
If any person steal or fraudulently secrete or destroy a public record or part thereof, including a microphotographic copy thereof, he shall, if the offense be not embraced by § 18.2-472 be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1977, c. 107.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-108
Effective: July 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-108. Receiving, etc., stolen goods
A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender is not convicted.
B. If any person buys or receives any goods or other thing, used in the course of a criminal investigation by law enforcement that such person believes to have been stolen, he shall be deemed guilty of larceny thereof.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2008, c. 578.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-108.01
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-108.01. Larceny with intent to sell or distribute; sale of stolen property; penalty
A. Any person who commits larceny of property with a value of $200 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in a state correctional facility for not less than two years nor more than 20 years. The larceny of more than one item of the same product is prima facie evidence of intent to sell or intent to distribute for sale.
B. Any person who sells, attempts to sell or possesses with intent to sell or distribute any stolen property with an aggregate value of $200 or more where he knew or should have known that the property was stolen is guilty of a Class 5 felony.
C. A violation of this section constitutes a separate and distinct offense.
CREDIT(S)
Acts 2003, c. 831.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-108.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-108.1. Receipt of stolen firearm
Notwithstanding the provisions of § 18.2-108, any person who buys or receives a firearm from another person or aids in concealing a firearm, knowing that the firearm was stolen, shall be guilty of a Class 6 felony and may be proceeded against although the principal offender is not convicted.
CREDIT(S)
Acts 1998, c. 821.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-109
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-109. Receipt or transfer of possession of stolen vehicle, aircraft or boat
Any person who, with intent to procure or pass title to a vehicle, aircraft, boat or vessel, which he knows or has reason to believe has been stolen, shall receive or transfer possession of the same from one to another or who shall with like intent have in his possession any vehicle, aircraft, boat or vessel which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as an officer, shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-110
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 3. Larceny and Receiving Stolen Goods (Refs & Annos)
§ 18.2-110. Repealed by Acts 2004, c. 995
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 5, Art. 4, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 5. Crimes Against Property
Article 4. Embezzlement and Fraudulent Conversions
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-111
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-111. Embezzlement deemed larceny; indictment
If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another or for his employer, principal or bailor, or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another or by any court, corporation or company, he shall be guilty of embezzlement. Proof of embezzlement shall be sufficient to sustain the charge of larceny. Any person convicted hereunder shall be deemed guilty of larceny and may be indicted as for larceny and upon conviction shall be punished as provided in § 18.2-95 or § 18.2-96.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1979, c. 349; Acts 1994, c. 555; Acts 2003, c. 733.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-111.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-111.1. Repealed by Acts 2004, c. 459
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-111.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-111.2. Failure to pay withheld child support; embezzlement
If any employer withholds money from the pay of his employee for the purpose of paying administrative or court-ordered child support on behalf of the employee and then wrongfully and fraudulently fails to make payment of the money withheld, the employer shall be guilty of embezzlement.
CREDIT(S)
Acts 1977, c. 328; Acts 1999, c. 56.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-112
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-112. Embezzlement by officers, etc., of public or other funds; default in paying over funds evidence of guilt
If any officer, agent or employee of the Commonwealth or of any city, town, county, or any other political subdivision, or the deputy of any such officer having custody of public funds, or other funds coming into his custody under his official capacity, knowingly misuse or misappropriate the same or knowingly dispose thereof otherwise than in accordance with law, he shall be guilty of a Class 4 felony; and any default of such officer, agent, employee or deputy in paying over any such funds to the proper authorities when required by law to do so shall be deemed prima facie evidence of his guilt.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1979, c. 585.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-112.1
Effective: July 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-112.1. Misuse of public assets; penalty
A. For purposes of this section, “public assets” means personal property belonging to or paid for by the Commonwealth, or any city, town, county, or any other political subdivision, or the labor of any person other than the accused that is paid for by the Commonwealth, or any city, town, county, or any other political subdivision.
B. Any full-time officer, agent, or employee of the Commonwealth, or of any city, town, county, or any other political subdivision who, without lawful authorization, uses or permits the use of public assets for private or personal purposes unrelated to the duties and office of the accused or any other legitimate government interest when the value of such use exceeds $1,000 in any 12-month period, is guilty of a Class 4 felony.
CREDIT(S)
Acts 2008, c. 738; Acts 2008, c. 755.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-113
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-113. Fraudulent entries, etc., in accounts by officers or clerks of financial institutions, joint stock companies or corporations; penalty
If any officer or clerk of any financial institution, joint stock company or corporation makes, alters or omits to make any entry in any account kept in or by such financial institution, company or corporation, with intent, in so doing, to conceal the true state of such account, or to defraud such financial institution, company or corporation, or to enable or assist any person to obtain money to which he was not entitled, such officer or clerk shall be guilty of a Class 4 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1996, c. 77; Acts 2003, c. 740.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-114
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-114. Repealed by Acts 2004, c. 459
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-114.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-114.1. When collection of money by commissioner, etc., larceny
If any special commissioner or receiver, appointed by any court to collect money, and required by law, or decree of the court, to give bond before collecting the same, shall collect such money, or any part thereof, without giving such bond, and fail properly to account for the same, he shall be deemed guilty of larceny of the money so collected and not so accounted for.
CREDIT(S)
Acts 1978, c. 718.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-115
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-115. Fraudulent conversion or removal of property subject to lien or title to which is in another
Whenever any person is in possession of any personal property, including motor vehicles or farm products, in any capacity, the title or ownership of which he has agreed in writing shall be or remain in another, or on which he has given a lien, and such person so in possession shall fraudulently sell, pledge, pawn or remove such property from the premises where it has been agreed that it shall remain, and refuse to disclose the location thereof, or otherwise dispose of the property or fraudulently remove the same from the Commonwealth, without the written consent of the owner or lienor or the person in whom the title is, or, if such writing be a deed of trust, without the written consent of the trustee or beneficiary in such deed of trust, he shall be deemed guilty of the larceny thereof.
In any prosecution hereunder, the fact that such person after demand therefor by the lienholder or person in whom the title or ownership of the property is, or his agent, shall fail or refuse to disclose to such claimant or his agent the location of the property, or to surrender the same, shall be prima facie evidence of the violation of the provisions of this section. In the case of farm products, failure to pay the proceeds of the sale of the farm products to the secured party, lienholder or person in whom the title or ownership of the property is, or his agent, within ten days after the sale or other disposition of the farm products unless otherwise agreed by the lender and borrower in the obligation of indebtedness, note or other evidence of the debt shall be prima facie evidence of a violation of the provisions of this section. The venue of prosecutions against persons fraudulently removing any such property, including motor vehicles, from the Commonwealth shall be the county or city in which such property or motor vehicle was purchased or in which the accused last had a legal residence.
This section shall not be construed to interfere with the rights of any innocent third party purchasing such property, unless such writing shall be docketed or recorded as provided by law.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1986, c. 484.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-115.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-115.1. Unlawful sublease of a motor vehicle; penalty
A. It shall be unlawful for any person, for profit in the course of business, who is not a party to a lease contract, conditional sales contract, or security agreement which transfers any right or interest in a motor vehicle, knowing that the motor vehicle is subject to a lease, security interest or lien, to:
1. Obtain or exercise control over a motor vehicle and sell, transfer, assign, or lease the motor vehicle to another person without the prior written authorization of the secured creditor, lessor, or lienholder if he receives compensation or other consideration for the sale, transfer, assignment, or lease of the motor vehicle; or
2. Assist, cause, or arrange the actual or purported sale, transfer, assignment, or lease of a motor vehicle to another person without the prior written authorization of the secured creditor, lessor, or lienholder if he receives compensation or other consideration for assisting, causing, or arranging the sale, transfer, assignment, or lease of the motor vehicle.
B. A violation of this section is punishable as a Class 3 misdemeanor.
C. This section shall not apply to any employee acting upon request of his employer.
D. This section shall not apply if the entire indebtedness owed under or secured by the lease, conditional sales contract, or security agreement through the date of payment is paid in full and received by the lessor or secured party within thirty days after the sale, transfer, assignment, or lease of the motor vehicle.
CREDIT(S)
Acts 1990, c. 844; Acts 1993, c. 608.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-116
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-116. Failure to pay for or return goods delivered for selection or approval
If any person shall solicit and obtain from any merchant any goods, wares or merchandise for examination or approval, and shall thereafter, upon written demand, refuse or fail to return the same to such merchant in unused condition, or to pay for the same, such person so offending shall be deemed guilty of the larceny thereof. But the provisions of this section shall not apply unless such written demand be made within five days after delivery, and unless the goods, wares or merchandise shall have attached to them or to the package in which they are contained a label, card or tag containing the words, “Delivered for selection or approval.”
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-117
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-117. Failure of bailee to return animal, aircraft, vehicle or boat
If any person comes into the possession as bailee of any animal, aircraft, vehicle, boat or vessel, and fail to return the same to the bailor, in accordance with the bailment agreement, he shall be deemed guilty of larceny thereof and receive the same punishment, according to the value of the thing stolen, prescribed for the punishment of the larceny of goods and chattels. The failure to return to the bailor such animal, aircraft, vehicle, boat or vessel, within five days from the time the bailee has agreed in writing to return the same shall be prima facie evidence of larceny by such bailee of such animal, aircraft, vehicle, boat or vessel.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-118
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 4. Embezzlement and Fraudulent Conversions (Refs & Annos)
§ 18.2-118. Fraudulent conversion or removal of leased personal property
(a) Whenever any person is in possession or control of any personal property, by virtue of or subject to a written lease of such property, except property described in § 18.2-117, and such person so in possession or control shall, with intent to defraud, sell, secrete, or destroy the property, or dispose of the property for his own use, or fraudulently remove the same from the Commonwealth without the written consent of the lessor thereof, or fail to return such property to the lessor thereof within ten days after expiration of the lease or rental period for such property stated in such written lease, he shall be deemed guilty of the larceny thereof.
(b) The fact that such person signs the lease or rental agreement with a name other than his own, or fails to return such property to the lessor thereof within ten days after the giving of written notice to such person that the lease or rental period for such property has expired, shall be prima facie evidence of intent to defraud. For purposes of this section, notice mailed by certified mail and addressed to such person at the address of the lessee stated in the lease, shall be sufficient giving of written notice under this section.
(c) The venue of prosecution under this section shall be the county or city in which such property was leased or in which such accused person last had a legal residence.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1978, c. 675.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 5, Art. 5, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 5. Crimes Against Property
Article 5. Trespass to Realty
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-119
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-119. Trespass after having been forbidden to do so; penalties
If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or the agent of any such person, or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by or at the direction of such persons or the agent of any such person or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1982, c. 169; Acts 1987, c. 625; Acts 1987, c. 705; Acts 1991, c. 534; Acts 1998, c. 569; Acts 1998, c. 684; Acts 2011, c. 195.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-119.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-119.1. Validity of signs forbidding trespass; penalty
If any person knowingly and intentionally posts No Trespassing signs on the land of another without the permission of a person authorized to post such signs on that land, he shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1999, c. 274.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-120
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-120. Instigating, etc., such trespass by others; preventing service to persons not forbidden to trespass
If any person shall solicit, urge, encourage, exhort, instigate or procure another or others to go upon or remain upon the lands, buildings, or premises of another, or any part, portion or area thereof, knowing such other person or persons to have been forbidden, either orally or in writing, to do so by the owner, lessee, custodian or other person lawfully in charge thereof, or knowing such other person or persons to have been forbidden to do so by a sign or signs posted on such lands, buildings, premises or part, portion or area thereof at a place or places where it or they may reasonably be seen; or if any person shall, on such lands, buildings, premises or part, portion or area thereof prevent or seek to prevent the owner, lessee, custodian, person in charge or any of his employees from rendering service to any person or persons not so forbidden, he shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-121
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-121. Entering property of another for purpose of damaging it, etc.
It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to use such property free from interference.
Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. However, if a person intentionally selects the property entered because of the race, religious conviction, color or national origin of the owner, user or occupant of the property, the person shall be guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1994, c. 658; Acts 1997, c. 833; Acts 2004, c. 461.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-121.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-121.1. Permitting certain animals to run at large
The owner or manager of any animal mentioned in § 55-316, who shall knowingly permit such animal to run at large in any county or portion thereof, under quarantine, shall be deemed to be guilty of a Class 4 misdemeanor.
CREDIT(S)
Acts 1977, c. 624.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-121.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-121.2. Trespass by spotlight on agricultural land
If any person shall willfully use a spotlight or similar lighting apparatus to cast a light upon private property used for livestock or crops without the written permission of the person in legal possession of such property, he shall be guilty of a Class 3 misdemeanor.
The prohibition of this section shall not apply to light cast by (i) permanently installed outdoor lighting fixtures, (ii) headlamps on vehicles moving in normal travel on public or private roads, (iii) railroad locomotives or rolling stock being operated on the tracks or right-of-way of a railroad company, (iv) aircraft or watercraft, (v) apparatus used by employees of any public utility in maintaining the utility's lines and equipment, (vi) apparatus used by members of rescue squads or fire departments in the performance of their official duties, (vii) apparatus used by any law-enforcement officer in the performance of his official duties, or (viii) farm machinery or motor vehicles being used in normal farming operations.
CREDIT(S)
Acts 1981, c. 460.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-122
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-122. Repealed by Acts 1998, c. 6
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-123
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-123. Repealed by Acts 2004, c. 459
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-124
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-124. Jurisdiction over offenses committed in Capitol Square
The Circuit Court of the City of Richmond shall have jurisdiction to try cases of offenses committed in Capitol Square except as hereinafter provided. The district court of the City of Richmond shall have jurisdiction to try misdemeanor cases arising under § 18.2-122, and all other offenses committed in the Capitol Square of which it would have jurisdiction if committed within the corporate limits and jurisdiction of the city; and the Capitol Police, or any member thereof, shall have the same authority to arrest and to swear out warrants for offenses committed on the Capitol Square as policemen of the City of Richmond have to arrest or to swear out warrants for offenses committed within the jurisdiction of the city.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2004, c. 459.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-125
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-125. Trespass at night upon any cemetery
If any person, without the consent of the owner, proprietor or custodian, go or enter in the nighttime, upon the premises, property, driveways or walks of any cemetery, either public or private, for any purpose other than to visit the burial lot or grave of some member of his family, he shall be guilty of a Class 4 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-126
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-126. Violation of sepulture; defilement of a dead human body; penalties
A. If a person unlawfully disinters or displaces a dead human body, or any part of a dead human body which has been deposited in any vault, grave or other burial place, he is guilty of a Class 4 felony.
B. If a person willfully and intentionally physically defiles a dead human body he is guilty of a Class 6 felony. For the purposes of this section, the term “defile” shall not include any autopsy or the recovery of organs or tissues for transplantation, or any other lawful purpose.
CREDIT(S)
Acts 1995, c. 306.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-127
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-127. Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty
A. Any person who willfully or maliciously commits any of the following acts is guilty of a Class 1 misdemeanor:
1. Destroys, removes, cuts, breaks, or injures any tree, shrub, or plant on any church property or within any cemetery or lot of any memorial or monumental association;
2. Destroys, mutilates, injures, or removes and carries away any flowers, wreaths, vases, or other ornaments placed within any church or on church property, or placed upon or around any grave, tomb, monument, or lot in any cemetery, graveyard, or other place of burial; or
3. Obstructs proper ingress to and egress from any church or any cemetery or lot belonging to any memorial or monumental association.
B. Any person who willfully or maliciously destroys, mutilates, defaces, injures, or removes any object or structure permanently attached or affixed within any church or on church property, any tomb, monument, gravestone, or other structure placed within any cemetery, graveyard, or place of burial, or within any lot belonging to any memorial or monumental association, or any fence, railing, or other work for the protection or ornament of any tomb, monument, gravestone, or other structure aforesaid, or of any cemetery lot within any cemetery is guilty of a Class 6 felony. A person convicted under this section who is required to pay restitution by the court shall be required to pay restitution to the church, if the property damaged is property of the church, or to the owner of a cemetery, if the property damaged is located within such cemetery regardless of whether the property damaged is owned by the cemetery or by another person.
C. This section shall not apply to any work which is done by the authorities of a church or congregation in the maintenance or improvement of any church property or any burial ground or cemetery belonging to it and under its management or control and which does not injure or result in the removal of a tomb, monument, gravestone, grave marker or vault. For purposes of this section, “church” shall mean any place of worship, and “church property” shall mean any educational building or community center owned or rented by a church.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1982, c. 561; Acts 1983, c. 579; Acts 1990, c. 510; Acts 2004, c. 203.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-128
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-128. Trespass upon church or school property
A. Any person who, without the consent of some person authorized to give such consent, goes or enters upon, in the nighttime, the premises or property of any church or upon any school property for any purpose other than to attend a meeting or service held or conducted in such church or school property, shall be guilty of a Class 3 misdemeanor.
B. It shall be unlawful for any person, whether or not a church member or student, to enter upon or remain upon any church or school property in violation of (i) any direction to vacate the property by a person authorized to give such direction or (ii) any posted notice which contains such information, posted at a place where it reasonably may be seen. Each time such person enters upon or remains on the posted premises or after such direction that person refuses to vacate such property, it shall constitute a separate offense.
A violation of this subsection shall be punishable as a Class 1 misdemeanor, except that any person, other than a parent, who violates this subsection on school property with the intent to abduct a student shall be guilty of a Class 6 felony.
C. For purposes of this section: (i) “school property” includes a school bus as defined in § 46.2-100 and (ii) “church” means any place of worship and includes any educational building or community center owned or leased by a church.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1988, c. 497; Acts 1993, c. 961; Acts 1994, c. 326; Acts 1995, c. 493; Acts 1995, c. 642; Acts 1997, c. 779.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-129
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-129. Repealed by Acts 1989, c. 680
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-130
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-130. Peeping or spying into dwelling or enclosure
A. It shall be unlawful for any person to enter upon the property of another and secretly or furtively peep, spy or attempt to peep or spy into or through a window, door or other aperture of any building, structure, or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, structure or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same, without just cause, upon property owned by him and leased or rented to another under circumstances that would violate the occupant's reasonable expectation of privacy.
B. It shall be unlawful for any person to use a peephole or other aperture to secretly or furtively peep, spy or attempt to peep or spy into a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location or enclosure for the purpose of viewing any nonconsenting person who is totally nude, clad in undergarments, or in a state of undress exposing the genitals, pubic area, buttocks or female breast and the circumstances are such that the person would otherwise have a reasonable expectation of privacy.
C. The provisions of this section shall not apply to a lawful criminal investigation or a correctional official or local or regional jail official conducting surveillance for security purposes or during an investigation of alleged misconduct involving a person committed to the Department of Corrections or to a local or regional jail.
D. As used in this section, “peephole” means any hole, crack or other similar opening through which a person can see.
E. A violation of this section is a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1992, c. 520; Acts 1999, c. 351; Acts 2003, c. 81; Acts 2003, c. 87.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-131
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-131. Trespass upon licensed shooting preserve
It shall be unlawful for any person to trespass on a licensed shooting preserve. Any person convicted of such trespass shall be guilty of a Class 4 misdemeanor and shall be responsible for all damage. Owners or keepers of dogs trespassing on preserves shall be responsible for all damage done by such dogs.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-132
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-132. Trespass by hunters and fishers
Any person who goes on the lands, waters, ponds, boats or blinds of another to hunt, fish or trap without the consent of the landowner or his agent shall be deemed guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-133
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-133. Refusal of person on land, etc., of another to identify himself
Any person who goes on the lands, waters, ponds, boats or blinds of another to hunt, fish, or trap and willfully refuses to identify himself when requested by the landowner or his agent so to do shall be deemed guilty of a Class 4 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-134
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-134. Trespass on posted property
Any person who goes on the lands, waters, ponds, boats or blinds of another, which have been posted in accordance with the provisions of § 18.2-134.1, to hunt, fish or trap except with the written consent of or in the presence of the owner or his agent shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1987, c. 603.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-134.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-134.1. Method of posting lands
A. The owner or lessee of property described in § 18.2-134 may post property by (i) placing signs prohibiting hunting, fishing or trapping where they may reasonably be seen; or (ii) placing identifying paint marks on trees or posts at each road entrance and adjacent to public roadways and public waterways adjoining the property. Each paint mark shall be a vertical line of at least two inches in width and at least eight inches in length and the center of the mark shall be no less than three feet nor more than six feet from the ground or normal water surface. Such paint marks shall be readily visible to any person approaching the property.
B. The type and color of the paint to be used for posting shall be prescribed by the Department of Game and Inland Fisheries.
CREDIT(S)
Acts 1987, c. 603.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-135
Effective: July 1, 2010
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-135. Destruction of posted signs; posting land of another
Any person who shall mutilate, destroy or take down any “posted,” “no hunting” or similar sign or poster on the lands or waters of another, or who shall post such sign or poster on the lands or waters of another, without the consent of the landowner or his agent, shall be deemed guilty of a Class 3 misdemeanor and his hunting, fishing, and trapping license and privileges shall be revoked for a period of one to five years from the date of conviction.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2010, c. 183.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-136
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-136. Right of certain hunters to go on lands of another; carrying firearms or bows and arrows prohibited
Fox hunters and coon hunters, when the chase begins on other lands, may follow their dogs on prohibited lands, and hunters of all other game, when the chase begins on other lands, may go upon prohibited lands to retrieve their dogs, falcons, hawks, or owls but may not carry firearms or bows and arrows on their persons or hunt any game while thereon. The use of vehicles to retrieve dogs, falcons, hawks, or owls on prohibited lands shall be allowed only with the permission of the landowner or his agent. Any person who goes on prohibited lands to retrieve his dogs, falcons, hawks, or owls pursuant to this section and who willfully refuses to identify himself when requested by the landowner or his agent to do so is guilty of a Class 4 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1988, c. 593; Acts 1991, c. 317; Acts 1991, c. 327; Acts 2007, c. 145; Acts 2007, c. 658; Acts 2011, c. 191.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-136.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 5. Trespass to Realty (Refs & Annos)
§ 18.2-136.1. Enforcement of §§ 18.2-131 through 18.2-135
Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of §§ 18.2-131, 18.2-132, 18.2-133, 18.2-134 and 18.2-135.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 5, Art. 6, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 5. Crimes Against Property
Article 6. Damage to Realty and Personalty Thereon
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-137
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 6. Damage to Realty and Personalty Thereon (Refs & Annos)
§ 18.2-137. Injuring, etc., any property, monument, etc.
A. If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages or removes without the intent to steal, any monument or memorial for war veterans described in § 15.2-1812, any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of any city, town, tract of land, or any tree marked for that purpose, he shall be guilty of a Class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the locality or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury.
B. If any person intentionally causes such injury, he shall be guilty of (i) a Class 1 misdemeanor if the value of or damage to the property, memorial or monument is less than $1,000 or (ii) a Class 6 felony if the value of or damage to the property, memorial or monument is $1,000 or more. The amount of loss caused by the destruction, defacing, damage or removal of such property, memorial or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1975, c. 598; Acts 1990, c. 933; Acts 1999, c. 625.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-138
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 6. Damage to Realty and Personalty Thereon (Refs & Annos)
§ 18.2-138. Damaging public buildings, etc.; penalty
Any person who willfully and maliciously (i) breaks any window or door of the Capitol, any courthouse, house of public worship, college, school house, city or town hall, or other public building or library, (ii) damages or defaces the Capitol or any other public building or any statuary in the Capitol, on the Capitol Square, or in or on any other public buildings or public grounds, or (iii) destroys any property in any of such buildings shall be guilty of a Class 6 felony if damage to the property is $1,000 or more or a Class 1 misdemeanor if the damage is less than $1,000.
Any person who willfully and unlawfully damages or defaces any book, newspaper, magazine, pamphlet, map, picture, manuscript, or other property located in any library, reading room, museum, or other educational institution shall be guilty of a Class 6 felony if damage to the property is $1,000 or more or a Class 1 misdemeanor if the damage is less than $1,000.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1990, c. 454.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-138.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 6. Damage to Realty and Personalty Thereon (Refs & Annos)
§ 18.2-138.1. Repealed by Acts 2004, c. 462
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-139
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 6. Damage to Realty and Personalty Thereon (Refs & Annos)
§ 18.2-139. Injuries to trees, fences or herbage on grounds of Capitol, or in any public square
If any person:
(1) Cut down, pull up, girdle or otherwise injure or destroy any tree growing in the grounds of the Capitol, or in any public square or grounds, without the consent of the Governor, or of the circuit court of the county or city in which such grounds or square is situated; or
(2) Willfully and maliciously injure the fences or herbage of the Capitol grounds, or of any such square or grounds,
he shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-140
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 6. Damage to Realty and Personalty Thereon (Refs & Annos)
§ 18.2-140. Destruction of trees, shrubs, etc.
It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, or upon any land reserved, set aside or maintained by the Commonwealth as a public park, or as a refuge or sanctuary for wild animals, birds or fish, or upon any land reserved, set aside or maintained as a public park by a park authority created under the provisions of § 15.2-5702, without having previously obtained the permission in writing of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same be done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary.
Any person violating this section shall be guilty of a Class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 757; Acts 1998, c. 81.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-141
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 6. Damage to Realty and Personalty Thereon (Refs & Annos)
§ 18.2-141. Cutting or destroying trees; carrying axe, saw, etc., while hunting
It shall be unlawful for any person while hunting for game or wildlife on the property of another to carry any axe other than a belt axe with a handle less than twenty inches, saw or other tool or instrument customarily used for the purpose of cutting, felling, mutilating or destroying trees without obtaining prior permission of the landowner. Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.
Conservation police officers, sheriffs and all law-enforcement officers shall enforce the provisions of this section.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-142
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 6. Damage to Realty and Personalty Thereon (Refs & Annos)
§ 18.2-142. Repealed by Acts 1979, c. 252
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-143
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 6. Damage to Realty and Personalty Thereon (Refs & Annos)
§ 18.2-143. Pulling down fences or leaving open gates
If any person, without permission of the owner, pull down the fence of another and leave the same down, or, without permission, open and leave open the gate of another, or any gate across a public road established by order of court, or if any person other than the owner or owners of the lands through which a line of railroad runs open and leave open a gate at any public or private crossing of the right-of-way of a railroad, he shall be guilty of a Class 4 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 5, Art. 7, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 5. Crimes Against Property
Article 7. Damage to and Tampering with Property
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-144
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-144. Maiming, killing or poisoning animals, fowl, etc.
Except as otherwise provided for by law, if any person maliciously shoot, stab, wound or otherwise cause bodily injury to, or administer poison to or expose poison with intent that it be taken by, any horse, mule, pony, cattle, swine or other livestock of another, with intent to maim, disfigure, disable or kill the same, or if he do any of the foregoing acts to any animal of his own with intent to defraud any insurer thereof, he shall be guilty of a Class 5 felony. If any person do any of the foregoing acts to any fowl or to any companion animal with any of the aforesaid intents, he shall be guilty of a Class 1 misdemeanor, except that any second or subsequent offense shall be a Class 6 felony if the current offense or any previous offense resulted in the death of an animal or the euthanasia of an animal based on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, and such condition was a direct result of a violation of this section.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1977, c. 598; Acts 1978, c. 559; Acts 1999, c. 620.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-144.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-144.1. Prohibition against killing or injuring police animals; penalty
It shall be unlawful for any person to maliciously shoot, stab, wound or otherwise cause bodily injury to, or administer poison to or expose poison with intent that it be taken by a dog, horse or other animal owned, used or trained by a law-enforcement agency, regional jail or the Department of Corrections while such animal is performing his lawful duties or is being kept in a kennel, pen or stable while off duty. A violation of this section shall be punishable as a Class 5 felony. The court shall order that the defendant pay restitution for the cost of any animal killed or rendered unable to perform its duties. Such cost shall include training expenses.
CREDIT(S)
Acts 1989, c. 558; Acts 1998, c. 8.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-144.2
Effective: October 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-144.2. Prohibition against making a false representation of ownership of an animal to an animal shelter or pound; penalty
A. It shall be unlawful for any person to deliver or release any animal not owned by that person to a pound, animal shelter or humane society, as these terms are defined in § 3.2-6500, or to any other similar facility for animals, or any agent thereof, and to falsely represent to such facility or agent that such person is the owner of the animal.
B. A violation of subsection A shall be punished as a Class 1 misdemeanor.
C. No pound, animal shelter, humane society or other similar facility for animals, or the directors or employees of any such business or facility, shall, in the absence of gross negligence, be civilly liable for accepting and disposing of any animal in good faith from a person who falsely claims to be the owner of the animal.
CREDIT(S)
Acts 1994, c. 885.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-145
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-145. Protection of homing pigeons
It shall be unlawful for any person at any time or in any manner to hunt, pursue, take, capture, wound, maim, disfigure, or kill any homing pigeon of another person, or to make use of any pit or pitfall, scaffold, cage, snare, trap, net, baited hook or similar device or drug, poison chemical or explosive, for the purpose of injuring, capturing or killing any such homing pigeon, provided that any officer, employee or agent of a city or county acting pursuant to authority of an ordinance thereof may take, capture and kill pigeons in, on and about any building or structure devoted to business, commercial or industrial purposes when any pigeons are using such premises for roosting, resting or congregating thereon; all pigeons taken upon such premises shall be conclusively deemed not to be homing pigeons or the property of any person.
Any person violating any of the foregoing provisions shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-145.1
Effective: October 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-145.1. Damaging or destroying research farm product; penalty; restitution
A. Any person or entity that (i) maliciously damages or destroys any farm product, as defined in § 3.2-4709 and (ii) knows the product is grown for testing or research purposes in the context of product development in conjunction or coordination with a private research facility or a university or any federal, state or local government agency is guilty of a Class 1 misdemeanor if the value of the farm product was less than $200, or a Class 6 felony if the value of the farm product was $200 or more.
B. The court shall order the defendant to make restitution in accordance with § 19.2-305.1 for the damage or destruction caused. For the purpose of awarding restitution under this section, the court shall determine the market value of the farm product prior to its damage or destruction and, in so doing, shall include the cost of: (i) production, (ii) research, (iii) testing, (iv) replacement and (v) product development directly related to the product damaged or destroyed.
CREDIT(S)
Acts 2001, c. 547; Acts 2001, c. 572.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-146
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-146. Breaking, injuring, defacing, destroying or preventing the operation of vehicle, aircraft or boat
Any person who shall individually or in association with one or more others willfully break, injure, tamper with or remove any part or parts of any vehicle, aircraft, boat or vessel for the purpose of injuring, defacing or destroying said vehicle, aircraft, boat or vessel, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vehicle, aircraft, boat or vessel, or who shall in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, aircraft, boat or vessel, shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-147
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-147. Entering or setting in motion, vehicle, aircraft, boat, locomotive or rolling stock of railroad; exceptions
Any person who shall, without the consent of the owner or person in charge of a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, climb into or upon such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with intent to commit any crime, malicious mischief, or injury thereto, or who, while a vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad is at rest and unattended, shall attempt to manipulate any of the levers and starting crank or other device, brakes or mechanism thereof or to set into motion such vehicle, aircraft, boat, vessel, locomotive or other rolling stock of a railroad, with the intent to commit any crime, malicious mischief, or injury thereto, shall be guilty of a Class 1 misdemeanor, except that the foregoing provision shall not apply when any such act is done in an emergency or in furtherance of public safety or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-147.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-147.1. Breaking and entering into railroad cars, motortrucks, aircraft, etc., or pipeline systems
Any person who breaks the seal or lock of any railroad car, vessel, aircraft, motortruck, wagon or other vehicle or of any pipeline system, containing shipments of freight or express or other property, or breaks and enters any such vehicle or pipeline system with the intent to commit larceny or any felony therein shall be guilty of a Class 4 felony; provided, however, that if such person is armed with a firearm at the time of such breaking and entering, he shall be guilty of a Class 3 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1979, c. 336.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-147.2
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-147.2. Devices for puncturing motor vehicle tires
It shall be unlawful for any person to manufacture, distribute, have in his possession or place upon any highway or private property jackrocks which are primarily designed for the purpose of disabling motor vehicles by the puncturing of tires by anyone other than a law-enforcement officer. Any person convicted of unlawful manufacture, distribution, possession or use of such device shall be guilty of a Class 1 misdemeanor. A law-enforcement officer who is lawfully engaged in the discharge of his duties shall not be subject to the provisions of this section.
CREDIT(S)
Acts 1975, c. 14; Acts 1982, c. 253; Acts 2007, c. 437.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-148
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-148. Bona fide repossession under lien
The provisions of §§ 18.2-102, 18.2-146 and 18.2-147 shall not apply to a bona fide repossession of a vehicle, aircraft, boat or vessel by the holder of a lien on such vehicle, aircraft, boat or vessel, or by the agents or employees of such lienholder.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-149
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-149. Injury to hired animal, aircraft, vehicle or boat
If any person after having rented or leased from any other person an animal, aircraft, vehicle, boat or vessel shall willfully injure or damage the same, by hard or reckless driving or using, or by using the same in violation of any statute of this Commonwealth, or allow or permit any other person so to do, or hire the same to any other person without the consent of the bailor, such person shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-150
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-150. Willfully destroying vessel, etc.
If any person willfully scuttle, cast away or otherwise dispose of, or in any manner destroy, except as otherwise provided, a ship, vessel or other watercraft, with intent to injure or defraud any owner thereof or of any property on board the same, or any insurer of such ship, vessel or other watercraft, or any part thereof, or of any such property on board the same, if the same be of the value of $200, he shall be guilty of a Class 4 felony, but if it be of less value than $200, he shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1981, c. 197.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-151
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-151. Opening or carrying away pumps, etc., used for dispensing gasoline, etc.
If any person, with intent to commit larceny therefrom, break and open, or open, or carry away, any pump, tank, or other similar equipment or container used for dispensing or storing kerosene, gasoline or motor oils, he shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7. Damage to and Tampering with Property (Refs & Annos)
§ 18.2-152. Stealing from or tampering with parking meter, vending machine, pay telephone, etc.
Any person who enters, forces or attempts to force an entrance into, tampers with, or inserts any part of an instrument into any parking meter, vending machine, pay telephone, money changing machine, or any other device designed to receive money, with intent to steal therefrom, shall for the first conviction thereof be guilty of a Class 1 misdemeanor, and for any subsequent conviction of a violation thereof shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 5, Art. 7.1, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 5. Crimes Against Property
Article 7.1. Computer Crimes
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.1. Short title
This article shall be known and may be cited as the “Virginia Computer Crimes Act.”
CREDIT(S)
Acts 1984, c. 751.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.2
Effective: July 1, 2010
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.2. Definitions; computer crimes
For purposes of this article:
“Commercial electronic mail” means electronic mail, the primary purpose of which is the advertisement or promotion of a commercial product or service.
“Computer” means a device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. Such term does not include simple calculators, automated typewriters, facsimile machines, or any other specialized computing devices that are preprogrammed to perform a narrow range of functions with minimal end-user or operator intervention and are dedicated to a specific task.
“Computer data” means any representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared and is intended to be processed, is being processed, or has been processed in a computer or computer network. “Computer data” may be in any form, whether readable only by a computer or only by a human or by either, including, but not limited to, computer printouts, magnetic storage media, punched cards, or stored internally in the memory of the computer.
“Computer network” means two or more computers connected by a network.
“Computer operation” means arithmetic, logical, monitoring, storage or retrieval functions and any combination thereof, and includes, but is not limited to, communication with, storage of data to, or retrieval of data from any device or human hand manipulation of electronic or magnetic impulses. A “computer operation” for a particular computer may also be any function for which that computer was generally designed.
“Computer program” means an ordered set of data representing coded instructions or statements that, when executed by a computer, causes the computer to perform one or more computer operations.
“Computer services” means computer time or services, including data processing services, Internet services, electronic mail services, electronic message services, or information or data stored in connection therewith.
“Computer software” means a set of computer programs, procedures and associated documentation concerned with computer data or with the operation of a computer, computer program, or computer network.
“Electronic mail service provider” (EMSP) means any person who (i) is an intermediary in sending or receiving electronic mail and (ii) provides to end-users of electronic mail services the ability to send or receive electronic mail.
“Financial instrument” includes, but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computerized representation thereof.
“Network” means any combination of digital transmission facilities and packet switches, routers, and similar equipment interconnected to enable the exchange of computer data.
“Owner” means an owner or lessee of a computer or a computer network or an owner, lessee, or licensee of computer data, computer programs or computer software.
“Person” shall include any individual, partnership, association, corporation or joint venture.
“Property” shall include:
1. Real property;
2. Computers and computer networks;
3. Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:
a. Tangible or intangible;
b. In a format readable by humans or by a computer;
c. In transit between computers or within a computer network or between any devices which comprise a computer; or
d. Located on any paper or in any device on which it is stored by a computer or by a human; and
4. Computer services.
“Spam” means unsolicited commercial electronic mail. Spam shall not include commercial electronic mail transmitted to a recipient with whom the sender has an existing business or personal relationship.
A person “uses” a computer or computer network when he attempts to cause or causes a computer or computer network to perform or to stop performing computer operations.
A person is “without authority” when he knows or reasonably should know that he has no right, agreement, or permission or acts in a manner knowingly exceeding such right, agreement, or permission.
CREDIT(S)
Acts 1984, c. 751; Acts 1999, c. 886; Acts 1999, c. 904; Acts 1999, c. 905; Acts 2000, c. 627; Acts 2003, c. 987; Acts 2003, c. 1016; Acts 2005, c. 761; Acts 2005, c. 812; Acts 2005, c. 827; Acts 2009, c. 321; Acts 2009, c. 376; Acts 2010, c. 489.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.3
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.3. Computer fraud; penalty
Any person who uses a computer or computer network, without authority and:
1. Obtains property or services by false pretenses;
2. Embezzles or commits larceny; or
3. Converts the property of another;
is guilty of the crime of computer fraud.
If the value of the property or services obtained is $200 or more, the crime of computer fraud shall be punishable as a Class 5 felony. Where the value of the property or services obtained is less than $200, the crime of computer fraud shall be punishable as a Class 1 misdemeanor.
CREDIT(S)
Acts 1985, c. 322; Acts 2003, c. 987; Acts 2003, c. 1016; Acts 2005, c. 747; Acts 2005, c. 761; Acts 2005, c. 827; Acts 2005, c. 837.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.3:1
Effective: July 1, 2010
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.3:1. Transmission of unsolicited commercial electronic mail (spam); penalty
A. Any person who:
1. Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of spam through or into the computer network of an electronic mail service provider or its subscribers; or
2. Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that (i) is primarily designed or produced for the purpose of facilitating or enabling the falsification of the transmission information or other routing information of spam; (ii) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of the transmission information or other routing information of spam; or (iii) is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of the transmission information or other routing information of spam is guilty of a Class 1 misdemeanor.
B. Any person who commits a violation of subdivision A 1 when (i) the volume of spam transmitted exceeded 10,000 attempted recipients in any 24-hour time period, 100,000 attempted recipients in any 30-day time period, or one million attempted recipients in any one-year time period or (ii) revenue generated from a specific transmission of spam exceeded $1,000 or the total revenue generated from all spam transmitted to any EMSP exceeded $50,000, is guilty of a Class 6 felony.
C. Any person who knowingly hires, employs, uses, or permits any minor to assist in the transmission of spam in violation of subsection B is guilty of a Class 6 felony.
CREDIT(S)
Acts 2003, c. 987; Acts 2003, c. 1016; Acts 2010, c. 489.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.4
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.4. Computer trespass; penalty
A. It shall be unlawful for any person, with malicious intent, to:
1. Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs or computer software from a computer or computer network;
2. Cause a computer to malfunction, regardless of how long the malfunction persists;
3. Alter, disable, or erase any computer data, computer programs or computer software;
4. Effect the creation or alteration of a financial instrument or of an electronic transfer of funds;
5. Use a computer or computer network to cause physical injury to the property of another;
6. Use a computer or computer network to make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs or computer software residing in, communicated by, or produced by a computer or computer network;
7. Repealed.
8. Install or cause to be installed, or collect information through, computer software that records all or a majority of the keystrokes made on the computer of another without the computer owner's authorization; or
9. Install or cause to be installed on the computer of another, computer software for the purpose of (i) taking control of that computer so that it can cause damage to another computer or (ii) disabling or disrupting the ability of the computer to share or transmit instructions or data to other computers or to any related computer equipment or devices, including but not limited to printers, scanners, or fax machines.
B. Any person who violates this section is guilty of computer trespass, which shall be a Class 1 misdemeanor. If there is damage to the property of another valued at $1,000 or more caused by such person's act in violation of this section, the offense shall be a Class 6 felony. If a person installs or causes to be installed computer software in violation of this section on more than five computers of another, the offense shall be a Class 6 felony. If a person violates subdivision A 8, the offense shall be a Class 6 felony.
C. Nothing in this section shall be construed to interfere with or prohibit terms or conditions in a contract or license related to computers, computer data, computer networks, computer operations, computer programs, computer services, or computer software or to create any liability by reason of terms or conditions adopted by, or technical measures implemented by, a Virginia-based electronic mail service provider to prevent the transmission of unsolicited electronic mail in violation of this article. Nothing in this section shall be construed to prohibit the monitoring of computer usage of, the otherwise lawful copying of data of, or the denial of computer or Internet access to a minor by a parent or legal guardian of the minor.
CREDIT(S)
Acts 1984, c. 751; Acts 1985, c. 322; Acts 1990, c. 663; Acts 1998, c. 892; Acts 1999, c. 886; Acts 1999, c. 904; Acts 1999, c. 905; Acts 2002, c. 195; Acts 2003, c. 987; Acts 2003, c. 1016; Acts 2005, c. 761; Acts 2005, c. 812; Acts 2005, c. 827; Acts 2007, c. 483.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.5
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.5. Computer invasion of privacy; penalties
A. A person is guilty of the crime of computer invasion of privacy when he uses a computer or computer network and intentionally examines without authority any employment, salary, credit or any other financial or identifying information, as defined in clauses (iii) through (xiii) of subsection C of § 18.2-186.3, relating to any other person. “Examination” under this section requires the offender to review the information relating to any other person after the time at which the offender knows or should know that he is without authority to view the information displayed.
B. The crime of computer invasion of privacy shall be punishable as a Class 1 misdemeanor.
C. Any person who violates this section after having been previously convicted of a violation of this section or any substantially similar laws of any other state or of the United States is guilty of a Class 6 felony.
D. Any person who violates this section and sells or distributes such information to another is guilty of a Class 6 felony.
E. Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 6 felony.
F. This section shall not apply to any person collecting information that is reasonably needed to (i) protect the security of a computer, computer service, or computer business, or to facilitate diagnostics or repair in connection with such computer, computer service, or computer business or (ii) determine whether the computer user is licensed or authorized to use specific computer software or a specific computer service.
CREDIT(S)
Acts 1984, c. 751; Acts 1985, c. 398; Acts 2001, c. 358; Acts 2005, c. 747; Acts 2005, c. 761; Acts 2005, c. 827; Acts 2005, c. 837.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.5:1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.5:1. Using a computer to gather identifying information; penalties
A. It is unlawful for any person, other than a law-enforcement officer, as defined in § 9.1-101, and acting in the performance of his official duties, to use a computer to obtain, access, or record, through the use of material artifice, trickery or deception, any identifying information, as defined in clauses (iii) through (xiii) of subsection C of § 18.2-186.3. Any person who violates this section is guilty of a Class 6 felony.
B. Any person who violates this section and sells or distributes such information to another is guilty of a Class 5 felony.
C. Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 5 felony.
CREDIT(S)
Acts 2005, c. 747; Acts 2005, c. 760; Acts 2005, c. 761; Acts 2005, c. 827; Acts 2005, c. 837.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.6
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.6. Theft of computer services; penalties
Any person who willfully obtains computer services without authority is guilty of the crime of theft of computer services, which shall be punishable as a Class 1 misdemeanor. If the theft of computer services is valued at $2,500 or more, he is guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1985, c. 322; Acts 2003, c. 987; Acts 2003, c. 1016; Acts 2005, c. 746; Acts 2005, c. 761; Acts 2005, c. 827.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.7
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.7. Personal trespass by computer; penalty
A. A person is guilty of the crime of personal trespass by computer when he uses a computer or computer network to cause physical injury to an individual.
B. If committed maliciously, the crime of personal trespass by computer shall be punishable as a Class 3 felony. If such act is done unlawfully but not maliciously, the crime of personal trespass by computer shall be punishable as a Class 6 felony.
CREDIT(S)
Acts 1984, c. 751; Acts 1985, c. 322; Acts 2003, c. 987; Acts 2003, c. 1016; Acts 2005, c. 746; Acts 2005, c. 761; Acts 2005, c. 827.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.7:1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.7:1. Harassment by computer; penalty
If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 2000, c. 849.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.8
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.8. Property capable of embezzlement
For purposes of §§ 18.2-95, 18.2-96, 18.2-108, and 18.2-111, personal property subject to embezzlement, larceny, or receiving stolen goods shall include:
1. Computers and computer networks;
2. Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:
a. Tangible or intangible;
b. In a format readable by humans or by a computer;
c. In transit between computers or within a computer network or between any devices which comprise a computer; or
d. Located on any paper or in any device on which it is stored by a computer or by a human; and
3. Computer services.
CREDIT(S)
Acts 1984, c. 751; Acts 2005, c. 746; Acts 2005, c. 761; Acts 2005, c. 827.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.9
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§§ 18.2-152.9, 18.2-152.10. Repealed by Acts 2005, cc. 746, 761 and 827
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.10
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§§ 18.2-152.9, 18.2-152.10. Repealed by Acts 2005, cc. 746, 761 and 827
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.11
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.11. Article not exclusive
The provisions of this article shall not be construed to preclude the applicability of any other provision of the criminal law of this Commonwealth which presently applies or may in the future apply to any transaction or course of conduct which violates this article, unless such provision is clearly inconsistent with the terms of this article.
CREDIT(S)
Acts 1984, c. 751.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.12
Effective: July 1, 2010
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.12. Civil relief; damages
A. Any person whose property or person is injured by reason of a violation of any provision of this article or by any act of computer trespass set forth in subdivisions A 1 through A 8 of § 18.2-152.4 regardless of whether such act is committed with malicious intent may sue therefor and recover for any damages sustained and the costs of suit. Without limiting the generality of the term, “damages” shall include loss of profits.
B. If the injury under this article arises from the transmission of spam in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider where the defendant has knowledge of the authority or policies of the EMSP or where the authority or policies of the EMSP are available on the electronic mail service provider's website, the injured person, other than an electronic mail service provider, may also recover attorneys' fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $10 for each and every spam message transmitted in violation of this article, or $25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the spam over its computer network. Transmission of electronic mail from an organization to its members shall not be deemed to be spam.
C. If the injury under this article arises from the transmission of spam in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider where the defendant has knowledge of the authority or policies of the EMSP or where the authority or policies of the EMSP are available on the electronic mail service provider's website, an injured electronic mail service provider may also recover attorneys' fees and costs, and may elect, in lieu of actual damages, to recover $1 for each and every intended recipient of a spam message where the intended recipient is an end user of the EMSP or $25,000 for each day an attempt is made to transmit a spam message to an end user of the EMSP. In calculating the statutory damages under this provision, the court may adjust the amount awarded as necessary, but in doing so shall take into account the number of complaints to the EMSP generated by the defendant's messages, the defendant's degree of culpability, the defendant's prior history of such conduct, and the extent of economic gain resulting from the conduct. Transmission of electronic mail from an organization to its members shall not be deemed to be spam.
D. At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party and in such a way as to protect the privacy of nonparties who complain about violations of this section.
E. The provisions of this article shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
F. A civil action under this section must be commenced before expiration of the time period prescribed in § 8.01-40.1. In actions alleging injury arising from the transmission of spam, personal jurisdiction may be exercised pursuant to § 8.01-328.1.
CREDIT(S)
Acts 1984, c. 751; Acts 1985, c. 92; Acts 1999, c. 886; Acts 1999, c. 904; Acts 1999, c. 905; Acts 2003, c. 987; Acts 2003, c. 1016; Acts 2005, c. 746; Acts 2005, c. 761; Acts 2005, c. 827; Acts 2010, c. 489; Acts 2010, c. 529.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.13
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.13. Severability
If any provision or clause of this article or application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
CREDIT(S)
Acts 1984, c. 751.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.14
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.14. Computer as instrument of forgery
The creation, alteration, or deletion of any computer data contained in any computer or computer network, which if done on a tangible document or instrument would constitute forgery under Article 1 (§ 18.2-168 et seq.) of Chapter 6 of this Title, will also be deemed to be forgery. The absence of a tangible writing directly created or altered by the offender shall not be a defense to any crime set forth in Article 1 (§ 18.2-168 et seq.) of Chapter 6 of this Title if a creation, alteration, or deletion of computer data was involved in lieu of a tangible document or instrument.
CREDIT(S)
Acts 1984, c. 751; Acts 1985, c. 322.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.15
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.15. Encryption used in criminal activity
Any person who willfully uses encryption to further any criminal activity shall be guilty of an offense which is separate and distinct from the predicate criminal activity and punishable as a Class 1 misdemeanor.
“Encryption” means the enciphering of intelligible data into unintelligible form or the deciphering of unintelligible data into intelligible form.
CREDIT(S)
Acts 1999, c. 455.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.16
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.1. Computer Crimes (Refs & Annos)
§ 18.2-152.16. Repealed by Acts 2004, c. 995
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 5, Art. 7.2, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 5. Crimes Against Property
Article 7.2. Fraudulent Procurement, Sale, or Receipt of Telephone Records
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-152.17
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 7.2. Fraudulent Procurement, Sale, or Receipt of Telephone Records (Refs & Annos)
§ 18.2-152.17. Fraudulent procurement, sale, or receipt of telephone records
A. Whoever (i) knowingly procures, attempts to procure, solicits, or conspires with another to procure a telephone record by fraudulent means; (ii) knowingly sells, or attempts to sell, a telephone record without the authorization of the customer to whom the record pertains; or (iii) receives a telephone record knowing that such record has been obtained by fraudulent means is guilty of a Class 1 misdemeanor.
B. As used in this section:
“Procure” in regard to such a telephone record means to obtain by any means, whether electronically, in writing, or in oral form, with or without consideration.
“Telecommunications carrier” means any person that provides commercial telephone services to a customer, irrespective of the communications technology used to provide such service, including, but not limited to, traditional wireline or cable telephone service; cellular, broadband PCS, or other wireless telephone service; microwave, satellite, or other terrestrial telephone service; and voice over Internet telephone service.
“Telephone record” means information retained by a telecommunications carrier that relates to the telephone number dialed by the customer or the incoming number of a call directed to a customer, or other data related to such calls typically contained on a customer telephone bill such as the time the call started and ended, the duration of the call, the time of day the call was made, and any charges applied. For purposes of this section, any information collected and retained by customers utilizing Caller I.D., or other similar technology, does not constitute a telephone record.
C. Nothing in this section shall be construed to prevent any action by a law-enforcement agency, or any officer or employee of such agency, from obtaining telephone records in connection with the performance of the official duties of the agency.
D. Nothing in this section shall be construed to prohibit a telecommunications carrier from obtaining, using, disclosing, or permitting access to any telephone record, either directly or indirectly through its agents (i) in compliance with a subpoena or subpoena duces tecum or as otherwise authorized by law; (ii) with the lawful consent of the customer or subscriber; (iii) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, subscription to, such services; (iv) to a governmental entity, if the telecommunications carrier reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; or (v) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under the Victims of Child Abuse Act of 1990.
E. Venue for the trial of any person charged with an offense under this section may be in the locality in which:
1. Any act was performed in furtherance of any course of conduct in violation of this section;
2. The accused has his principal place of business in the Commonwealth;
3. Any accused had control or possession of any proceeds of the violation or of any books, records, documents, property, financial instrument, telephone record, or other material or objects that were used in furtherance of the violation;
4. From which, to which, or through which any access to a telecommunication carrier was made whether by wires, electromagnetic waves, microwaves, optics or any other means of communication; or
5. The accused resides, or resided at the time of the offense.
CREDIT(S)
Acts 2006, c. 469.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 5, Art. 8, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 5. Crimes Against Property
Article 8. Offenses Relating to Railroads and Other Utilities
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-153
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-153. Obstructing or injuring canal, railroad, power line, etc.
If any person maliciously obstruct, remove or injure any part of a canal, railroad or urban, suburban or interurban electric railway, or any lines of any electric power company, or any bridge or fixture thereof, or maliciously obstruct, tamper with, injure or remove any machinery, engine, car, trolley, supply or return wires or any other work thereof, or maliciously open, close, displace, tamper with or injure any switch, switch point, switch lever, signal lever or signal of any such company, whereby the life of any person on such canal, railroad, urban, suburban or interurban electric railway, is put in peril, he shall be guilty of a Class 4 felony; and, in the event of the death of any such person resulting from such malicious act, the person so offending shall be deemed guilty of murder, the degree to be determined by the jury or the court trying the case without a jury.
If any such act be committed unlawfully, but not maliciously, the person so offending shall be guilty of a Class 6 felony; and in the event of the death of any such person resulting from such unlawful act, the person so offending shall be deemed guilty of involuntary manslaughter.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-154
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-154. Shooting at or throwing missiles, etc., at train, car, vessel, etc.; penalty
Any person who maliciously shoots at, or maliciously throws any missile at or against, any train or cars on any railroad or other transportation company or any vessel or other watercraft, or any motor vehicle or other vehicles when occupied by one or more persons, whereby the life of any person on such train, car, vessel, or other watercraft, or in such motor vehicle or other vehicle, may be put in peril, is guilty of a Class 4 felony. In the event of the death of any such person, resulting from such malicious shooting or throwing, the person so offending is guilty of murder in the second degree. However, if the homicide is willful, deliberate and premeditated, he is guilty of murder in the first degree.
If any such act is committed unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony and, in the event of the death of any such person, resulting from such unlawful act, the person so offending is guilty of involuntary manslaughter.
If any person commits a violation of this section by maliciously or unlawfully shooting, with a firearm, at a conspicuously marked law-enforcement, fire or rescue squad vehicle, ambulance or any other emergency medical vehicle, the sentence imposed shall include a mandatory minimum term of imprisonment of one year.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1990, c. 426; Acts 2004, c. 461; Acts 2005, c. 143.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-155
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-155. Injuring, etc., signal used by railroad
If any person maliciously injure, destroy, molest, or remove any switchlamp, flag or other signal used by any railroad, or any line, wire, post, lamp or any other structure or mechanism used in connection with any signal on a railroad, or destroys or in any manner interferes with the proper working of any signal on a railroad, whereby the life of any person is or may be put in peril he shall be guilty of a Class 4 felony; and in the event of the death of such person resulting from such malicious injuring, destroying or removing, the person so offending shall be deemed guilty of murder, the degree to be determined by the jury or the court trying the case without a jury. If such act be done unlawfully but not maliciously the offender shall be guilty of a Class 1 misdemeanor, provided that in the event of the death of any such person resulting from such unlawful injuring, destroying or removing, the person so offending shall be deemed guilty of involuntary manslaughter.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-156
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-156. Taking or removing waste or packing from journal boxes
If any person shall willfully and maliciously take or remove the waste or packing from any journal box of any locomotive, engine, tender, carriage, coach, car, caboose or truck used or operated upon any railroad, whether the same be operated by steam or electricity, he shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-157
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-157. Injury to fences or cattle stops along line of railroad
Any person who shall willfully or maliciously cut, break down, injure or destroy any fence erected along the line of any railroad for the purpose of fencing the track or depot grounds of such road, or shall break down, injure or destroy any cattle stop along the line of any railroad, shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-158
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-158. Driving, etc., animal on track to recover damages
If any person, with a view to the recovery of damages against a railroad company, willfully ride, drive, or lead any animal, or otherwise contrive for any animal to go, on the railroad track of such company, and such animal is by reason thereof killed or injured, he shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-159
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-159. Trespassing on railroad track
Any person who goes upon the track of a railroad other than to pass over such road at a public or private crossing, or who willfully rides, drives or leads any animal or contrives for any animal to go on such track except to cross as aforesaid, without the consent of the railroad company or person operating such road, shall be guilty of a Class 4 misdemeanor. A second violation of the provisions of this section occurring within two years of the first violation shall be punishable as a Class 3 misdemeanor. A third or subsequent violation of the provisions of this section occurring within two years of a second or a subsequent violation shall be punishable as a Class 1 misdemeanor. This section shall not apply to any section of track which has been legally abandoned pursuant to an order of a federal or state agency having jurisdiction over the track and is not being used for railroad service.
For purposes of this section, track shall mean the rail, ties, and ballast of the railroad.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1993, c. 845.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-160
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-160. Trespassing on railroad trains
If any person, not being a passenger or employee, shall be found trespassing upon any railroad car or train of any railroad in this Commonwealth, by riding on any car, or any part thereof, on its arrival, stay or departure at or from any station or depot of such railroad, or on the passage of any such car or train over any part of any such railroad, such person shall be guilty of a Class 4 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-160.1
Effective: July 1, 2012
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-160.1. Boarding or riding transportation district train without lawful payment of fare; penalty
A. It is unlawful for any person to board or ride a train operated by, or under contract with, a transportation district created pursuant to Chapter 45 (§ 15.2-4500 et seq.) of Title 15.2 when he fails or refuses to pay the posted fare published by the transportation district, or fails to properly validate a train ticket of the transportation district. A violation of this subsection continues from the point of boarding through termination of the train's scheduled trip. Any person who violates the provisions of this subsection is subject to a civil penalty of $100.
B. It is unlawful for any person to board or ride a train operated by, or under contract with, a transportation district created pursuant to Chapter 45 (§ 15.2-4500 et seq.) of Title 15.2 with a validated ticket and to willfully use the ticket outside the designated zone of the paid ride. A violation of this subsection continues throughout the time that such ticket is used outside the designated zone of the paid ride. Any person who violates the provisions of this subsection is subject to a civil penalty of $100.
C. It is unlawful for any person to board or ride a train operated by, or under contract with, a transportation district created pursuant to Chapter 45 (§ 15.2-4500 et seq.) of Title 15.2 when he uses a fraudulent or counterfeit ticket as a means to evade payment of the posted fare published by the transportation district. A violation of this subsection continues from the point of boarding through termination of the train's scheduled trip. A violation of this subsection is punishable as a Class 2 misdemeanor with a fine of not less than $500 for a first violation and with a fine of not less than $750 for a second or subsequent conviction when the second or subsequent conviction occurs more than 24 hours after but within 365 days of a prior violation.
D. Any person who has been convicted of violating subsection C shall be civilly liable to the Commonwealth and the transportation district for all costs incurred in prosecuting such person. The costs shall be limited to actual expenses, including the base wage of one employee acting as a witness for the Commonwealth and suit costs, but the total costs recovered shall not exceed the maximum amount of the fine that may be imposed for the offense.
CREDIT(S)
Acts 1988, c. 762; Acts 1991, c. 241; Acts 2009, c. 760; Acts 2010, c. 445; Acts 2010, c. 837. Amended by Acts 2012, c. 676.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-160.2
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-160.2. Trespassing on public transportation; penalty
Any person who enters or remains upon or within a vehicle operated by a public transportation service without the permission of, or after having been forbidden to do so by, the owner, lessee, or authorized operator thereof is guilty of a Class 4 misdemeanor.
“Public transportation service” means passenger transportation service provided by bus, rail or other surface conveyance that provides transportation to the general public on a regular and continuing basis.
CREDIT(S)
Acts 2007, c. 461.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-161
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-161. Repealed by Acts 2004, c. 459
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-162
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-162. Damage or trespass to public services or utilities
Any person who shall intentionally destroy or damage any facility which is used to furnish oil, telegraph, telephone, electric, gas, sewer, wastewater or water service to the public, shall be guilty of a Class 4 felony, provided that in the event the destruction or damage may be remedied or repaired for $200 or less such act shall constitute a Class 3 misdemeanor. On electric generating property marked with no trespassing signs, the security personnel of a utility may detain a trespasser for a period not to exceed one hour pending arrival of a law-enforcement officer.
Notwithstanding any other provisions of this title, any person who shall intentionally destroy or damage, or attempt to destroy or damage, any such facility, equipment or material connected therewith, the destruction or damage of which might, in any manner, threaten the release of radioactive materials or ionizing radiation beyond the areas in which they are normally used or contained, shall be guilty of a Class 4 felony, provided that in the event the destruction or damage results in the death of another due to exposure to radioactive materials or ionizing radiation, such person shall be guilty of a Class 2 felony; provided further, that in the event the destruction or damage results in injury to another, such person shall be guilty of a Class 3 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1980, c. 548; Acts 1981, c. 197; Acts 1985, c. 299; Acts 1992, c. 352.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-162.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-162.1. Diverting wastewater line; diverting or wasting public water supply
Any person who willfully and maliciously (i) diverts any public wastewater or sewer line or (ii) diverts or wastes any public water supply by tampering with any fire hydrant shall be guilty of a Class 2 misdemeanor.
CREDIT(S)
Acts 1980, c. 140; Acts 1992, c. 352.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-163
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-163. Tampering with metering device; diverting service; civil liability
A. Any person who (i) tampers with any metering device incident to the facilities set forth in § 18.2-162, or otherwise intentionally prevents such a metering device from properly registering the degree, amount or quantity of service supplied, or (ii) diverts such service, except telephonic or electronic extension service not owned or controlled by any such company without authorization from the owner of the facility furnishing the service to the public, shall be guilty of a Class 1 misdemeanor.
B. The presence of any metering device found to have been altered, tampered with, or bypassed in a manner that would cause the metering device to inaccurately measure and register the degree, amount or quantity of service supplied or which would cause the service to be diverted from the recording apparatus of the meter shall be prima facie evidence of intent to violate and of the violation of this section by the person to whose benefit it is that such service be unmetered, unregistered or diverted.
C. The court may order restitution for the value of the services unlawfully used and for all costs. Such costs shall be limited to actual expenses, including the base wages of employees acting as witnesses for the Commonwealth, and suit costs. However, the total amount of allowable costs granted hereunder shall not exceed $250, excluding the value of the service.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 273; Acts 1978, c. 813; Acts 1992, c. 525.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-164
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-164. Unlawful use of, or injury to, telephone and telegraph lines; copying or obstructing messages; penalty
A. If any person commits any of the following acts, he is guilty of a Class 2 misdemeanor:
1. Maliciously injure, molest, cut down, or destroy any telephone or telegraph line, wire, cable, pole, tower, or the material or property belonging thereto;
2. Maliciously cut, break, tap, or make any connection with any telephone or telegraph line, wire, cable, or instrument of any telegraph or telephone company which has legally acquired the right-of-way by purchase, condemnation, or otherwise;
3. Maliciously copy in any unauthorized manner any message, either social, business, or otherwise, passing over any telephone or telegraph line, wire, cable, or wireless telephone transmission in the Commonwealth;
4. Willfully or maliciously prevent, obstruct, or delay by any means or contrivance whatsoever the sending, conveyance, or delivery in the Commonwealth of any authorized communication by or through any telephone or telegraph line, wire, cable, or wireless transmission device under the control of any telephone or telegraph company doing business in the Commonwealth;
5. Maliciously aid, agree with, employ, or conspire with any unauthorized person or persons unlawfully to do or cause to be done any of the acts hereinbefore mentioned.
B. If any person, with the intent to prevent another person from summoning law-enforcement, fire, or rescue services:
1. Commits any act set forth in subsection A; or
2. Maliciously prevents or interferes with telephone or telegraph communication by disabling or destroying any device that enables such communication, whether wired or wireless, he is guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2002, c. 810; Acts 2002, c. 818; Acts 2006, c. 457.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-165
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-165. Unlawful use of, or injury to, television or radio signals and equipment
Any person who shall willfully or maliciously break, injure or otherwise destroy or damage any of the posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, or a microwave radio system, or willfully or maliciously interfere with such structure so erected, or in any way attempt to lead from its uses or make use of the electrical signal or any portion thereof properly belonging to or in use or in readiness to be made use of for the purpose of using said electrical signal from any television coaxial cable company or microwave system or owner of such property, shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-165.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-165.1. Tampering with or unlawful use of cable television service
Any person who (i) shall knowingly obtain or attempt to obtain cable television service from another by means, artifice, trick, deception or device without the payment to the operator of such service of all lawful compensation for each type of service obtained; (ii) shall knowingly, and with intent to profit thereby from any consideration received or expected, assist or instruct any other person in obtaining or attempting to obtain any cable television service without the payment to the operator of said service of all lawful compensation; (iii) shall knowingly tamper or otherwise interfere with or connect to by any means whether mechanical, electrical, acoustical or other, any cables, wires, or other devices used for the distribution of cable television service without authority from the operator of such service; or (iv) shall knowingly sell, rent, lend, promote, offer or advertise for sale, rental or use any device of any description or any plan for making or assembling the same to any person, with knowledge that the person intends to use such device or plan to do any of the acts hereinbefore mentioned or if the device or plan was represented either directly or indirectly by the person distributing it as having the ability to facilitate the doing of any of the acts hereinbefore mentioned, shall be guilty of a Class 6 felony if convicted under clause (ii) or (iv) above and shall be guilty of a Class 1 misdemeanor if convicted under clause (i) or (iii) above.
As used herein, cable television service shall include any and all services provided by or through the facilities of any cable television system or closed circuit coaxial cable communications system or any microwave, satellite or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system.
In any prosecution under this section, the existence on property in the actual possession of the accused, of any connection, wire, conductor, or any device whatsoever, which permits the use of cable television service without the same being reported for payment to and specifically authorized by the operator of the cable television service shall be prima facie evidence of intent to violate and of the violation of this section by the accused.
Nothing contained in this section shall be construed so as to abrogate or interfere with any contract right or remedy of any person having a contract with the owner of a television coaxial cable, or a cablevision system, or a microwave radio system.
CREDIT(S)
Acts 1978, c. 712; Acts 1979, c. 500; Acts 1981, c. 197; Acts 1991, c. 502.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-165.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-165.2. Unlawful interference with emergency two-way radio communications; penalty
A. It shall be unlawful for any person to knowingly and willfully (i) interfere with the transmission of a radio communication, the purpose of which is to inform or to inquire about an emergency or (ii) transmit false information about an emergency.
B. For the purposes of this section, “emergency” means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of death or serious bodily harm or in which property is in imminent danger of damage or destruction.
C. Any person who violates the provisions of this section shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1985, c. 100.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-166
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-166. Disclosing or inducing disclosure of certain information concerning customers of telephone companies
Any person:
(1) Who is an employee of a telephone company, or an employee of a company which prints or otherwise handles lists of telephone customers for a telephone company and who discloses to another the names, addresses, or telephone numbers of any two or more customers of telephone service, knowing that such disclosure is without the consent of the telephone company furnishing said service; or
(2) Who knowingly induces such an employee to make such disclosure by giving, offering, or promising to such employee any gift, gratuity, or thing of value, or by doing or promising to do any act beneficial to such employee; or
(3) Who takes, copies, or compiles any list containing the aforesaid information knowing that such conduct is without the consent of the telephone company furnishing said service; or
(4) Who attempts, aids or abets another, or conspires with another, to commit any of the aforesaid acts,
shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-167
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-167. Selling or transferring certain telephonic instruments
(a) It shall be unlawful for any person knowingly to make, sell, offer or advertise for sale, possess, or give or otherwise transfer to another any instrument, apparatus, equipment, or device or plans or instructions for making or assembling any instrument, apparatus, equipment or device which has been designed, adapted, used, or employed with the intent or for the purpose of (1) obtaining long distance toll telephone or telegraph service or the transmission of a long distance toll message, signal, or other communication by telephone or telegraph, or over telephone or telegraph facilities, without the payment of charges for any such long distance message, signal or other communication; or (2) concealing or assisting another to conceal from any supplier of telephone or telegraph service or from any person charged with the responsibility of enforcing this section, the existence or place of origin or of destination of any long distance toll message, signal, or other communication by telephone or telegraph, or over telephone or telegraph facilities. Persons violating any provision of this section shall be guilty of a Class 3 misdemeanor.
(b) Any such instrument, apparatus, equipment or device, or plans or instructions therefor, may be seized by court order or under a warrant; and, upon a final conviction of any person owning the seized materials, or having any ownership interest therein, for a violation of any provision of this section, the instrument, apparatus, equipment, device, or plans or instructions shall be ordered destroyed as contraband by the court in which the person is convicted.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-167.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 5. Crimes Against Property (Refs & Annos)
Article 8. Offenses Relating to Railroads and Other Utilities (Refs & Annos)
§ 18.2-167.1. Interception or monitoring of customer telephone calls; penalty
It shall be unlawful for any person, firm or corporation to intercept or monitor, or attempt to intercept or monitor, the transmission of a message, signal or other communication by telephone between an employee or other agent of such person, firm or corporation and a customer of such person, firm or corporation.
The provisions of this section shall not apply if the person, firm or corporation gives notice to such employee or agent that such monitoring may occur at any time during the course of such employment.
Any person, firm or corporation violating the provisions of this section shall be guilty of a Class 4 misdemeanor. The provisions of this section shall not apply to any wiretap or other interception of any communication authorized pursuant to Chapter 6 of Title 19.2 (§ 19.2-61 et seq.).
CREDIT(S)
Acts 1982, c. 380.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 6, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 6, Art. 1, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Article 1. Forgery
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-168
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 1. Forgery (Refs & Annos)
§ 18.2-168. Forging public records, etc.
If any person forge a public record, or certificate, return, or attestation, of any public officer or public employee, in relation to any matter wherein such certificate, return, or attestation may be received as legal proof, or utter, or attempt to employ as true, such forged record, certificate, return, or attestation, knowing the same to be forged, he shall be guilty of a Class 4 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 146.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-169
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 1. Forgery (Refs & Annos)
§ 18.2-169. Forging, or keeping an instrument for forging, a seal
If any person forge, or keep or conceal any instrument for the purpose of forging, the seal of the Commonwealth, the seal of a court, or of any public office, or body politic or corporate in this Commonwealth, he shall be guilty of a Class 4 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-170
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 1. Forgery (Refs & Annos)
§ 18.2-170. Forging coin or bank notes
If any person (1) forge any coin, note or bill current by law or usage in this Commonwealth or any note or bill of a banking company, (2) fraudulently make any base coin, or a note or bill purporting to be the note or bill of a banking company, when such company does not exist, or (3) utter, or attempt to employ as true, or sell, exchange, or deliver, or offer to sell, exchange, or deliver, or receive on sale, exchange, or delivery, with intent to utter or employ, or to have the same uttered or employed as true, any such false, forged, or base coin, note or bill, knowing it to be so, he shall be guilty of a Class 4 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-171
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 1. Forgery (Refs & Annos)
§ 18.2-171. Making or having anything designed for forging any writing, etc.
If any person engrave, stamp, or cast, or otherwise make or mend, any plate, block, press, or other thing, adapted and designed for the forging and false making of any writing or other thing, the forging or false making whereof is punishable by this chapter, or if such person have in possession any such plate, block, press, or other thing, with intent to use, or cause or permit it to be used, in forging or false making any such writing or other thing, he shall be guilty of a Class 4 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-172
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 1. Forgery (Refs & Annos)
§ 18.2-172. Forging, uttering, etc., other writings
If any person forge any writing, other than such as is mentioned in §§ 18.2-168 and 18.2-170, to the prejudice of another's right, or utter, or attempt to employ as true, such forged writing, knowing it to be forged, he shall be guilty of a Class 5 felony. Any person who shall obtain, by any false pretense or token, the signature of another person, to any such writing, with intent to defraud any other person, shall be deemed guilty of the forgery thereof, and shall be subject to like punishment.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-172.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 1. Forgery (Refs & Annos)
§ 18.2-172.1. Falsifying or altering and fraudulently using transcripts or diplomas; penalty
Any person who materially falsifies or alters a transcript or diploma from an institution of postsecondary education and fraudulently uses the same for pecuniary gain or in furtherance of such person's education shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1983, c. 91.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-172.2
Effective: July 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 1. Forgery (Refs & Annos)
§ 18.2-172.2. Maliciously affixing another's signature to writing; penalty
Any person who maliciously affixes a facsimile or likeness of the signature of another person to any writing without the permission of that person and with the intent to create the false impression that the writing was signed by that person is guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 2008, c. 595.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-173
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 1. Forgery (Refs & Annos)
§ 18.2-173. Having in possession forged coin or bank notes
If any person have in his possession forged bank notes or forged or base coin, such as are mentioned in § 18.2-170, knowing the same to be forged or base, with the intent to utter or employ the same as true, or to sell, exchange, or deliver them, so as to enable any other person to utter or employ them as true, he shall, if the number of such notes or coins in his possession at the same time, be ten or more, be guilty of a Class 6 felony; and if the number be less than ten, he shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 6, Art. 2, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Article 2. Impersonation
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-174
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 2. Impersonation (Refs & Annos)
§ 18.2-174. Impersonating officer
Any person who shall falsely assume or exercise the functions, powers, duties and privileges incident to the office of sheriff, police officer, marshal, or other peace officer, or who shall falsely assume or pretend to be any such officer, shall be deemed guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-174.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 2. Impersonation (Refs & Annos)
§ 18.2-174.1. Impersonating certain public safety personnel; penalty
Any person who willfully impersonates, with the intent to make another believe he is, a certified emergency medical services personnel, firefighter, including any special forest warden designated pursuant to § 10.1-1135, fire marshal, or fire chief is guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1993, c. 403; Acts 2000, c. 962; Acts 2002, c. 536.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-175
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 2. Impersonation (Refs & Annos)
§ 18.2-175. Unlawful wearing of officer's uniform or insignia; unlawful use of vehicle with word “police” shown thereon
No person, not such an officer as is referred to in § 19.2-78, shall wear any such uniform as is designated pursuant to the provisions of such section or wear an insignia or markings containing the Seal of the Commonwealth or the insignia of any such officer's uniform, nor shall any person not such an officer, or not authorized by such officer, or not authorized by the military police of the armed forces or of the National Guard, or not authorized by the military police of other governmental agencies, use or cause to be used on the public roads or highways of this Commonwealth, any motor vehicle bearing markings with the word “police” shown thereon. However, the prohibition against wearing an insignia or markings containing the Seal of the Commonwealth shall not apply to any certified firefighter or to any certified or licensed emergency medical personnel. Any violation of this section shall be a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1979, c. 704; Acts 1991, c. 424.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-176
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 2. Impersonation (Refs & Annos)
§ 18.2-176. Unauthorized wearing or displaying on motor vehicles of any button, insignia or emblem of certain associations or societies or of Southern Cross of Honor
(a) No person shall wear the button or insignia of any order of police, trade union or veterans' organization or display upon a motor vehicle the insignia or emblem of any automobile club, medical society, order of police, trade union or veterans' organization or use such button, insignia or emblem to obtain aid or assistance unless entitled to wear, display or use the same under the constitution, bylaws, rules or regulations of the organization concerned.
(b) No person shall wear any Southern Cross of Honor when not entitled to do so by the regulations under which such Crosses of Honor are given.
(c) A violation of this section shall be a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-177
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 2. Impersonation (Refs & Annos)
§ 18.2-177. Illegal use of insignia
Any person who shall willfully wear, exhibit, display, print, or use, for any purpose, the badge, motto, button, decoration, charm, emblem, rosette, or other insignia of any such association or organization mentioned in § 2.2-411, duly registered under Article 2 (§ 2.2-411 et seq.) of Chapter 4, Title 2.2, unless he shall be entitled to use and wear the same under the constitution and bylaws, rules and regulations of such association or organization, shall be guilty of a Class 4 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 6, Art. 3, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Article 3. False Pretenses
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-178
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 3. False Pretenses (Refs & Annos)
§ 18.2-178. Obtaining money or signature, etc., by false pretense
A. If any person obtain, by any false pretense or token, from any person, with intent to defraud, money, a gift certificate or other property that may be the subject of larceny, he shall be deemed guilty of larceny thereof; or if he obtain, by any false pretense or token, with such intent, the signature of any person to a writing, the false making whereof would be forgery, he shall be guilty of a Class 4 felony.
B. Venue for the trial of any person charged with an offense under this section may be in the county or city in which (i) any act was performed in furtherance of the offense, or (ii) the person charged with the offense resided at the time of the offense.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2001, c. 131; Acts 2006, c. 321.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-179
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 3. False Pretenses (Refs & Annos)
§ 18.2-179. Unlawful operation of coin box telephone, parking meter, vending machine, etc.
Any person who shall operate, cause to be operated, or attempt to operate or cause to be operated any coin box telephone, parking meter, vending machine or other machine that operates on the coin-in-the-slot principle, whether of like kind or not, designed only to receive lawful coin of the United States of America, in connection with the use or enjoyment of telephone or telegraph service, parking privileges or any other service, or the sale of merchandise or other property, by means of a slug, or any false, counterfeit, mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever, not authorized by the owner, lessee or licensee of such coin box telephone, parking meter, vending machine or other machine; or who shall obtain or receive telephone or telegraph service, parking privileges, merchandise, or any other service or property from any such coin box telephone, parking meter, vending machine or other machines, designed only to receive lawful coin of the United States of America, without depositing in or surrendering to such coin box telephone, parking meter, vending machine, or other machine lawful coin of the United States of America to the amount required therefor by the owner, lessee or licensee of such coin box telephone, parking meter, vending machine or other machine, shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-180
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 3. False Pretenses (Refs & Annos)
§ 18.2-180. Manufacture, etc., of slugs, etc., for such unlawful use
Any person who, with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of any such coin box telephone, parking meter, vending machine or other machine operated on the coin-in-the-slot principle, designed only to receive lawful coin of the United States of America, in connection with the use of any such coin box telephone, parking meter, vending machine or other machine, or who, knowing or having reason to believe that the same is intended for such unlawful use, shall manufacture, sell, offer to sell, advertise for sale or give away any slug, device or substance whatsoever, intended or calculated to be placed or deposited in any such coin box telephone, parking meter, vending machine or other machine, shall be guilty of a Class 3 misdemeanor.
The manufacture, sale, offer for sale, advertisement for sale, giving away or possession of any such slug, device or substance whatsoever, intended or calculated to be placed or deposited in any such coin box telephone, parking meter, vending machine or other machine that operates on the coin-in-the-slot principle, shall be prima facie evidence of intent to cheat or defraud within the meaning of this section and § 18.2-179.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 6, Art. 4, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Article 4. Bad Check Law
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-181
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 4. Bad Check Law (Refs & Annos)
§ 18.2-181. Issuing bad checks, etc., larceny
Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny; and, if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than $200, the person shall be guilty of a Class 1 misdemeanor.
The word “credit” as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order.
Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1977, c. 329; Acts 1978, c. 791; Acts 1981, c. 230.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-181.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 4. Bad Check Law (Refs & Annos)
§ 18.2-181.1. Issuance of bad checks
It shall be a Class 6 felony for any person, within a period of ninety days, to issue two or more checks, drafts or orders for the payment of money in violation of § 18.2-181, which have an aggregate represented value of $200 or more and which (i) are drawn upon the same account of any bank, banking institution, trust company or other depository and (ii) are made payable to the same person, firm or corporation.
CREDIT(S)
Acts 1988, c. 496.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-182
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 4. Bad Check Law (Refs & Annos)
§ 18.2-182. Issuing bad checks on behalf of business firm or corporation in payment of wages; penalty
Any person who shall make, draw, or utter, or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company or other depository on behalf of any business firm or corporation, for the purpose of paying wages to any employee of such firm or corporation, or for the purpose of paying for any labor performed by any person for such firm or corporation, knowing, at the time of such making, drawing, uttering or delivering, that the account upon which such check, draft or order is drawn has not sufficient funds, or credit with, such bank, banking institution, trust company or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of a Class 1 misdemeanor; except that if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony.
The word “credit,” as used herein, shall be construed to mean any arrangement or understanding with the bank, banking institution, trust company, or other depository for the payment of such check, draft or order.
In addition to the criminal penalty set forth herein, such person shall be personally liable in any civil action brought upon such check, draft or order.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2005, c. 598.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-182.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 4. Bad Check Law (Refs & Annos)
§ 18.2-182.1. Issuing bad checks in payment of taxes
Any person who shall make, draw, utter, or deliver two or more checks, drafts, or orders within a period of ninety days which have an aggregate represented value of $1,000 or more, for the payment of money upon any bank, banking institution, trust company, or other depository on behalf of any taxpayer for the payment of any state tax under § 58.1-486 or § 58.1-637, knowing, at the time of such making, drawing, uttering, or delivering, that the account upon which such check, draft, or order is drawn has not sufficient funds or credit with such bank, banking institution, trust company, or other depository for the payment of such check, draft, or order, although no express representation is made in reference thereto, shall be guilty of a Class 1 misdemeanor.
The word “credit,” as used herein, means any arrangement or understanding with the bank, banking institution, trust company, or other depository for the payment of such check, draft, or order.
CREDIT(S)
Acts 1992, c. 763.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-183
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 4. Bad Check Law (Refs & Annos)
§ 18.2-183. Issuance of bad check prima facie evidence of intent and knowledge; notice by certified or registered mail
In any prosecution or action under the preceding sections, the making or drawing or uttering or delivery of a check, draft, or order, payment of which is refused by the drawee because of lack of funds or credit shall be prima facie evidence of intent to defraud or of knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company or other depository unless such maker or drawer, or someone for him, shall have paid the holder thereof the amount due thereon, together with interest, and protest fees (if any), within five days after receiving written notice that such check, draft, or order has not been paid to the holder thereof. Notice mailed by certified or registered mail, evidenced by return receipt, to the last known address of the maker or drawer shall be deemed sufficient and equivalent to notice having been received by the maker or drawer.
If such check, draft or order shows on its face a printed or written address, home, office, or otherwise, of the maker or drawer, then the foregoing notice, when sent by certified or registered mail to such address, with or without return receipt requested, shall be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not.
When a check is drawn on a bank in which the maker or drawer has no account, it shall be presumed that such check was issued with intent to defraud, and the five-day notice set forth above shall not be required in such case.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-184
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 4. Bad Check Law (Refs & Annos)
§ 18.2-184. Presumption as to notation attached to check, draft or order
In any prosecution or action under the preceding sections, any notation attached to or stamped upon a check, draft or order which is refused by the drawee because of lack of funds or credit, bearing the terms “not sufficient funds,” “uncollected funds,” “account closed,” or “no account in this name,” or words of similar import, shall be prima facie evidence that such notation is true and correct.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-185
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 4. Bad Check Law (Refs & Annos)
§ 18.2-185. Evidence and presumptions in malicious prosecution actions after issuance of bad check
In any civil action growing out of an arrest under § 18.2-181 or § 18.2-182, no evidence of statements or representations as to the status of the check, draft, order or deposit involved, or of any collateral agreement with reference to the check, draft, or order, shall be admissible unless such statements, or representations, or collateral agreement, be written upon the instrument at the time it is given by the drawer.
If payment of any check, draft, or order for the payment of money be refused by the bank, banking institution, trust company or other depository upon which such instrument is drawn, and the person who drew or uttered such instrument be arrested or prosecuted under the provisions of § 18.2-181 or § 18.2-182, for failure or refusal to pay such instrument, the one who arrested or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to have acted with reasonable or probable cause in any suit for damages that may be brought by the person who drew or uttered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where it was refused, and then waited five days after notice, as provided in § 18.2-183, without the amount due under the provisions of such instrument being paid.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 6, Art. 5, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Article 5. False Representations to Obtain Property or Credit
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-186
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-186. False statements to obtain property or credit
A. A person shall be guilty of a Class 1 misdemeanor if he makes, causes to be made or conspires to make directly, indirectly or through an agency, any materially false statement in writing, knowing it to be false and intending that it be relied upon, concerning the financial condition or means or ability to pay of himself, or of any other person for whom he is acting, or any firm or corporation in which he is interested or for which he is acting, for the purpose of procuring, for his own benefit or for the benefit of such person, firm or corporation, the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of a credit, the discount of an account receivable, or the making, acceptance, discount, sale or endorsement of a bill of exchange or promissory note.
B. Any person who knows that a false statement has been made in writing concerning the financial condition or ability to pay of himself or of any person for whom he is acting, or any firm or corporation in which he is interested or for which he is acting and who, with intent to defraud, procures, upon the faith thereof, for his own benefit, or for the benefit of the person, firm or corporation in which he is interested or for which he is acting, any such delivery, payment, loan, credit, extension, discount making, acceptance, sale or endorsement, shall, if the value of the thing or the amount of the loan, credit or benefit obtained is $200 or more, be guilty of grand larceny or, if the value is less than $200, be guilty of petit larceny.
C. Venue for the trial of any person charged with an offense under this section may be in the county or city in which (i) any act was performed in furtherance of the offense, or (ii) the person charged with the offense resided at the time of the offense.
D. As used in this section, “in writing” shall include information transmitted by computer, facsimile, e-mail, Internet, or any other electronic medium, and shall not include information transmitted by any such medium by voice transmission.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1975, c. 14; Acts 1975, c. 15; Acts 1981, c. 197; Acts 1991, c. 546; Acts 2006, c. 321; Acts 2007, c. 518.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-186.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-186.1. Repealed by Acts 1981, c. 255
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-186.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-186.2. False statements or failure to disclose material facts in order to obtain aid or benefits under any local, state or federal housing assistance program
Any person who (i) knowingly makes or causes to be made either directly or indirectly or through any agent or agency, any false statement in writing with the intent that it shall be relied upon, or fails to disclose any material fact concerning the financial means or ability to pay of himself or of any other person for whom he is acting, for the purpose of procuring aid and benefits available under any local, state or federally funded housing assistance program, or (ii) knowingly fails to disclose a change in circumstances in order to obtain or continue to receive under any such program aid or benefits to which he is not entitled or who knowingly aids and abets another person in the commission of any such act is guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1980, c. 303.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-186.3
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-186.3. Identity theft; penalty; restitution; victim assistance
A. It shall be unlawful for any person, without the authorization or permission of the person or persons who are the subjects of the identifying information, with the intent to defraud, for his own use or the use of a third person, to:
1. Obtain, record or access identifying information which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;
2. Obtain money, credit, loans, goods or services through the use of identifying information of such other person;
3. Obtain identification documents in such other person's name; or
4. Obtain, record or access identifying information while impersonating a law-enforcement officer or an official of the government of the Commonwealth.
B. It shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying information, with the intent to sell or distribute the information to another to:
1. Fraudulently obtain, record or access identifying information that is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;
2. Obtain money, credit, loans, goods or services through the use of identifying information of such other person;
3. Obtain identification documents in such other person's name; or
4. Obtain, record or access identifying information while impersonating a law-enforcement officer or an official of the Commonwealth.
B1. It shall be unlawful for any person to use identification documents or identifying information of another person, whether that person is dead or alive, or of a false or fictitious person, to avoid summons, arrest, prosecution or to impede a criminal investigation.
C. As used in this section, “identifying information” shall include but not be limited to: (i) name; (ii) date of birth; (iii) social security number; (iv) driver's license number; (v) bank account numbers; (vi) credit or debit card numbers; (vii) personal identification numbers (PIN); (viii) electronic identification codes; (ix) automated or electronic signatures; (x) biometric data; (xi) fingerprints; (xii) passwords; or (xiii) any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain money, credit, loans, goods or services.
D. Violations of this section shall be punishable as a Class 1 misdemeanor. Any violation resulting in financial loss of greater than $200 shall be punishable as a Class 6 felony. Any second or subsequent conviction shall be punishable as a Class 6 felony. Any violation of subsection B where five or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 6 felony. Any violation of subsection B where 50 or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony. Any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation shall be punishable as a Class 6 felony. In any proceeding brought pursuant to this section, the crime shall be considered to have been committed in any locality where the person whose identifying information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in such locality.
E. Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person. Such restitution may include the person's or his estate's actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information.
F. Upon the request of a person whose identifying information was appropriated, the Attorney General may provide assistance to the victim in obtaining information necessary to correct inaccuracies or errors in his credit report or other identifying information; however, no legal representation shall be afforded such person.
CREDIT(S)
Acts 2000, c. 349; Acts 2001, c. 423; Acts 2003, c. 847; Acts 2003, c. 914; Acts 2003, c. 918; Acts 2004, c. 450; Acts 2006, c. 455; Acts 2006, c. 496; Acts 2007, c. 441; Acts 2009, c. 314; Acts 2009, c. 380.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-186.3:1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-186.3:1. Identity fraud; consumer reporting agencies; police reports
A. A consumer may report a case of identity theft to the law-enforcement agency in the jurisdiction where he resides. If a consumer, as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., submits to a consumer reporting agency, as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., a copy of a valid police report, the consumer reporting agency shall, within 30 days of receipt thereof, block the reporting of any information that the consumer alleges appears on his credit report, as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., as a result of a violation of § 18.2-186.3. The consumer reporting agency shall promptly notify the furnisher of the information that a police report has been filed, that a block has been requested, and the effective date of the block.
B. Consumer reporting agencies may decline to block or may rescind any block of consumer information if, in the exercise of good faith and reasonable judgment, the consumer reporting agency believes that: (i) the information was blocked due to a misrepresentation of a material fact by the consumer; (ii) the information was blocked due to fraud, in which the consumer participated, or of which the consumer had knowledge, and which may for purposes of this section be demonstrated by circumstantial evidence; (iii) the consumer agrees that portions of the blocked information or all of it were blocked in error; (iv) the consumer knowingly obtained or should have known that he obtained possession of goods, services, or moneys as a result of the blocked transaction or transactions; or (v) the consumer reporting agency, in the exercise of good faith and reasonable judgment, has substantial reason based on specific, verifiable facts to doubt the authenticity of the consumer's report of a violation of § 18.2-186.3.
C. If blocked information is unblocked pursuant to this section, the consumer shall be notified in the same manner as consumers are notified of the reinsertion of information pursuant to the Fair Credit Reporting Act at 15 U.S.C. § 1681i, as amended. The prior presence of the blocked information in the consumer reporting agency's file on the consumer is not evidence of whether the consumer knew or should have known that he obtained possession of any goods, services, or moneys.
D. A consumer reporting agency shall accept the consumer's version of the disputed information and correct the disputed item when the consumer submits to the consumer reporting agency documentation obtained from the source of the item in dispute or from public records confirming that the report was inaccurate or incomplete, unless the consumer reporting agency, in the exercise of good faith and reasonable judgment, has substantial reason based on specific, verifiable facts to doubt the authenticity of the documentation submitted and notifies the consumer in writing of that decision, explaining its reasons for unblocking the information and setting forth the specific, verifiable facts on which the decision is based.
E. A consumer reporting agency shall delete from a consumer credit report inquiries for credit reports based upon credit requests that the consumer reporting agency verifies were initiated as a result of a violation of § 18.2-186.3.
F. The provisions of this section do not apply to (i) a consumer reporting agency that acts as a reseller of credit information by assembling and merging information contained in the databases of other consumer reporting agencies, and that does not maintain a permanent database of credit information from which new consumer credit reports are produced, (ii) a check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar payment methods, or (iii) a demand deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automatic teller machine abuse or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a demand deposit account at the inquiring bank or financial institution.
CREDIT(S)
Acts 2003, c. 914; Acts 2003, c. 918; Acts 2006, c. 298.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-186.4
Effective: July 1, 2010
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-186.4. Use of a person's identity with the intent to coerce, intimidate, or harass; penalty
It shall be unlawful for any person, with the intent to coerce, intimidate, or harass another person, to publish the person's name or photograph along with identifying information as defined in clauses (iii) through (ix), or clause (xii) of subsection C of § 18.2-186.3, or identification of the person's primary residence address. Any person who violates this section is guilty of a Class 1 misdemeanor.
Any person who violates this section knowing or having reason to know that person is a law-enforcement officer, as defined in § 9.1-101, is guilty of a Class 6 felony. The sentence shall include a mandatory minimum term of confinement of six months.
CREDIT(S)
Acts 2001, c. 775; Acts 2001, c. 782; Acts 2007, c. 736; Acts 2010, c. 767.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-186.4:1
Effective: July 1, 2012
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-186.4:1. Internet publication of personal information of certain public officials
A. The Commonwealth shall not publish on the Internet the personal information of any public official if a court has, pursuant to subsection B, ordered that the official's personal information is prohibited from publication and the official has made a demand in writing to the Commonwealth, accompanied by the order of the court, that the Commonwealth not publish such information.
B. Any public official may petition a circuit court for an order prohibiting the publication on the Internet, by the Commonwealth, of the official's personal information. The petition shall set forth the specific reasons that the official seeks the order. The court shall issue such an order only if it finds that (i) there exists a threat to the official or a person who resides with him that would result from publication of the information or (ii) the official has demonstrated a reasonable fear of a risk to his safety or the safety of someone who resides with him that would result from publication of the information on the Internet.
C. If the Commonwealth publishes the public official's personal information on the Internet prior to receipt of a written demand by the official under subsection A, it shall remove the information from publication on the Internet within 48 hours of receipt of the written demand.
D. A written demand made by any public official pursuant to this section shall be effective for four years as follows:
1. For a law-enforcement officer, if the officer remains continuously employed as a law-enforcement officer throughout the four-year period; and
2. For a federal or state judge or justice, if such public official continuously serves throughout the four-year period.
E. For purposes of this section:
“Commonwealth” means any agency or political subdivision of the Commonwealth of Virginia.
“Law-enforcement officer” means the same as that term is defined in § 9.1-101, 5 U.S.C. § 8331(20), excluding officers whose duties relate to detention as defined in 5 U.S.C. § 8331(20), and any other federal officer or agent who is credentialed with the authority to enforce federal law.
“Personal information” means home address, home telephone numbers, personal cell phone numbers, or personal email address.
“Publication” and “publishes” means intentionally communicating personal information to, or otherwise making personal information available to, and accessible by, the general public through the Internet or other online service.
“Public official” means any state or federal judge or justice and any law-enforcement officer.
F. No provision of this section shall apply to lists of registered voters and persons who voted, voter registration records, or lists of absentee voters prepared or provided under Title 24.2.
CREDIT(S)
Acts 2010, c. 767. Amended by Acts 2012, c. 143.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-186.5
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-186.5. Expungement of false identity information from police and court records; Identity Theft Passport
Any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification may file a petition with the court for relief pursuant to § 19.2-392.2. A person who has petitioned the court pursuant to § 19.2-392.2 as a result of a violation of § 18.2-186.3, may submit to the Attorney General a certified copy of a court order obtained pursuant to § 19.2-392.2. Upon receipt by the Attorney General of a certified copy of the court order and upon request by such person, the Office of the Attorney General, in cooperation with the State Police, may issue an “Identity Theft Passport” stating that such an order has been submitted. The Office of the Attorney General shall provide access to identity theft information to (i) criminal justice agencies and (ii) individuals who have submitted a court order pursuant to this section. When the Office of the Attorney General issues an Identity Theft Passport, it shall transmit a record of the issuance of the passport to the Department of Motor Vehicles. The Department shall note on the individual's driver abstract that a court order was obtained pursuant to § 19.2-392.2 and that an Identity Theft Passport has been issued. The provisions of § 2.2-3808 shall not apply to this section.
CREDIT(S)
Acts 2003, c. 914; Acts 2003, c. 918; Acts 2004, c. 450; Acts 2006, c. 298; Acts 2011, c. 619.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-186.6
Effective: July 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-186.6. Breach of personal information notification
A. As used in this section:
“Breach of the security of the system” means the unauthorized access and acquisition of unencrypted and unredacted computerized data that compromises the security or confidentiality of personal information maintained by an individual or entity as part of a database of personal information regarding multiple individuals and that causes, or the individual or entity reasonably believes has caused, or will cause, identity theft or other fraud to any resident of the Commonwealth. Good faith acquisition of personal information by an employee or agent of an individual or entity for the purposes of the individual or entity is not a breach of the security of the system, provided that the personal information is not used for a purpose other than a lawful purpose of the individual or entity or subject to further unauthorized disclosure.
“Encrypted” means the transformation of data through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without the use of a confidential process or key, or the securing of the information by another method that renders the data elements unreadable or unusable.
“Entity” includes corporations, business trusts, estates, partnerships, limited partnerships, limited liability partnerships, limited liability companies, associations, organizations, joint ventures, governments, governmental subdivisions, agencies, or instrumentalities or any other legal entity, whether for profit or not for profit.
“Financial institution” has the meaning given that term in 15 U.S.C. § 6809(3).
“Individual” means a natural person.
“Notice” means:
1. Written notice to the last known postal address in the records of the individual or entity;
2. Telephone notice;
3. Electronic notice; or
4. Substitute notice, if the individual or the entity required to provide notice demonstrates that the cost of providing notice will exceed $50,000, the affected class of Virginia residents to be notified exceeds 100,000 residents, or the individual or the entity does not have sufficient contact information or consent to provide notice as described in subdivisions 1, 2, or 3 of this definition. Substitute notice consists of all of the following:
a. E-mail notice if the individual or the entity has e-mail addresses for the members of the affected class of residents;
b. Conspicuous posting of the notice on the website of the individual or the entity if the individual or the entity maintains a website; and
c. Notice to major statewide media.
Notice required by this section shall not be considered a debt communication as defined by the Fair Debt Collection Practices Act in 15 U.S.C. § 1692a.
Notice required by this section shall include a description of the following:
(1) The incident in general terms;
(2) The type of personal information that was subject to the unauthorized access and acquisition;
(3) The general acts of the individual or entity to protect the personal information from further unauthorized access;
(4) A telephone number that the person may call for further information and assistance, if one exists; and
(5) Advice that directs the person to remain vigilant by reviewing account statements and monitoring free credit reports.
“Personal information” means the first name or first initial and last name in combination with and linked to any one or more of the following data elements that relate to a resident of the Commonwealth, when the data elements are neither encrypted nor redacted:
1. Social security number;
2. Driver's license number or state identification card number issued in lieu of a driver's license number; or
3. Financial account number, or credit card or debit card number, in combination with any required security code, access code, or password that would permit access to a resident's financial accounts.
The term does not include information that is lawfully obtained from publicly available information, or from federal, state, or local government records lawfully made available to the general public.
“Redact” means alteration or truncation of data such that no more than the following are accessible as part of the personal information:
1. Five digits of a social security number; or
2. The last four digits of a driver's license number, state identification card number, or account number.
B. If unencrypted or unredacted personal information was or is reasonably believed to have been accessed and acquired by an unauthorized person and causes, or the individual or entity reasonably believes has caused or will cause, identity theft or another fraud to any resident of the Commonwealth, an individual or entity that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach of the security of the system to the Office of the Attorney General and any affected resident of the Commonwealth without unreasonable delay. Notice required by this section may be reasonably delayed to allow the individual or entity to determine the scope of the breach of the security of the system and restore the reasonable integrity of the system. Notice required by this section may be delayed if, after the individual or entity notifies a law-enforcement agency, the law-enforcement agency determines and advises the individual or entity that the notice will impede a criminal or civil investigation, or homeland or national security. Notice shall be made without unreasonable delay after the law-enforcement agency determines that the notification will no longer impede the investigation or jeopardize national or homeland security.
C. An individual or entity shall disclose the breach of the security of the system if encrypted information is accessed and acquired in an unencrypted form, or if the security breach involves a person with access to the encryption key and the individual or entity reasonably believes that such a breach has caused or will cause identity theft or other fraud to any resident of the Commonwealth.
D. An individual or entity that maintains computerized data that includes personal information that the individual or entity does not own or license shall notify the owner or licensee of the information of any breach of the security of the system without unreasonable delay following discovery of the breach of the security of the system, if the personal information was accessed and acquired by an unauthorized person or the individual or entity reasonably believes the personal information was accessed and acquired by an unauthorized person.
E. In the event an individual or entity provides notice to more than 1,000 persons at one time pursuant to this section, the individual or entity shall notify, without unreasonable delay, the Office of the Attorney General and all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in 15 U.S.C. § 1681a(p), of the timing, distribution, and content of the notice.
F. An entity that maintains its own notification procedures as part of an information privacy or security policy for the treatment of personal information that are consistent with the timing requirements of this section shall be deemed to be in compliance with the notification requirements of this section if it notifies residents of the Commonwealth in accordance with its procedures in the event of a breach of the security of the system.
G. An entity that is subject to Title V of the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and maintains procedures for notification of a breach of the security of the system in accordance with the provision of that Act and any rules, regulations, or guidelines promulgated thereto shall be deemed to be in compliance with this section.
H. An entity that complies with the notification requirements or procedures pursuant to the rules, regulations, procedures, or guidelines established by the entity's primary or functional state or federal regulator shall be in compliance with this section.
I. Except as provided by subsections J and K, pursuant to the enforcement duties and powers of the Office of the Attorney General, the Attorney General may bring an action to address violations of this section. The Office of the Attorney General may impose a civil penalty not to exceed $150,000 per breach of the security of the system or a series of breaches of a similar nature that are discovered in a single investigation. Nothing in this section shall limit an individual from recovering direct economic damages from a violation of this section.
J. A violation of this section by a state-chartered or licensed financial institution shall be enforceable exclusively by the financial institution's primary state regulator.
K. A violation of this section by an individual or entity regulated by the State Corporation Commission's Bureau of Insurance shall be enforced exclusively by the State Corporation Commission.
L. The provisions of this section shall not apply to criminal intelligence systems subject to the restrictions of 28 C.F.R. Part 23 that are maintained by law-enforcement agencies of the Commonwealth and the organized Criminal Gang File of the Virginia Criminal Information Network (VCIN), established pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52.
CREDIT(S)
Acts 2008, c. 566; Acts 2008, c. 801.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-187
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-187. Repealed by Acts 1978, c. 807
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-187.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-187.1. Obtaining or attempting to obtain oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service without payment; penalty; civil liability
A. It shall be unlawful for any person knowingly, with the intent to defraud, to obtain or attempt to obtain, for himself or for another, oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service by the use of any false information, or in any case where such service has been disconnected by the supplier and notice of disconnection has been given.
B. It shall be unlawful for any person to obtain or attempt to obtain oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service by the use of any scheme, device, means or method, or by a false application for service with intent to avoid payment of lawful charges therefor.
B1. It shall be unlawful for any person to obtain, or attempt to obtain, electronic communication service as defined in § 18.2-190.1 by the use of an unlawful electronic communication device as defined in § 18.2-190.1.
C. The word “notice” as used in subsection A shall be notice given in writing to the person to whom the service was assigned. The sending of a notice in writing by registered or certified mail in the United States mail, duly stamped and addressed to such person at his last known address, requiring delivery to the addressee only with return receipt requested, and the actual signing of the receipt for such mail by the addressee, shall be prima facie evidence that such notice was duly received.
D. Any person who violates any provisions of this section, if the value of service, credit or benefit procured is $200 or more, shall be guilty of a Class 6 felony; or if the value is less than $200, shall be guilty of a Class 1 misdemeanor. In addition, the court may order restitution for the value of the services unlawfully used and for all costs. Such costs shall be limited to actual expenses, including the base wages of employees acting as witnesses for the Commonwealth, and suit costs. However, the total amount of allowable costs granted hereunder shall not exceed $250, excluding the value of the service.
E. Any party providing oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service who is aggrieved by a violation of this section may, in a civil proceeding in any court of competent jurisdiction, seek both injunctive and equitable relief, and an award of damages, including attorney's fees and costs. In addition to any other remedy provided by law, the party aggrieved may recover an award of actual damages or $500 whichever is greater for each action.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1981, c. 197; Acts 1992, c. 525; Acts 1993, c. 439; Acts 2002, c. 671; Acts 2003, c. 354.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-187.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-187.2. Audiovisual recording of motion pictures unlawful; penalty
A. It shall be unlawful for any person to operate an audiovisual recording function of a device in a commercial theater, excluding the lobby and other common areas, to record a motion picture or any portion thereof without the consent of the owner or lessee of the theater. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor.
B. The owner or lessee of a commercial theater where a motion picture is being exhibited, or his authorized agent or employee, who has probable cause to believe that a person has made a recording in violation of subsection A on the premises of the owner or lessee, may detain such person for a period not to exceed one hour pending arrival of a law-enforcement officer. Such owner, lessee, agent or employee shall not be held civilly liable for unlawful detention if such detention does not exceed one hour, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery of the person so arrested or detained, whether such arrest or detention takes place on the premises of the owner or lessee or after close pursuit from such premises, provided that, in causing the arrest or detention of such person, the owner, lessee, agent or employee had at the time of such arrest or detention probable cause to believe the person was making or had made an illegal recording in violation of subsection A.
C. This section shall not apply to any lawfully authorized investigative, law-enforcement, protective, or intelligence gathering activity by an agent or employee of the Commonwealth or the federal government.
D. The term “audiovisual recording function” means that component of an analog or digital photographic or video camera or other device developed with the capability to record or transmit a motion picture or any part thereof.
CREDIT(S)
Acts 2004, c. 759.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-188
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-188. Defrauding hotels, motels, campgrounds, boardinghouses, etc.
It shall be unlawful for any person, without paying therefor, and with the intent to cheat or defraud the owner or keeper to:
1. Put up at a hotel, motel, campground or boardinghouse;
2. Obtain food from a restaurant or other eating house;
3. Gain entrance to an amusement park; or
4. Without having an express agreement for credit, procure food, entertainment or accommodation from any hotel, motel, campground, boardinghouse, restaurant, eating house or amusement park.
It shall be unlawful for any person, with intent to cheat or defraud the owner or keeper out of the pay therefor to obtain credit at a hotel, motel, campground, boardinghouse, restaurant or eating house for food, entertainment or accommodation by means of any false show of baggage or effects brought thereto.
It shall be unlawful for any person, with intent to cheat or defraud, to obtain credit at a hotel, motel, campground, boardinghouse, restaurant, eating house or amusement park for food, entertainment or accommodation through any misrepresentation or false statement.
It shall be unlawful for any person, with intent to cheat or defraud, to remove or cause to be removed any baggage or effects from a hotel, motel, campground, boardinghouse, restaurant or eating house while there is a lien existing thereon for the proper charges due from him for fare and board furnished.
Any person who violates any provision of this section shall, if the value of service, credit or benefit procured or obtained is $200 or more, be guilty of a Class 5 felony; or if the value is less than $200, a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1977, c. 178; Acts 1981, c. 197; Acts 1993, c. 575.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-188.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-188.1. Defrauding person having a lien on an animal; penalty
It shall be unlawful to remove or cause any horse or other animal to be removed from the possession of the owner or keeper of a livery stable or other person having a lien on the horse or animal for keep, support and care pursuant to § 43-32, with intent to defraud or cheat the lienholder. A violation of this section shall be punishable as a Class 2 misdemeanor.
CREDIT(S)
Acts 1990, c. 639.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-189
Effective: October 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-189. Defrauding keeper of motor vehicles or watercraft
A person shall be guilty of a Class 2 misdemeanor if he:
1. Stores a motor vehicle, boat or other watercraft with any person, firm or corporation engaged in the business of conducting a garage, marina, watercraft dealership or other facility for the (i) storage of motor vehicles, boats or other watercraft, (ii) furnishing of supplies to motor vehicles, boats or other watercraft, or (iii) alteration or repair of motor vehicles, boats or other watercraft, and obtains storage, supplies, alterations or repairs for such motor vehicle, boat or other watercraft, without having an express agreement for credit, or procures storage, supplies, alterations or repairs on account of such motor vehicle, boat or other watercraft so stored, without paying therefor, and with the intent to cheat or defraud the owner or keeper of the garage, marina or boat repair facility; or
2. With such intent, obtains credit at the garage, marina, watercraft dealership or boat repair facility for such storage, supplies, alterations or repairs through any misrepresentation or false statement; or
3. With such intent, removes or causes to be removed any such motor vehicle, boat or other watercraft from any such garage, marina, watercraft dealership or boat repair facility while there is a lien existing thereon for the proper charges due from him for storage, supplies, alterations or repairs furnished thereon, in accordance with the provisions of § 43-32, 43-33, 46.2-644.01, or § 46.2-644.02.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1978, c. 245; Acts 1988, c. 414; Acts 2009, c. 664, eff. Oct. 1, 2009.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-190
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5. False Representations to Obtain Property or Credit (Refs & Annos)
§ 18.2-190. Fraudulent misrepresentation as to breed of bull or cattle
Any person who, in the sale, gift or transfer, of any bull or cattle, knowingly shall make any false representation that such bull is registered, or entitled to registration, in some recognized standard and accredited herd of cattle, or three-quarters blood of such breed, or that such cattle are from such a herd or breed of cattle, shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 6, Art. 5.1, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Article 5.1. Offenses Involving Telecommunication Devices
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-190.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5.1. Offenses Involving Telecommunication Devices (Refs & Annos)
§ 18.2-190.1. Definitions
As used in this article, unless the context requires a different meaning:
“Electronic communication device” means (i) any type of instrument, device, machine, equipment or software that is capable of transmitting, acquiring, encrypting, decrypting or receiving any signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems or (ii) any part, accessory or component of such an instrument, device, machine, equipment or software, including, but not limited to, any computer circuit, computer chip, security module, smart card, electronic mechanism, or other component, accessory or part, that is capable of facilitating the transmission, acquisition, encryption, decryption or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems.
“Electronic communication service” means any service provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature through the use of an electronic communication device as that term is defined in this section.
“Electronic communication service provider” means any person or entity providing any electronic communication service including (i) any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, fiber optic, data transmission or radio distribution network, system or facility; (ii) any person or entity that for a fee supplies equipment or services to an electronic communication service provider; and (iii) any person or entity providing an electronic communication service directly or indirectly using any of the systems, networks, or facilities described in clause (i).
“Equipment or materials used to manufacture an unlawful electronic communication device” means (i) a scanner capable of intercepting the electronic serial number or mobile identification number of a cellular or other wireless telephone; (ii) electronic software or hardware capable of altering or changing the factory-installed electronic serial number of a cellular or other wireless telephone or a computer containing such software; (iii) a list of cellular or other wireless telephone electronic serial numbers with their associated mobile identification numbers; or (iv) a part, accessory or component of an unlawful electronic communications device possessed or used in the manufacture of such device including any electronic serial number, computer software, mobile identification number, service access card, account number, or personal identification number used to acquire, receive, use, decrypt or transmit an electronic communication service without the actual consent or knowledge of the electronic communication service provider.
“Manufacture of an unlawful electronic communication device” means to make, produce or assemble an unlawful electronic communication device, or to modify, alter, program or reprogram an electronic communication device to be capable of performing any of the illegal functions of an unlawful electronic communication device as that term is defined in this section.
“Sell” means to sell, exchange, lease, give or dispose of to another or to offer or agree to do the same.
“Unlawful electronic communication device” means any electronic communication device that has been manufactured, designed, developed, altered, modified, programmed or reprogrammed, alone or in conjunction with another electronic communication device, so as to be capable of facilitating the disruption, acquisition, receipt, transmission, retransmission or decryption of an electronic communication service without the actual consent or knowledge of the electronic communication service provider. Such unlawful devices include, but are not limited to (i) any device, technology, product, service, equipment, computer software, or any component or part thereof, primarily distributed, sold, designed, assembled, developed, manufactured, modified, programmed, reprogrammed or used for the purpose of facilitating the unauthorized receipt of, transmission of, disruption of, decryption of, access to, or acquisition of any electronic communication service provided by any electronic communication service provider; and (ii) any type of instrument, device, machine, equipment, technology, or software that is primarily designed, assembled, manufactured, developed, sold, distributed, possessed, used or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any electronic communication service or of any data, audio or video programs or transmissions, to protect any such electronic communication, data, audio or video services, programs or transmissions from unauthorized receipt, acquisition, access, decryption, disclosure, communication, transmission or retransmission.
CREDIT(S)
Acts 1993, c. 439; Acts 1998, c. 518; Acts 2002, c. 671; Acts 2003, c. 354.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-190.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5.1. Offenses Involving Telecommunication Devices (Refs & Annos)
§ 18.2-190.2. Possession of an unlawful electronic communication device or equipment etc., used to manufacture such device; penalty
A person who knowingly possesses (i) an unlawful electronic communication device or (ii) equipment or materials used to manufacture an unlawful electronic communication device as defined in § 18.2-190.1 with the intent to manufacture an unlawful electronic communication device shall be guilty of a Class 6 felony unless such possession is by an electronic communication equipment manufacturer while lawfully acting in that capacity, or a facilities-based electronic communication service provider licensed by the Federal Communications Commission or by a law-enforcement agency.
CREDIT(S)
Acts 1993, c. 439; Acts 1998, c. 518; Acts 2002, c. 671; Acts 2003, c. 354.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-190.3
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5.1. Offenses Involving Telecommunication Devices (Refs & Annos)
§ 18.2-190.3. Sale of an unlawful electronic communication device; penalty
A person who (i) knowingly sells an unlawful electronic communication device or (ii) sells material, including hardware, data, computer software or other information or equipment, knowing, or having reason to know, that the purchaser or a third person intends to use such material in the manufacture of an unlawful electronic communication device, shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1993, c. 439; Acts 1998, c. 518; Acts 2002, c. 671; Acts 2003, c. 354.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-190.4
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5.1. Offenses Involving Telecommunication Devices (Refs & Annos)
§ 18.2-190.4. Manufacture of an unlawful electronic communication device; penalty
A person who knowingly manufactures an unlawful electronic communication device shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1993, c. 439; Acts 1998, c. 518; Acts 2002, c. 671; Acts 2003, c. 354.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-190.5
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5.1. Offenses Involving Telecommunication Devices (Refs & Annos)
§ 18.2-190.5. Separate offenses; penalty
For purposes of imposing criminal penalties for violations of §§ 18.2-190.3 and 18.2-190.4, the commission of the prohibited activity regarding each unlawful electronic communication device shall be deemed a separate offense.
CREDIT(S)
Acts 2002, c. 671; Acts 2003, c. 354.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-190.6
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5.1. Offenses Involving Telecommunication Devices (Refs & Annos)
§ 18.2-190.6. Restitution
The court may, in addition to any other sentence authorized by law, require a person convicted of violating § 18.2-190.3 or § 18.2-190.4 to make restitution in the manner provided in § 19.2-305.1.
CREDIT(S)
Acts 2002, c. 671.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-190.7
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5.1. Offenses Involving Telecommunication Devices (Refs & Annos)
§ 18.2-190.7. Repealed by Acts 2004, c. 995
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-190.8
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 5.1. Offenses Involving Telecommunication Devices (Refs & Annos)
§ 18.2-190.8. Civil relief; damages
Any electronic communication service provider aggrieved by a violation of this article may seek both injunctive and equitable relief and an award of damages including attorney's fees and costs. In addition to any other remedy provided by law, the party aggrieved may recover an award of actual damages or $500, whichever is greater, for each unlawful electronic communications device involved in the action. In any case in which the court finds that the violation was committed for purposes of commercial advantage or financial gain, the award shall be increased by an amount not to exceed three times the actual damages sustained or $1,500 for each unlawful electronic communications device involved, whichever is greater.
CREDIT(S)
Acts 2002, c. 671; Acts 2003, c. 354.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 6, Art. 6, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Article 6. Offenses Relating to Credit Cards
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-191
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-191. Definitions
The following words and phrases as used in this article, unless a different meaning is plainly required by the context, shall have the following meanings:
“Acquirer” means a business organization, financial institution or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card or credit card number for money, goods, services or anything else of value.
“Cardholder” means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.
“Credit card” means any instrument or device, whether known as a credit card, credit plate, payment device number, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit. For the purpose of this article, “credit card” shall also include a similar device, whether known as a debit card, or any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value by charging the account of the cardholder with a bank or any other person even though no credit is thereby extended.
“Expired credit card” means a credit card which is no longer valid because the term shown on it has elapsed.
“Issuer” means the business organization or financial institution or its duly authorized agent which issues a credit card.
“Payment device number” means any code, account number or other means of account access, other than a check, draft or similar paper instrument, that can be used to obtain money, goods, services or anything else of value, or to initiate a transfer of funds. “Payment device number” does not include an encoded or truncated credit card number or payment device number.
“Receives” or “receiving” means acquiring possession or control of the credit card number or payment device number or accepting the same as security for a loan.
“Revoked credit card” means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
“Sales draft” means a paper form evidencing a purchase of goods, services or anything else of value from a merchant through the use of a credit card.
“Cash
advance/
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1977, c. 103; Acts 1980, c. 99; Acts 1985, c. 266; Acts 1991, c. 546.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-192
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-192. Credit card theft
(1) A person is guilty of credit card or credit card number theft when:
(a) He takes, obtains or withholds a credit card or credit card number from the person, possession, custody or control of another without the cardholder's consent or who, with knowledge that it has been so taken, obtained or withheld, receives the credit card or credit card number with intent to use it or sell it, or to transfer it to a person other than the issuer or the cardholder; or
(b) He receives a credit card or credit card number that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use, to sell or to transfer the credit card or credit card number to a person other than the issuer or the cardholder; or
(c) He, not being the issuer, sells a credit card or credit card number or buys a credit card or credit card number from a person other than the issuer; or
(d) He, not being the issuer, during any twelve-month period, receives credit cards or credit card numbers issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of § 18.2-194 and subdivision (1) (c) of this section.
(2) Credit card or credit card number theft is grand larceny and is punishable as provided in § 18.2-95.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 318; Acts 1985, c. 266.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-193
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-193. Credit card forgery
(1) A person is guilty of credit card forgery when:
(a) With intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value, or any other person, he falsely makes or falsely embosses a purported credit card or utters such a credit card; or
(b) He, not being the cardholder or a person authorized by him, with intent to defraud the issuer, or a person or organization providing money, goods, services or anything else of value, or any other person, signs a credit card; or
(c)
He, not being the cardholder or a person authorized by him, with intent to
defraud the issuer, or a person or organization providing money, goods, services
or anything else of value, or any other person, forges a sales draft or cash
advance/
(2) A person falsely makes a credit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or alters a credit card which was validly issued.
(3) A person falsely embosses a credit card when, without the authorization of the named issuer, he completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder. Conviction of credit card forgery shall be punishable as a Class 5 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1980, c. 99; Acts 1985, c. 266.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-194
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-194. Unauthorized possession of two or more signed credit cards or credit card numbers
When a person, other than the cardholder or a person authorized by him, possesses two or more credit cards which are signed or two or more credit card numbers, such possession shall be prima facie evidence that said cards or credit card numbers were obtained in violation of § 18.2-192.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1985, c. 266; Acts 2005, c. 157.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-195
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-195. Credit card fraud; conspiracy; penalties
(1) A person is guilty of credit card fraud when, with intent to defraud any person, he:
(a) Uses for the purpose of obtaining money, goods, services or anything else of value a credit card or credit card number obtained or retained in violation of § 18.2-192 or a credit card or credit card number which he knows is expired or revoked;
(b) Obtains money, goods, services or anything else of value by representing (i) without the consent of the cardholder that he is the holder of a specified card or credit card number or (ii) that he is the holder of a card or credit card number and such card or credit card number has not in fact been issued;
(c) Obtains control over a credit card or credit card number as security for debt; or
(d) Obtains money from an issuer by use of an unmanned device of the issuer or through a person other than the issuer when he knows that such advance will exceed his available credit with the issuer and any available balances held by the issuer.
(2) A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card or credit card number by the cardholder, or any agent or employee of such person, is guilty of a credit card fraud when, with intent to defraud the issuer or the cardholder, he:
(a) Furnishes money, goods, services or anything else of value upon presentation of a credit card or credit card number obtained or retained in violation of § 18.2-192, or a credit card or credit card number which he knows is expired or revoked;
(b) Fails to furnish money, goods, services or anything else of value which he represents or causes to be represented in writing or by any other means to the issuer that he has furnished; or
(c) Remits to an issuer or acquirer a record of a credit card or credit card number transaction which is in excess of the monetary amount authorized by the cardholder.
(3) Conviction of credit card fraud is punishable as a Class 1 misdemeanor if the value of all money, goods, services and other things of value furnished in violation of this section, or if the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer to have been furnished in violation of this section, does not exceed $200 in any six-month period; conviction of credit card fraud is punishable as a Class 6 felony if such value exceeds $200 in any six-month period.
(4) Any person who conspires, confederates or combines with another, (i) either within or without the Commonwealth to commit credit card fraud within the Commonwealth or (ii) within the Commonwealth to commit credit card fraud within or without the Commonwealth, is guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1978, c. 364; Acts 1980, c. 99; Acts 1981, c. 197; Acts 1985, c. 266; Acts 1991, c. 546.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-195.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-195.1. Credit card factoring
A. Any authorized person who presents to the issuer or acquirer for payment a credit card or credit card number transaction record of a sale which was not made by such person or his agent or employee, without the express authorization of the acquirer and with intent to defraud the issuer, acquirer or cardholder, is guilty of a Class 5 felony. If such act is done without authorization of the acquirer but without intent to defraud, he shall be guilty of a Class 1 misdemeanor.
B. Any person who, without the express authorization of the acquirer and with intent to defraud the issuer, acquirer or cardholder, employs or otherwise causes an authorized person to remit to an acquirer or issuer a credit card transaction record of sale that was not made by the authorized person is guilty of a Class 5 felony. If such act is done without the authorization of the acquirer but without intent to defraud, he shall be guilty of a Class 1 misdemeanor.
C. As used in this section, “authorized person” means a person authorized by the acquirer to furnish money, goods, services or anything else of value upon presentation of a credit card or credit card number by a cardholder and includes an agent or employee of a person having such authority.
CREDIT(S)
Acts 1991, c. 546.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-195.2
Effective: July 1, 2007
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-195.2. Fraudulent application for credit card; penalties
A. A person shall be guilty of a Class 1 misdemeanor if he makes, causes to be made or conspires to make, directly, indirectly or through an agency, any materially false statement in writing concerning the financial condition or means or ability to pay of himself or of any other person for whom he is acting or any firm or corporation in which he is interested or for which he is acting, knowing the statement to be false and intending that it be relied upon for the purpose of procuring a credit card. However, if the statement is made in response to an unrequested written solicitation from the issuer or an agent of the issuer to apply for a credit card, he shall be guilty of a Class 4 misdemeanor.
B. A person who knows that a false statement has been made in writing concerning the financial condition or ability to pay of himself or of any person for whom he is acting or any firm or corporation in which he is interested or for which he is acting and who with intent to defraud, procures a credit card, upon the faith of such false statement, for his own benefit, or for the benefit of the person, firm or corporation in which he is interested or for which he is acting, and obtains by use of the credit card, money, property, services or any thing of value, is guilty of grand larceny if the value of whatever is obtained is $200 or more or petit larceny if the value is less than $200.
C. As used in this section, “in writing” shall include information transmitted by computer, facsimile, e-mail, Internet, or any other electronic medium, and shall not include information transmitted by any such medium by voice transmission.
CREDIT(S)
Acts 1991, c. 546; Acts 2007, c. 518.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-196
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-196. Criminal possession of credit card forgery devices
(1) A person is guilty of criminal possession of credit card forgery devices when:
(a) He is a person other than the cardholder and possesses two or more incomplete credit cards, with intent to complete them without the consent of the issuer; or
(b) He possesses, with knowledge of its character, machinery, plates or any other contrivance designed to reproduce instruments purporting to be credit cards of an issuer who has not consented to the preparation of such credit cards.
(2) A credit card is incomplete if part of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder, has not yet been stamped, embossed, imprinted or written upon.
Conviction of criminal possession of credit card forgery devices is punishable as a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-196.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-196.1. Unlawful use of payment card scanning devices and re-encoders; penalty
A. Any person who with malicious intent uses a scanning device or a re-encoder on the payment card of another without the permission of the authorized payment card user is guilty of a Class 1 misdemeanor.
B. Any person who violates this section and sells or distributes such information to another is guilty of a Class 6 felony.
C. Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 6 felony.
D. For the purposes of this section:
1. “Authorized payment card user” means any person with the authorization or permission to use any payment card to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.
2. “Merchant” means an owner or operator of any mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator who receives from an authorized payment card user or someone he believes to be an authorized payment card user, a payment card or information from a payment card, or what he believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from him.
3. “Payment card” means a credit card, charge card, debit card, hotel key card, stored-value card, white plastic, or any other card containing encoded information that allows an authorized payment card user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.
4. “Re-encoder” means an electronic device that transfers encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.
5. “Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, temporarily store, or permanently store encoded information on the magnetic strip or stripe of a payment card.
CREDIT(S)
Acts 2005, c. 166.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-197
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-197. Criminally receiving goods and services fraudulently obtained
A person is guilty of criminally receiving goods and services fraudulently obtained when he receives money, goods, services or anything else of value obtained in violation of subsection (1) of § 18.2-195 with the knowledge or belief that the same were obtained in violation of subsection (1) of § 18.2-195. Conviction of criminal receipt of goods and services fraudulently obtained is punishable as a Class 1 misdemeanor if the value of all money, goods, services and anything else of value, obtained in violation of this section, does not exceed $200 in any six-month period; conviction of criminal receipt of goods and services fraudulently obtained is punishable as a Class 6 felony if such value exceeds $200 in any six-month period.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1981, c. 197.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-198
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-198. Obtaining airline, railroad, steamship, etc., ticket at discount price
A person who obtains at a discount price a ticket issued by an airline, railroad, steamship or other transportation company from other than an apparent agent of such company which was acquired in violation of subsection (1) of § 18.2-195 without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be presumed to know that such ticket was acquired under circumstances constituting a violation of subsection (1) of § 18.2-195.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-198.1
Effective: July 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-198.1. Venue
Notwithstanding the provisions of § 19.2-244, a prosecution for a violation of this article may be had in any county or city in which (i) any act in furtherance of the crime was committed or (ii) an issuer or acquirer, or an agent of either, sustained a financial loss as a result of the offense. A prosecution for a violation of § 18.2-192 may be had in any county or city where a credit card number is used, is attempted to be used, or is possessed with intent to violate § 18.2-193, 18.2-195, or 18.2-197.
CREDIT(S)
Acts 1991, c. 546; Acts 2008, c. 797.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-199
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 6. Offenses Relating to Credit Cards (Refs & Annos)
§ 18.2-199. Penalties for violation of article
Persons violating any provision of this article for which no other specific punishment is provided for shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-200
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-200. Failure to perform promise to deliver crop, etc., in return for advances
If any person obtain from another an advance of money, merchandise or other thing, upon a promise in writing that he will send or deliver to such other person his crop or other property, and fraudulently fail or refuse to perform such promise, and also fail to make good such advance, he shall be deemed guilty of the larceny of such money, merchandise or other thing.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-200.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-200.1. Failure to perform promise for construction, etc., in return for advances
If any person obtain from another an advance of money, merchandise or other thing, of value, with fraudulent intent, upon a promise to perform construction, removal, repair or improvement of any building or structure permanently annexed to real property, or any other improvements to such real property, including horticulture, nursery or forest products, and fail or refuse to perform such promise, and also fail to substantially make good such advance, he shall be deemed guilty of the larceny of such money, merchandise or other thing if he fails to return such advance within fifteen days of a request to do so sent by certified mail, return receipt requested, to his last known address or to the address listed in the contract.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1987, c. 358.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-201
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-201. Advances secured by fraudulent promise to perform agricultural labor
If any person enter into a contract of employment, oral or written, for the performance of personal service to be rendered within one year, in and about the cultivation of the soil, and, at any time during the pendency of such contract, thereby obtain from the landowner, or the person so engaged in the cultivation of the soil, advances of money or other thing of value under such contract, with intent to injure or defraud his employer, and fraudulently refuses or fails to perform such service or to refund such money or other thing of value so obtained, he shall be guilty of a Class 3 misdemeanor. But no prosecution hereunder shall be commenced more than sixty days after the breach of such contract.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-202
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§§ 18.2-202, 18.2-203. Repealed by Acts 2004, c. 459
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-203
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§§ 18.2-202, 18.2-203. Repealed by Acts 2004, c. 459
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-204
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-204. False statement for the purpose of defrauding industrial sick benefit company
Any agent, physician or other person who shall knowingly or willfully make any false or fraudulent statement or representation of any material fact:
(1) In or with reference to any application for insurance in any industrial sick benefit company licensed, or which may be licensed, to do business in this Commonwealth,
(2) As to the death or disability of a policy or certificate holder in any such company,
(3) For the purpose of procuring or attempting to procure the payment of any false or fraudulent claim against any such company, or
(4) For the purpose of obtaining or attempting to obtain any money from or benefit in any such company,
shall be guilty of a Class 3 misdemeanor.
Any such person who shall willfully make a false statement of any material fact or thing in a sworn statement as to the death or disability of a policy or certificate holder in any such company for the purpose of procuring payment of a benefit named in the policy or certificate of such holder, shall be guilty of perjury, and shall be proceeded against and punished as provided by the statutes of this Commonwealth in relation to the crime of perjury.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-204.1
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-204.1. Fraudulent use of birth certificates, etc.; penalty
A. Any person who obtains or possesses a fictitious birth certificate or the birth certificate of another for the purpose of establishing a false identity for himself is guilty of a Class 1 misdemeanor. Any person who manufactures, sells, or transfers a fictitious birth certificate or the birth certificate of another for the purpose of establishing a false identity for himself or for another person is guilty of a Class 6 felony.
B. Except as provided in subsection A, any person who obtains, possesses, sells, or transfers any document for the purpose of establishing a false status, occupation, membership, license or identity for himself or any other person is guilty of a Class 1 misdemeanor.
C. Any person who obtains, possesses, sells, or transfers such birth certificate or document with the intent that such certificate or document be used to purchase a firearm is guilty of a Class 6 felony.
D. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies in the performance of their duties.
E. The provisions of this section shall not preclude prosecution under any other statute.
CREDIT(S)
Acts 1978, c. 615; Acts 1979, c. 479; Acts 1981, c. 593; Acts 2003, c. 889; Acts 2003, c. 914; Acts 2003, c. 918; Acts 2006, c. 271; Acts 2011, c. 401.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-204.2
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-204.2. Manufacture, sale, etc., or possession of fictitious, facsimile or simulated official license or identification; penalty
A. Except as provided in subsection D of § 18.2-204.1, it shall be unlawful for any person to manufacture, advertise for sale, sell or possess any fictitious, facsimile or simulated driver's license issued by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any foreign country or government; United States Armed Forces identification card; United States passport or foreign government visa; Virginia Department of Motor Vehicles special identification card; official identification issued by any other federal, state or foreign government agency; or official university or college student identification card, or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid license or identification of any type specified in this subsection.
B. Any person manufacturing, advertising for sale, selling or reproducing such card or facsimile thereof shall be guilty of a Class 1 misdemeanor.
C. Any person possessing any such card or facsimile thereof shall be guilty of a Class 2 misdemeanor.
D. The provisions of this section shall not preclude an election to prosecute under § 18.2-172, except to prosecute for forgery or uttering of such license or identification card or facsimile thereof as proof of age.
CREDIT(S)
Acts 1980, c. 281; Acts 1989, c. 705; Acts 1992, c. 531; Acts 2006, c. 445; Acts 2006, c. 484; Acts 2011, c. 401.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-204.3
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-204.3. Transfers for the sole or primary purpose of obtaining a lower unemployment tax rate; penalty
A. Any person who transfers or attempts to transfer any trade or business to another person, where the sole or primary purpose of the transfer is to obtain a lower unemployment tax rate, is guilty of a Class 1 misdemeanor.
B. Any person who knowingly advises another person to transfer any trade or business to another person where the sole or primary purpose of the transfer is to obtain a lower unemployment tax rate, is guilty of a Class 1 misdemeanor.
C. Any person who is found guilty of more than two such actions under subsections A or B is guilty of a Class 6 felony.
D. It shall be the duty of the attorney for the Commonwealth to whom the Commission shall report, pursuant to subsection B of § 60.2-500, any violation of this section, to determine whether to proceed with prosecution.
CREDIT(S)
Acts 2005, c. 47, eff. March 20, 2005; Acts 2005, c. 91, eff. March 20, 2005.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-205
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-205. False pretense in obtaining registration of cattle and other animals and giving false pedigree
Every person who by any false pretense shall obtain from any club, association, society or company for improving the breed of cattle, horses, sheep, swine or other domestic animals the registration of any animal in the herd register or other register of any such club, association, society or company, or a transfer of any such registration, and every person who shall knowingly give a false pedigree of any animal shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-206
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-206. Procuring an animal, aircraft, vehicle or boat with intent to defraud
If any person procure any such animal, aircraft, vehicle, boat or vessel mentioned in § 18.2-149 by fraud or by misrepresenting himself as some other person or with the intent to cheat or defraud such other person, he shall be guilty of a Class 1 misdemeanor. The failure to pay the rental for or damage to such animal, aircraft, vehicle, boat or vessel, or absconding without paying such rental or damage, shall be prima facie evidence of the intent to defraud at the time of renting or leasing such animal, aircraft, vehicle, boat or vessel.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-207
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-207. Making false entry, etc., in marriage register, etc.
If any clerk of a court, commissioner of the revenue, physician, surgeon, medical examiner or minister celebrating a marriage, or clerk or keeper of the records of any religious society, shall, in any book, register, record, certificate or copy which such person is by Title 20 (§ 20-13 et seq.) required to keep, make, or give, knowingly make any false, erroneous, or fraudulent entry, record, registration, or written statement, he shall, for every such offense, be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-208
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-208. Making false statement, etc., for marriage record, etc.
If any person, upon whose information or statement any record or registration may lawfully be made under Title 20 (§ 20-13 et seq.), knowingly give any false information, or make any false statement to be used for the purpose of making any such record or registration, he shall, for every such offense, be guilty of a Class 4 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-209
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-209. False publications
Any person who knowingly and willfully states, delivers or transmits by any means whatever to any publisher, or employee of a publisher, of any newspaper, magazine, or other publication or to any owner, or employee of an owner, of any radio station, television station, news service or cable service, any false and untrue statement, knowing the same to be false or untrue, concerning any person or corporation, with intent that the same shall be published, broadcast or otherwise disseminated, shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1978, c. 359.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-209.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-209.1. Penalties for false certificate or failure to give bond
A. If any clerk make a certificate as to any bond of a special commissioner appointed under Article 11 (§ 8.01-96 et seq.) of Chapter 3 of Title 8.01, knowing it to be false, he shall be guilty of a Class 3 misdemeanor, and shall, upon conviction, be removed from his office.
B. If any special commissioner appointed under Article 11 of Chapter 3 of Title 8.01 shall advertise property for sale or rent, and shall sell or rent the same before he shall have given bond as is required by § 8.01-99, he shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1978, c. 718.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-209.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-209.2. Failure of clerk to give notice of appointment of special commissioner to collect purchase money or rent
If any clerk fail to give notice as required by § 8.01-103 of a special commissioner, he shall be guilty of a Class 4 misdemeanor.
CREDIT(S)
Acts 1978, c. 718.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-210
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-210. Stamping, etc., on newspapers, any word, etc., to cause belief it was done by publisher; circulating such newspapers
No person, without first obtaining the consent of the publisher so to do, shall affix to, or place or insert in, or print, stamp or impress upon any newspaper or any part thereof, after the same shall have been issued for circulation by the publisher thereof, any word, figure, design, picture, emblem or advertisement with intent to cause, or which when so affixed, placed, inserted, printed, stamped or impressed may cause, the public to believe that such word, figure, design, picture, emblem or advertisement was affixed, placed, printed, inserted, stamped or impressed in and upon such newspaper by the publisher of the same as a part thereof.
No person shall knowingly circulate, distribute or sell, or cause to be circulated, distributed or sold, any newspaper upon which has been so affixed, placed, inserted, printed, stamped or impressed any word, figure, design, picture, emblem or advertisement in violation of the terms hereof.
Any person violating the provisions hereof shall be guilty of a Class 4 misdemeanor. Each violation shall constitute a separate offense.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-211
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-211. Repealed by Acts 2004, c. 459
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-212
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-212. Calling or summoning ambulance or fire-fighting apparatus without just cause; maliciously activating fire alarms in public buildings; venue
A. Any person who without just cause therefor, calls or summons, by telephone or otherwise, any ambulance, or fire-fighting apparatus, or any person who maliciously activates a manual or automatic fire alarm in any building used for public assembly or for other public use, including, but not limited to, schools, theaters, stores, office buildings, shopping centers and malls, coliseums and arenas, regardless of whether fire apparatus responds or not, shall be deemed guilty of a Class 1 misdemeanor.
B. A violation of this section may be prosecuted either in the jurisdiction from which the call or summons was made or in the jurisdiction where the call or summons was received.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 75; Acts 1982, c. 502.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-212.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-212.1. Unlawful for person not blind or incapacitated to carry white, white tipped with red or metallic cane
It is unlawful for any person, unless totally or partially blind or otherwise incapacitated, while on any public street or highway to carry in a raised or extended position a cane or walking stick which is metallic or white in color or white tipped with red. Any person violating any provisions of this section shall be guilty of a Class 4 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-213
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-213. Simulation of warrants, processes, writs and notices
Any person who, for the purpose of collecting money, shall knowingly deliver, mail, send or otherwise use or cause to be used any paper or writing simulating or intended to simulate any warrant, process, writ, notice of execution lien or notice of motion for judgment shall be guilty of a Class 4 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-213.1
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 7. Miscellaneous False and Fraudulent Acts
§ 18.2-213.1. Obtaining certification as small, women-owned, or minority-owned business, or disadvantaged business by deception; penalty
A. Except as otherwise provided by § 18.2-498.3, a person shall be guilty of a Class 1 misdemeanor if, in the course of business, he:
1. Fraudulently obtains or retains certification as a small, women-owned, or minority-owned business or disadvantaged business;
2. Willfully makes a false statement knowing it to be untrue, whether by affidavit, report or other representation, to an official or employee of a public body for the purpose of influencing the certification or denial of certification of any business entity as a small, women-owned, or minority-owned business, or disadvantaged business;
3. Willfully obstructs or impedes any agency official or employee who is investigating the qualifications of a business entity which has requested certification as a small, women-owned, or minority-owned business, or disadvantaged business; or
4. Fraudulently obtains public moneys reserved for or allocated or available to small, women-, or minority-owned businesses or disadvantaged business.
B. For the purposes of this section, “minority-owned business,” and “small business” and “women-owned business” shall have the same meaning as those terms are defined in § 2.2-1401 and “disadvantaged business” shall mean the same as that term is defined in § 2.2-2311.
CREDIT(S)
Acts 1987, c. 689; Acts 1989, c. 570; Acts 2006, c. 831; Acts 2006, c. 921; Acts 2009, c. 869.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 6, Art. 8, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Article 8. Misrepresentations and Other Offenses Connected with Sales
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-214
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-214. Changing or removing, etc., trademarks, identification marks, etc.
Any person, firm, association or corporation who or which intentionally removes, defaces, alters, changes, destroys or obliterates in any manner or way or who causes to be removed, defaced, altered, changed, destroyed or obliterated in any manner or way any trademark, distinguishment or identification number, serial number or mark on or from any article or device, in order to secrete its identification with intent to defraud, shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-214.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-214.1. Penalties for failure to report removal or alteration of identification or serial number on business machines
It shall be unlawful for any person, firm, association, or corporation regularly engaged in the business of repairing, selling, renting or leasing of business machines to fail to report any business machine which such person, firm, association, or corporation knows has an altered or removed identification or serial number. The report shall be made to the appropriate law-enforcement agency for the county, city, or town where such business machine is located.
For purposes of this section, the term “business machines” includes, but is not limited to, typewriters, adding machines, check-writing machines, cash registers, calculators, addressing machines, copying, and accounting equipment, and recording equipment.
Any person, firm, association, or corporation violating the provisions of this section shall be guilty of a Class 4 misdemeanor.
CREDIT(S)
Acts 1981, c. 186 Acts 1982, c. 154.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-215
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-215. Removal or alteration of identification numbers on household electrical appliances; possession of such appliances
No person, firm, association or corporation, either individually or in association with one or more other persons, firms, associations or corporations shall remove, change or alter the serial number or other identification number stamped upon, cut into or attached as a permanent part of any household or electrical or electronic appliance where such number was stamped upon, cut into or attached to such appliance by the manufacturer thereof.
No person, firm, association or corporation shall knowingly have in his or its possession for the purpose of resale or keep in his possession for a period in excess of forty-eight hours without reporting such possession to the appropriate law-enforcement agency in his county, town or city a household or electrical or electronic appliance, with knowledge that the serial number or other identification number has been removed, changed or altered.
Any person, firm, association or corporation violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 305.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-216
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-216. Untrue, deceptive or misleading advertising, inducements, writings or documents
Any person, firm, corporation or association who, with intent to sell or in anywise dispose of merchandise, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any interest therein, makes, publishes, disseminates, circulates or places before the public, or causes, directly or indirectly to be made, published, disseminated, circulated or placed before the public, in a newspaper or other publications, or in the form of a book, notice, handbill, poster, blueprint, map, bill, tag, label, circular, pamphlet or letter or in any other way, an advertisement of any sort regarding merchandise, securities, service, land, lot or anything so offered to the public, which advertisement contains any promise, assertion, representation or statement of fact which is untrue, deceptive or misleading, or uses any other method, device or practice which is fraudulent, deceptive or misleading to induce the public to enter into any obligation, shall be guilty of a Class 1 misdemeanor.
The actions prohibited in this section, shall be construed as including (i) the advertising in any manner by any person of any goods, wares or merchandise as a bankrupt stock, receiver's stock or trustee's stock, if such stock contains any goods, wares or merchandise put therein subsequent to the date of the purchase by such advertiser of such stock, and if such advertisement of any such stock fail to set forth the fact that such stock contains other goods, wares or merchandise put therein, subsequent to the date of the purchase by such advertiser of such stock in type as large as the type used in any other part of such advertisement, including the caption of the same, it shall be a violation of this section; and (ii) the use of any writing or document which appears to be, but is not in fact a negotiable check, negotiable draft or other negotiable instrument unless the writing clearly and conspicuously, in at least 14-point bold type, bears the phrase “THIS IS NOT A CHECK” printed on its face.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1975, c. 507; Acts 2005, c. 150.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-216.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-216.1. Unauthorized use of name or picture of any person; punishment
A person, firm, or corporation that knowingly uses for advertising purposes, or for the purpose of trade, the name, portrait, or picture of any person resident in the Commonwealth, without having first obtained the written consent of such person, or if dead, of his surviving consort, or if none, his next of kin, or, if a minor, of his or her parent or guardian, as well as that of such minor, shall be deemed guilty of a misdemeanor and be fined not less than $50 nor more than $1,000.
CREDIT(S)
Acts 1977, c. 624.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-217
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-217. Advertising merchandise, etc., for sale with intent not to sell at price or terms advertised; prima facie evidence of violation
(a) Any person, firm, corporation or association who in any manner advertises or offers for sale to the public any merchandise, goods, commodity, service or thing with intent not to sell, or with intent not to sell at the price or upon the terms advertised or offered, shall be guilty of a Class 1 misdemeanor.
(b) In any prosecution or civil action under this section, the refusal by any person, firm, corporation or association or any employee, agent or servant thereof to sell, or the refusal to sell at the price or upon the terms advertised or offered, any merchandise, goods, commodity, service or thing advertised or offered for sale to the public, shall be prima facie evidence of a violation of this section; provided, that this subsection shall not apply when it is clearly stated in the advertisement or offer by which such merchandise, goods, commodity, service or thing is advertised or offered for sale to the public, that the advertiser or offeror has a limited quantity or amount of such merchandise, goods, commodity, service or thing for sale, and the advertiser or offeror at the time of such advertisement or offer did in fact have at least such quantity or amount for sale.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-218
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-218. Failure to indicate goods, etc., are “seconds,” “irregulars,” “secondhand,” etc.
Any person, firm, corporation or association who in any manner knowingly advertises or offers for sale to the public any merchandise, goods, commodity or thing which is defective, blemished, secondhand or used, or which has been designated by the manufacturer thereof as “seconds,” “irregulars,” “imperfects,” “not first class,” or words of similar import without clearly and unequivocally indicating in the advertisement or offer of the merchandise, goods, commodity or thing or the articles, units or parts, thereof so advertised or offered for sale to the public is defective, blemished, secondhand or used or consists of “seconds,” “irregulars,” “imperfects” or “not first class,” shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-219
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-219. Repealed by Acts 1992, c. 768
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-220
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-220. Use of word “wholesale” or “wholesaler”
Any person, firm, corporation or association who in any manner in any advertisement or offer for sale to the public of any merchandise, goods, commodity or thing uses the words “wholesale” or “wholesaler” to represent or describe the nature of its business shall be guilty of a Class 1 misdemeanor, unless such person, firm, corporation or association is actually engaged in selling at wholesale the merchandise, goods, commodity or thing advertised or offered for sale.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-221
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-221. Advertising new or used automobiles or trucks
Any person, firm, corporation or association engaged in selling new or used automobiles or trucks to the public shall be guilty of a Class 2 misdemeanor unless, in any printed advertisement or printed offer in which a price is stated, the following is included: (a) the make, year, and model of such automobile or truck; (b) if reference is made to items of optional equipment which are not included in the advertised price, the additional cost of each such items of optional equipment; and (c) if the manufacturer's suggested retail price is stated, whether such price is an F.O.B. factory or delivered price.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1985, c. 420.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-222
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-222. Misrepresentation as to source of merchandise; penalty
No person, firm, corporation or association selling or offering for sale any article or merchandise, shall in any manner represent, contrary to fact, that the article was made for, or acquired directly or indirectly from, the United States government or its military or naval forces or any agency of the United States government, or that it has been disposed of by the United States government.
Any person, firm, corporation or association violating any provision of this section shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1983, c. 290.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-223
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-223. “Going out of business” sales; permit required
It shall be unlawful for any person to advertise, or conduct, a sale for the purpose of discontinuing a retail business, or to modify the word “sale” in any advertisement with the words “going out of business” or any other words which tend to insinuate that the retail business is to be discontinued and the merchandise liquidated, unless such person obtains a permit to conduct such sale from the city, town or county, or from each city, town or county, wherein such sale is to be conducted.
A violation of the provisions of this section shall be punishable as a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-224
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-224. “Going out of business” sales; counties, cities and towns to issue permits; inspections; application for permit; inventory required; commingling of other goods prohibited; duration; additional permits; inclusion of permit number and dates in advertisements; fee
Every county, town and city shall issue permits to retail merchants for special sales as required by § 18.2-223 upon the application of such merchant and shall inspect the advertisement and conducting of such sale to insure that it is being advertised and conducted in conformity with the required permit.
All applications for special sale permits shall be accompanied by an inventory, including the kind and quantity of all goods which are to be offered for sale during the sale and only the goods specified in the inventory list may be advertised or sold during the sale period. Goods not included on the inventory of special sale goods shall not be commingled with or added to the special sale goods. Each county, city or town shall have the right to revoke a special sale permit upon proof that goods not appearing on the original inventory of special sale goods have been commingled with or added to the special sale goods.
Each special sale permit shall be valid for a period of no longer than sixty days, and any extension of that time shall constitute a new special sale and shall require an additional permit and inventory. A maximum of one permit beyond the initial sixty-day permit may be granted solely for the purpose of liquidating only those goods contained in the initial inventory list which remain unsold.
Any person who advertises such sale shall conspicuously include in the advertisement the permit number assigned for the sale by the city, town or county wherein the sale is to be conducted and the effective dates of the sale as authorized in the permit.
Each county, town and city is authorized to charge a fee for the issuance of special sale permits. Such fee shall not exceed sixty-five dollars for each permit.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1983, c. 445; Acts 1988, c. 779; Acts 1992, c. 562.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-225
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-225. Misrepresentations as to agricultural products
Misrepresentation by advertising in the press or by radio or by television, or misrepresentation by letter, statement, mark representing grade, quality or condition, label or otherwise in handling, selling, offering or exposing for sale any agricultural commodities is hereby prohibited.
Any person, firm, association or corporation who shall violate any of the provisions of this section shall be guilty of a Class 3 misdemeanor.
The Director of the Division of Marketing, with the approval of the Commissioner of Agriculture and Consumer Services, may, in his discretion, cause prosecutions for violations of this section to be instituted through the attorneys for the Commonwealth, or otherwise, in counties or cities of the Commonwealth where in his opinion violations of this section are found.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-226
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-226. Fraud and misrepresentation in sale of liquid fuels, lubricating oils and similar products
It shall be unlawful for any person, firm, association or corporation, to store, sell, expose for sale or offer for sale any liquid fuels, lubricating oils or other similar products, in any manner whatsoever, so as to deceive or tend to deceive the purchaser as to the nature, quality and identity of the product so sold or offered for sale.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-227
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-227. Same; sale from pump indicating other brand
It shall be unlawful for any person, firm, association or corporation to store, keep, expose for sale, offer for sale or sell, from any tank or container, or from any pump or other distributing device or equipment, any other liquid fuels, lubricating oils or other similar products than those indicated by the name, trade name, symbol, sign or other distinguishing mark or device of the manufacturer or distributor, appearing upon the tank, container, pump or other distributing equipment from which the same are sold, offered for sale or distributed.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-228
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-228. Same; imitating indicia of other brands
It shall be unlawful, for any person, firm, association or corporation to disguise or camouflage his or their own equipment by imitating the design, symbol or trade name of the equipment under which recognized brands of liquid fuels, lubricating oils and similar products are generally marketed.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-229
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-229. Same; false trade name or mixing brands
It shall be unlawful for any person, firm, association or corporation to expose for sale, offer for sale or sell, under any trademark or trade name in general use, any liquid fuels, lubricating oils or other like products, except those manufactured or distributed by the manufacturer or distributor marketing liquid fuels, lubricating oils or other like products under such trademark or trade name, or to substitute, mix or adulterate the liquid fuels, lubricating oils or other similar products sold, offered for sale or distributed under such trademark or trade name.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-230
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-230. Same; assisting in violation of §§ 18.2-226 through 18.2-229
It shall be unlawful for any person, firm, association or corporation to aid or assist any other person, firm, association or corporation in the violation of the provisions of §§ 18.2-226 through 18.2-229 by depositing or delivering into any tank, receptacle or other container any other liquid fuels, lubricating oils or like products than those intended to be stored therein and distributed therefrom, as indicated by the name of the manufacturer or distributor or the trademark or trade name of the product displayed on the container itself, or on the pump or other distributing device used in connection therewith.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-231
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-231. Same; label required
There shall be firmly attached to or painted at or near the point of outlet from which lubricating oil is drawn or poured out for sale or delivery a sign or label consisting of the word or words in letters not less than one inch in height comprising the brand or trade name of such lubricating oil. But if any lubricating oil shall have no brand or trade name, the above sign or label shall consist of the words “lubricating oil, no brand.”
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-232
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-232. Same; punishment for violation of §§ 18.2-226 through 18.2-231
Any person, firm, association or corporation or any officer, agent or employee thereof who shall violate any provision of §§ 18.2-226 through 18.2-231, shall be guilty of a Class 3 misdemeanor; and a second or any subsequent offense shall be punishable as a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-233
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-233. Sale of goods marked “sterling” and “sterling silver”
A person who makes or sells or offers to sell or dispose of or has in his possession with intent to sell or dispose of any article of merchandise marked, stamped or branded with the words “sterling” or “sterling silver,” or encased or enclosed in any box, package, cover or wrapper, or other thing in or by which such article is packed, enclosed or otherwise prepared for sale or disposition, having thereon any engraving or printed label, stamp, imprint, mark or trademark indicating or denoting by such marking, stamping, branding, engraving or printing that such article is silver, sterling silver or solid silver, unless nine hundred and twenty-five one-thousandths part of the component parts of the metal of which such article is manufactured is pure silver, shall be guilty of a Class 2 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-234
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-234. Sale of goods marked “coin” and “coin silver”
A person who makes or sells or offers to sell or dispose of, or has in his possession with intent to sell or dispose of, any article of merchandise marked, stamped or branded with words “coin” or “coin silver,” or encased or enclosed in any box, package, cover, wrapper or other thing in or by which such article is packed, enclosed, or otherwise prepared for sale or disposition, having thereon any engraving or printed label, stamp, imprint, mark or trademark indicating or denoting by such marking, stamping, branding, engraving or printing that such article is coin or coin silver, unless nine hundred one-thousandths part of the component parts of the metal of which such article is manufactured is pure silver, shall be guilty of a Class 2 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-235
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-235. Regulating sale of merchandise made of gold
Any person who marks or sells or offers to sell or dispose of or has in his possession with intent to sell or dispose of any article of merchandise made of gold of a less carat of fineness than is stamped or marked on it or of a less carat of fineness than is engraved, stamped or imprinted on the tag, card, box, label, package, wrapper, cover or other thing in or by which such article is packed, enclosed or otherwise prepared for sale or disposition shall be guilty of a Class 2 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-236
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-236. Repealed by Acts 2006, cc. 392 and 485
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-237
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-237. Buying, etc., certain secondhand materials; intent; possession
If any person buy or receive secondhand grate baskets, keys, bells and bell fixtures, gas fixtures, water fixtures, water pipes, gas pipes, or any part of such fixtures or pipes with intent to defraud, he shall be guilty of a Class 2 misdemeanor. Possession of any such secondhand baskets, keys, bells and bell fixtures, water fixtures, gas fixtures, water pipes, gas pipes, or any part of such fixtures or pipes if bought or received from any other person than the manufacturer thereof or his authorized agent or the owner thereof shall be prima facie evidence of such intent.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-238
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-238. Buying, etc., pig iron, etc., with intent to defraud; possession; evidence of intent
If any person buy or receive pig iron or railroad, telephone, telegraph, coal mining, industrial, manufacturing or public utility iron, brass, copper, metal or any composition thereof with intent to defraud, he shall be guilty of a Class 6 felony. Possession of any pig iron or railroad, telephone, telegraph, coal mining, industrial, manufacturing or public utility iron, brass, copper, metal or any composition thereof, if bought or received from any other person than the manufacturer thereof or his authorized agent or of a regularly licensed dealer therein, shall be prima facie evidence of such intent.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-239
Effective: July 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-239. Pyramid promotional schemes; misdemeanor; definitions; contracts void
Every person who contrives, prepares, sets up, operates, advertises or promotes any pyramid promotional scheme shall be guilty of a Class 1 misdemeanor. For the purposes of this section:
(1) “Compensation” means the transfer of money or anything of value.
“Compensation” does not mean payment based on sales of goods or services to persons who are not participants in the scheme and who are not purchasing in order to participate in the scheme;
(2) “Consideration” means the payment of cash or the purchase of goods, services, or intangible property;
(3) “Promotes” means inducing one or more other persons to become a participant; and
(4) “Pyramid promotional scheme” means any plan or operation by which a person gives consideration for the opportunity to receive compensation a majority of which is derived from the introduction of other persons into the plan or operation rather than from the sale or consumption of goods, services, or intangible property by a participant or other persons introduced into the plan or operation.
All contracts and agreements, now existing or hereafter formed, whereof the whole or any part of the consideration is given for the right to participate in pyramid promotional scheme programs, are against public policy, void and unenforceable.
Any violation of the provisions of this section shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 2008, c. 791; Acts 2008, c. 842.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-240
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-240. Same; injunction
Any attorney for the Commonwealth may petition a court of competent jurisdiction to enjoin the further prosecution of any pyramid promotional scheme as defined in § 18.2-239, and to appoint receivers to secure and distribute in an equitable manner any assets received by any participant as a result of such scheme, any such distribution to effect reimbursement, to the extent possible, for uncompensated payments made to become a participant in the scheme. The procedure in any such suit shall be similar to the procedure in other suits for equitable relief, except that no bond shall be required upon the granting of either a temporary or permanent injunction therein. Any person who organizes an endless chain scheme and, either directly or through an agent, promotes such scheme within the Commonwealth shall be deemed subject to the personal jurisdiction of such court of competent jurisdiction under §§ 8.01-328 through 8.01-330, and shall be liable for reasonable costs and attorneys' fees in such suit.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-241
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-241. Acceptance of promissory notes in payment for food sold at retail
As used in this section, “food” includes food, groceries and beverages, for human consumption. “Retailer” means a person who sells food for consumption and not for resale.
It shall be unlawful for any retailer to accept, in payment for any food sold by him to a customer, a promissory note or notes for an amount in excess of twice the sales price of food delivered by him to the customer. As used in this section the word “delivered” means that actual physical delivery into the exclusive custody and control of the customer is made within seven days of the receipt of the note by the seller.
Any person who violates the provisions of this section shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-242
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-242. Use of games, lotteries, etc., for promoting sale of certain products
(a) No retail establishment in this Commonwealth shall use any game, contest, lottery or other scheme or device, whereby a person or persons may receive gifts, prizes or gratuities as determined by chance for the purpose of promoting, furthering or advertising the sale of any product or products having both a federal and state excise tax placed upon it, and the fact that no purchase is required in order to participate in such game, contest, lottery or scheme shall not exclude such game, contest, lottery or scheme from the provisions of this section.
(b) Any person violating the provision of this section shall be guilty of a Class 3 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-242.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-242.1. Certain referral transactions in connection with consumer sales or leases prohibited; effect of such transactions
(a) For the purpose of this section, the term “consumer sale or lease of goods or services” means the sale or lease of goods or services which are purchased or leased by a natural person primarily for a personal, family or household purpose, and not for resale.
(b) With respect to a consumer sale or lease of goods or services, no seller or lessor shall give or offer to give a rebate or discount or otherwise pay or offer to pay value to the buyer or lessee as an inducement for the sale or lease in return for the buyer's giving to the seller or lessor the names of prospective buyers or lessees, or otherwise aiding the seller or lessor in entering into a transaction with another buyer or lessee, if the earning of the rebate, discount, or other value is contingent upon the occurrence of any sale, lease, appointment, demonstration, interview, conference, seminar, bailment, testimonial or endorsement subsequent to the time the buyer or lessee enters into the agreement of sale or lease.
(c) Agreements made in whole or in part pursuant to a referral transaction as above described shall be void and unenforceable by the seller or lessor. The buyer or lessee shall be entitled to retain the goods, services or money received pursuant to a referral transaction without obligation to make any further or future payments of any sort on the transaction total, or he shall be entitled to avoid the transaction and to recover from the seller or lessor any sums paid to the seller or lessor pursuant to the transaction.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 641.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-243
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-243. When issuer or distributor of advertisements not guilty of violation; inadvertent error
A person, firm, corporation or association who or which, for compensation, issues or distributes any advertisement or offer, written, printed, oral or otherwise, in reliance upon the copy or information supplied him by the advertiser or offeror, shall not be deemed to have violated the provisions of this article, nor shall an inadvertent error on the part of any such person, firm, corporation or association be deemed a violation of such provisions.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-244
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-244. Right to select clientele or customers not affected
Nothing in this article shall be deemed to impair the right of any person, firm, corporation or association to select its clientele or customers.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-245
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-245. Enjoining violation of this article
(a) Any person, firm, corporation or association who violates any one or more of the sections in this article, may be enjoined by any court of competent jurisdiction notwithstanding the existence of an adequate remedy at law. In any action under this section, it shall not be necessary that damages be alleged or proved.
(b) Actions for injunctive relief under this section may be brought by an attorney for the Commonwealth in the name of the Commonwealth of Virginia upon their own complaint or upon the complaint of any person, firm, corporation or association. The bringing of an action under this section shall not prevent the institution or continuation of criminal proceedings against the same defendant or defendants.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 8. Misrepresentations and Other Offenses Connected with Sales (Refs & Annos)
§ 18.2-246. Penalty in general for violations
Unless otherwise provided, any person who shall violate any provision of any section in this article shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 6, Art. 9, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Article 9. Virginia Comprehensive Money Laundering Act
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 9. Virginia Comprehensive Money Laundering Act (Refs & Annos)
§ 18.2-246.1. Title
This article shall be known and may be cited as the “Virginia Comprehensive Money Laundering Act.”
CREDIT(S)
Acts 1999, c. 348.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 9. Virginia Comprehensive Money Laundering Act (Refs & Annos)
§ 18.2-246.2. Definitions
“Conduct” or “conducts” includes initiating, concluding, participating in, or assisting in a financial transaction.
“Financial transaction” means any purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, transportation, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase or sale of monetary instruments, use of a safe-deposit box, or any other acquisition or disposition of monetary instruments by any means including the movement of funds by wire or other electronic means, which is knowingly designed in whole or in part to conceal or disguise the nature, location, source, ownership or control of the property involved in the transaction.
“Monetary instruments” means (i) coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, cashier's checks, credit cards, debit cards, and money orders or (ii) securities or other negotiable instruments, in bearer form or otherwise.
“Person” includes any individual, partnership, association, corporation or joint venture.
“Proceeds” means property acquired or derived, directly or indirectly, from, produced through, realized through, or caused by an act or omission and includes property, real or personal, of any kind.
“Property” means anything of value, and includes any interest therein, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible.
CREDIT(S)
Acts 1999, c. 348; Acts 2003, c. 541; Acts 2003, c. 549.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.3
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 9. Virginia Comprehensive Money Laundering Act (Refs & Annos)
§ 18.2-246.3. Money laundering; penalties
A. It shall be unlawful for any person knowingly to conduct a financial transaction where the person knows the property involved in the transaction represents the proceeds of an activity which is punishable as a felony under the laws of the Commonwealth, another state or territory of the United States, the District of Columbia, or the United States. A violation of this section is punishable by imprisonment of not more than forty years or a fine of not more than $500,000 or by both imprisonment and a fine.
B. Any person who, for compensation, converts cash into negotiable instruments or electronic funds for another, knowing the cash is the proceeds of some form of activity which is punishable as a felony under the laws of the Commonwealth, another state or territory of the United States, the District of Columbia, or the United States, shall be guilty of a Class 1 misdemeanor. Any second or subsequent violation of this subsection shall be punishable as a Class 6 felony.
CREDIT(S)
Acts 1999, c. 348.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.4
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 9. Virginia Comprehensive Money Laundering Act (Refs & Annos)
§ 18.2-246.4. Repealed by Acts 2004, c. 995
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.5
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 9. Virginia Comprehensive Money Laundering Act (Refs & Annos)
§ 18.2-246.5. Forfeiture of business license or registration upon conviction of sale or distribution of imitation controlled substance; money laundering
Any person, firm or corporation holding a license or registration to operate any business as required by either state or local law shall forfeit such license or registration upon conviction of a violation of (i) § 18.2-248 relating to an imitation controlled substance or (ii) § 18.2-246.3 relating to money laundering. Upon a conviction under this section the attorney for the Commonwealth shall notify any appropriate agency.
CREDIT(S)
Acts 1999, c. 348.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 6, Art. 10, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Article 10. Cigarette Delivery Sale Requirements
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.6
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 10. Cigarette Delivery Sale Requirements (Refs & Annos)
§ 18.2-246.6. Definitions
For purposes of this article:
“Adult” means a person who is at least the legal minimum purchasing age.
“Board” means the Virginia Alcoholic Beverage Control Board.
“Consumer” means an individual who is not permitted as a wholesaler pursuant to § 58.1-1011 or who is not a retailer.
“Delivery sale” means any sale of cigarettes to a consumer in the Commonwealth regardless of whether the seller is located in the Commonwealth where either (i) the purchaser submits the order for such sale by means of a telephonic or other method of voice transmission, the mails or any other delivery service, or the Internet or other online service; or (ii) the cigarettes are delivered by use of the mails or a delivery service. A sale of cigarettes not for personal consumption to a person who is a wholesale dealer or retail dealer, as such terms are defined in § 58.1-1000, shall not be a delivery sale. A delivery of cigarettes, not through the mail or by a common carrier, to a consumer performed by the owner, employee or other individual acting on behalf of a retailer authorized to sell such cigarettes shall not be a delivery sale.
“Delivery service” means any person who is engaged in the commercial delivery of letters, packages, or other containers.
“Legal minimum purchasing age” is the minimum age at which an individual may legally purchase cigarettes in the Commonwealth.
“Mails” or “mailing” means the shipment of cigarettes through the United States Postal Service.
“Shipping container” means a container in which cigarettes are shipped in connection with a delivery sale.
“Shipping documents” means bills of lading, airbills, or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages, or other containers.
CREDIT(S)
Acts 2003, c. 1010; Acts 2005, c. 839, eff. Oct. 1, 2005.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.7
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 10. Cigarette Delivery Sale Requirements (Refs & Annos)
§ 18.2-246.7. Requirements for delivery sales
A. No person shall make a delivery sale of cigarettes to any individual who is under the legal minimum purchase age in the Commonwealth.
B. Each person accepting a purchase order for a delivery sale shall comply with:
1. The age verification requirements set forth in § 18.2-246.8;
2. The disclosure requirements set forth in § 18.2-246.9;
3. The shipping requirements set forth in § 18.2-246.10;
4. The registration and reporting requirements set forth in § 18.2-246.11;
5. The tax collection requirements set forth in § 18.2-246.12; and
6. All other laws of the Commonwealth generally applicable to sales of cigarettes that occur entirely within the Commonwealth, including, but not limited to, those laws imposing: (i) excise taxes, (ii) sales taxes, and (iii) license and revenue-stamping requirements.
CREDIT(S)
Acts 2003, c. 1010.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.8
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 10. Cigarette Delivery Sale Requirements (Refs & Annos)
§ 18.2-246.8. Age verification requirements
A. No person shall mail, ship, or otherwise deliver cigarettes in connection with a delivery sale unless prior to the first delivery sale to a consumer such person:
1. Obtains from the prospective consumer a certification that includes (i) a reliable confirmation that the consumer is at least the legal minimum purchase age, and (ii) a statement signed by the prospective consumer in writing that certifies the prospective consumer's address and that the consumer is at least 18 years of age. Such statement shall also confirm (a) that the prospective consumer understands that signing another person's name to such certification is illegal, (b) that the sale of cigarettes to individuals under the legal minimum purchase age is illegal, and (c) that the purchase of cigarettes by individuals under the legal minimum purchase age is illegal under the laws of the Commonwealth;
2. Makes a good faith effort to verify the information contained in the certification provided by the prospective consumer pursuant to subsection A against a commercially available database of valid, government-issued identification that contains the date of birth or age of the individual placing the order, or obtains a photocopy or other image of the valid, government-issued identification stating the date of birth or age of the individual placing the order;
3. Provides to the prospective consumer, via e-mail or other means, a notice that meets the requirements of § 18.2-246.9; and
4. Receives payment for the delivery sale from the prospective consumer by a credit or debit card that has been issued in such consumer's name or by a check drawn on the consumer's account.
B. Persons accepting purchase orders made via the Internet for delivery sales may request that prospective consumers provide their e-mail addresses.
CREDIT(S)
Acts 2003, c. 1010.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.9
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 10. Cigarette Delivery Sale Requirements (Refs & Annos)
§ 18.2-246.9. Disclosure requirements
The notice required under subdivision A 3 of § 18.2-246.8 shall include:
1. A prominent and clearly legible statement that cigarette sales to consumers below the legal minimum purchase age are illegal;
2. A prominent and clearly legible statement that consists of one of the warnings set forth in section 4(a)(1) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. § 1333(a)(1)) rotated on a quarterly basis;
3. A prominent and clearly legible statement that sales of cigarettes are restricted to those consumers who provide verifiable proof of age in accordance with § 18.2-246.8; and
4. A prominent and clearly legible statement that cigarette sales are subject to tax under § 58.1-1001, and an explanation of how such tax has been, or is to be, paid with respect to such delivery sale.
CREDIT(S)
Acts 2003, c. 1010.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.10
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 10. Cigarette Delivery Sale Requirements (Refs & Annos)
§ 18.2-246.10. Shipping requirements
Each person who mails, ships, or otherwise delivers cigarettes in connection with a delivery sale:
1. Shall include as part of the shipping documents a clear and conspicuous statement providing as follows: “Cigarettes: Virginia Law Prohibits Shipping to Individuals Under 18, and Requires the Payment of all Applicable Taxes”;
2. Shall use a method of mailing, shipping, or delivery that obligates the delivery service or any party making delivery to require (i) the consumer placing the purchase order for the delivery sale, or an adult of legal minimum purchase age, to sign to accept delivery of the shipping container, and (ii) proof, in the form of a valid, government-issued identification bearing a photograph of the individual who signs to accept delivery of the shipping container, demonstrating that he is either the addressee who is of legal minimum purchase age or another adult of legal minimum purchase age. However, proof of the legal minimum purchase age shall be required only if such individual appears to be under 27 years of age; and
3. Shall provide to the delivery service retained for such delivery sale evidence of full compliance with § 18.2-246.12.
CREDIT(S)
Acts 2003, c. 1010.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.11
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 10. Cigarette Delivery Sale Requirements (Refs & Annos)
§ 18.2-246.11. Registration and reporting requirements
A. Prior to making delivery sales or mailing, shipping, or otherwise delivering cigarettes in connection with any such delivery sales, every person shall file with the Board and with the Attorney General a statement setting forth such person's name, trade name, and the address of such person's principal place of business and any other place of business.
B. Not later than the tenth day of each calendar month, each person that has made a delivery sale or mailed, shipped, or otherwise delivered cigarettes in connection with any such delivery sale during the previous calendar month shall file with the Board and with the Attorney General a report in the format prescribed by the Board, which may include an electronic format, that provides for each and every such delivery sale:
1. The name and address of the consumer to whom such delivery sale was made;
2. The brand or brands of the cigarettes that were sold in such delivery sale; and
3. The quantity of cigarettes that were sold in such delivery sale.
C. Any person who satisfies the requirements of § 376 of Title 15 of the United States Code shall be deemed to satisfy the requirements of this section.
D. For purposes of any penalty that may be imposed for a violation of this section, a failure to file a particular statement or report with both the Board and the Attorney General shall constitute a single violation.
CREDIT(S)
Acts 2003, c. 1010; Acts 2009, c. 847.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.12
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 10. Cigarette Delivery Sale Requirements (Refs & Annos)
§ 18.2-246.12. Collection of taxes
Each person accepting a purchase order for a delivery sale shall collect and remit to the Board all cigarette taxes imposed by the Commonwealth with respect to such delivery sale, except that such collection and remission shall not be required to the extent such person has obtained proof (in the form of the presence of applicable revenue stamps or otherwise) that such taxes already have been paid to the Commonwealth. In the event the Board finds that any tax imposed by the Commonwealth and administered by the Department of Taxation has not been collected and remitted, the Board shall provide the Department of Taxation with a notification of such sale which shall include:
1. The name and address of the consumer to whom such sale was made;
2. The name and address of the seller of the cigarettes;
3. The brand or brands of the cigarettes that were sold in such sale; and
4. The quantity of cigarettes that were sold in such sale.
CREDIT(S)
Acts 2003, c. 1010.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.13
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 10. Cigarette Delivery Sale Requirements (Refs & Annos)
§ 18.2-246.13. Penalties
A. Except as specifically provided in § 18.2-246.14, a first violation of any provision of this article shall be punishable by a civil penalty of no more than $1,000. A second or subsequent violation of any provision of this article shall be punishable by a civil penalty of no more than $10,000.
B. Any prospective consumer who knowingly submits a false certification under subdivision A 1 of § 18.2-246.8 shall be subject to a civil penalty of no more than $5,000 for each such offense.
C. Any person failing to collect or remit to the Board or the Department of Taxation any tax required in connection with a delivery sale shall be assessed, in addition to any other applicable penalty, a civil penalty of no more than five times the retail value of the cigarettes involved.
D. Any civil penalty collected under this article shall be paid to the general fund.
E. Any person who fails to file the statement required by subsection A of § 18.2-246.11 and thereafter makes a delivery sale is guilty of a Class 1 misdemeanor and for any second or subsequent offense is guilty of a violation of § 18.2-498.3.
F. Any person who knowingly and with the intent to defraud, mislead, or deceive makes a statement filed as required by subsection A of § 18.2-246.11 which is false is guilty of a violation of § 18.2-498.3. Each such filed statement containing one or more false statements shall constitute a separate offense.
G. Any person who fails to make the report required by subsection B of § 18.2-246.11 is guilty of a Class 1 misdemeanor and for any second or subsequent offense is guilty of a violation of § 18.2-498.3.
H. Any person who knowingly and with the intent to defraud, mislead, or deceive makes a materially false statement in any report required by subsection B of § 18.2-246.11 is guilty of a violation of § 18.2-498.3. Each such report containing one or more false statements constitutes a separate offense.
CREDIT(S)
Acts 2003, c. 1010; Acts 2004, c. 995; Acts 2009, c. 847.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.14
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 10. Cigarette Delivery Sale Requirements (Refs & Annos)
§ 18.2-246.14. Counterfeit cigarettes
A. It shall be unlawful to sell or possess counterfeit cigarettes.
B. Any person who knowingly violates subsection A with a total quantity of less than two cartons of cigarettes shall be punished by a civil penalty of no more than $1,000. Any person who knowingly violates subsection A shall, for a second or subsequent offense involving a total quantity of less than two cartons of cigarettes, be punished by a civil penalty of no more than $5,000 and, if applicable, the revocation by the Department of Taxation of his wholesale dealer license.
C. Any person who knowingly violates subsection A with a total quantity of two or more cartons of cigarettes shall be punished by a civil penalty of no more than $2,000. Any person who knowingly violates subsection A shall, for a second or subsequent offense involving a total quantity of two or more cartons of cigarettes, be punished by a civil penalty of no more than $50,000 and, if applicable, the revocation by the Department of Taxation of his wholesale dealer license.
For purposes of this section, counterfeit cigarettes shall include but not be limited to cigarettes that (i) have false manufacturing labels, (ii) are not manufactured by the manufacturer indicated on the container, or (iii) have affixed to the container a false tax stamp.
CREDIT(S)
Acts 2003, c. 1010; Acts 2004, c. 995.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-246.15
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 6. Crimes Involving Fraud (Refs & Annos)
Article 10. Cigarette Delivery Sale Requirements (Refs & Annos)
§ 18.2-246.15. Enforcement
The Attorney General is authorized to enforce the provisions of this article. The Attorney General may assess the civil penalties authorized by this article, with the concurrence of the attorney for the Commonwealth pursuant to § 2.2-511, may prosecute criminal violations under § 18.2-246.13, and may bring an action in the appropriate court to collect assessed penalties or prevent or restrain violations of this article by any person, or any person controlling such person. The Board and the State Department of Taxation shall cooperate with the Attorney General in his enforcement efforts and provide to the Attorney General all information and documentation in their possession necessary for the Attorney General to accomplish such enforcement.
CREDIT(S)
Acts 2003, c. 1010; Acts 2009, c. 847.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 7, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 7. Crimes Involving Health and Safety
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 7, Art. 1, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 7. Crimes Involving Health and Safety
Article 1. Drugs
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-247
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-247. Use of terms “controlled substances,” “marijuana,” “Schedules I, II, III, IV, V and VI,” “imitation controlled substance” and “counterfeit controlled substance” in Title 18.2
A. Wherever the terms “controlled substances” and “Schedules I, II, III, IV, V and VI” are used in Title 18.2, such terms refer to those terms as they are used or defined in the Drug Control Act (§ 54.1-3400 et seq.).
B. The term “imitation controlled substance” when used in this article means (i) a counterfeit controlled substance or (ii) a pill, capsule, tablet, or substance in any form whatsoever which is not a controlled substance subject to abuse, and:
1. Which by overall dosage unit appearance, including color, shape, size, marking and packaging or by representations made, would cause the likelihood that such a pill, capsule, tablet, or substance in any other form whatsoever will be mistaken for a controlled substance unless such substance was introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate; or
2. Which by express or implied representations purports to act like a controlled substance as a stimulant or depressant of the central nervous system and which is not commonly used or recognized for use in that particular formulation for any purpose other than for such stimulant or depressant effect, unless marketed, promoted, or sold as permitted by the United States Food and Drug Administration.
C. In determining whether a pill, capsule, tablet, or substance in any other form whatsoever, is an “imitation controlled substance,” there shall be considered, in addition to all other relevant factors, comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedicinal use, including consideration of the packaging of the drug and its appearance in overall finished dosage form, promotional materials or representations, oral or written, concerning the drug, and the methods of distribution of the drug and where and how it is sold to the public.
D. The term “marijuana” when used in this article means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or its resin. Marijuana shall not include any oily extract containing one or more cannabinoids unless such extract contains less than 12 percent of tetrahydrocannabinol by weight, or the mature stalks of such plant, fiber produced from such stalk, oil or cake made from the seed of such plant, unless such stalks, fiber, oil or cake is combined with other parts of plants of the genus Cannabis.
E. The term “counterfeit controlled substance” means a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1979, c. 435; Acts 1982, c. 462; Acts 1984, c. 684; Acts 1992, c. 756; Acts 1999, c. 661; Acts 1999, c. 722; Acts 2004, c. 688.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248
Effective: July 1, 2012
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-248. Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties
A. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), it shall be unlawful for any person to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give or distribute a controlled substance or an imitation controlled substance.
B. In determining whether any person intends to manufacture, sell, give or distribute an imitation controlled substance, the court may consider, in addition to all other relevant evidence, whether any distribution or attempted distribution of such pill, capsule, tablet or substance in any other form whatsoever included an exchange of or a demand for money or other property as consideration, and, if so, whether the amount of such consideration was substantially greater than the reasonable value of such pill, capsule, tablet or substance in any other form whatsoever, considering the actual chemical composition of such pill, capsule, tablet or substance in any other form whatsoever and, where applicable, the price at which over-the-counter substances of like chemical composition sell.
C. Except as provided in subsection C1, any person who violates this section with respect to a controlled substance classified in Schedule I or II shall upon conviction be imprisoned for not less than five nor more than 40 years and fined not more than $500,000. Upon a second conviction of such a violation, and it is alleged in the warrant, indictment, or information that the person has been before convicted of such an offense or of a substantially similar offense in any other jurisdiction, which offense would be a felony if committed in the Commonwealth, and such prior conviction occurred before the date of the offense alleged in the warrant, indictment, or information, any such person may, in the discretion of the court or jury imposing the sentence, be sentenced to imprisonment for life or for any period not less than five years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence, and he shall be fined not more than $500,000.
When a person is convicted of a third or subsequent offense under this subsection and it is alleged in the warrant, indictment or information that he has been before convicted of two or more such offenses or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment, or information, he shall be sentenced to imprisonment for life or for a period of not less than 10 years, 10 years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence, and he shall be fined not more than $500,000.
Any person who manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give, or distribute the following is guilty of a felony punishable by a fine of not more than $1 million and imprisonment for five years to life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence:
1. 100 grams or more of a mixture or substance containing a detectable amount of heroin;
2. 500 grams or more of a mixture or substance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation that contains any quantity of any of the substances referred to in subdivisions 2a through 2c;
3. 250 grams or more of a mixture or substance described in subdivisions 2a through 2d that contain cocaine base; or
4. 10 grams or more of methamphetamine, its salts, isomers, or salts of its isomers or 20 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.
The mandatory minimum term of imprisonment to be imposed for a violation of this subsection shall not be applicable if the court finds that:
a. The person does not have a prior conviction for an offense listed in subsection C of § 17.1-805;
b. The person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense or induce another participant in the offense to do so;
c. The offense did not result in death or serious bodily injury to any person;
d. The person was not an organizer, leader, manager, or supervisor of others in the offense, and was not engaged in a continuing criminal enterprise as defined in subsection I; and
e. Not later than the time of the sentencing hearing, the person has truthfully provided to the Commonwealth all information and evidence the person has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.
C1. Any person who violates this section with respect to the manufacturing of methamphetamine, its salts, isomers, or salts of its isomers or less than 200 grams of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall, upon conviction, be imprisoned for not less than 10 nor more than 40 years and fined not more than $500,000. Upon a second conviction of such a violation, any such person may, in the discretion of the court or jury imposing the sentence, be sentenced to imprisonment for life or for any period not less than 10 years, and be fined not more than $500,000. When a person is convicted of a third or subsequent offense under this subsection and it is alleged in the warrant, indictment, or information that he has been previously convicted of two or more such offenses or of substantially similar offenses in any other jurisdiction, which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment, or information, he shall be sentenced to imprisonment for life or for a period not less than 10 years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000. Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution, as the court deems appropriate, to any innocent property owner whose property is damaged, destroyed, or otherwise rendered unusable as a result of such methamphetamine production. This restitution shall include the person's or his estate's estimated or actual expenses associated with cleanup, removal, or repair of the affected property. If the property that is damaged, destroyed, or otherwise rendered unusable as a result of such methamphetamine production is property owned in whole or in part by the person convicted, the court shall order the person to pay to the Methamphetamine Cleanup Fund authorized in § 18.2-248.04 the reasonable estimated or actual expenses associated with cleanup, removal, or repair of the affected property or, if actual or estimated expenses cannot be determined, the sum of $10,000.
D. If such person proves that he gave, distributed or possessed with intent to give or distribute a controlled substance classified in Schedule I or II only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility or state correctional facility as defined in § 53.1-1 or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he shall be guilty of a Class 5 felony.
E. If the violation of the provisions of this article consists of the filling by a pharmacist of the prescription of a person authorized under this article to issue the same, which prescription has not been received in writing by the pharmacist prior to the filling thereof, and such written prescription is in fact received by the pharmacist within one week of the time of filling the same, or if such violation consists of a request by such authorized person for the filling by a pharmacist of a prescription which has not been received in writing by the pharmacist and such prescription is, in fact, written at the time of such request and delivered to the pharmacist within one week thereof, either such offense shall constitute a Class 4 misdemeanor.
E1. Any person who violates this section with respect to a controlled substance classified in Schedule III except for an anabolic steroid classified in Schedule III, constituting a violation of § 18.2-248.5, shall be guilty of a Class 5 felony.
E2. Any person who violates this section with respect to a controlled substance classified in Schedule IV shall be guilty of a Class 6 felony.
E3. Any person who proves that he gave, distributed or possessed with the intent to give or distribute a controlled substance classified in Schedule III or IV, except for an anabolic steroid classified in Schedule III, constituting a violation of § 18.2-248.5, only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility or state correctional facility as defined in § 53.1-1 or in the custody of an employee thereof, and not with the intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, is guilty of a Class 1 misdemeanor.
F. Any person who violates this section with respect to a controlled substance classified in Schedule V or Schedule VI or an imitation controlled substance which imitates a controlled substance classified in Schedule V or Schedule VI, shall be guilty of a Class 1 misdemeanor.
G. Any person who violates this section with respect to an imitation controlled substance which imitates a controlled substance classified in Schedule I, II, III, or IV shall be guilty of a Class 6 felony. In any prosecution brought under this subsection, it is not a defense to a violation of this subsection that the defendant believed the imitation controlled substance to actually be a controlled substance.
H. Any person who manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give or distribute the following:
1. 1.0 kilograms or more of a mixture or substance containing a detectable amount of heroin;
2. 5.0 kilograms or more of a mixture or substance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through c;
3. 2.5 kilograms or more of a mixture or substance described in subdivision 2 which contains cocaine base;
4. 100 kilograms or more of a mixture or substance containing a detectable amount of marijuana; or
5. 100 grams or more of methamphetamine, its salts, isomers, or salts of its isomers or 200 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall be guilty of a felony punishable by a fine of not more than $1 million and imprisonment for 20 years to life, 20 years of which shall be a mandatory minimum sentence. Such mandatory minimum sentence shall not be applicable if the court finds that (i) the person does not have a prior conviction for an offense listed in subsection C of § 17.1-805; (ii) the person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense or induce another participant in the offense to do so; (iii) the offense did not result in death or serious bodily injury to any person; (iv) the person was not an organizer, leader, manager, or supervisor of others in the offense, and was not engaged in a continuing criminal enterprise as defined in subsection I of this section; and (v) not later than the time of the sentencing hearing, the person has truthfully provided to the Commonwealth all information and evidence the person has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.
H1. Any person who was the principal or one of several principal administrators, organizers or leaders of a continuing criminal enterprise shall be guilty of a felony if (i) the enterprise received at least $100,000 but less than $250,000 in gross receipts during any 12-month period of its existence from the manufacture, importation, or distribution of heroin or cocaine or ecgonine or methamphetamine or the derivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii) the person engaged in the enterprise to manufacture, sell, give, distribute or possess with the intent to manufacture, sell, give or distribute the following during any 12-month period of its existence:
1. At least 1.0 kilograms but less than 5.0 kilograms of a mixture or substance containing a detectable amount of heroin;
2. At least 5.0 kilograms but less than 10 kilograms of a mixture or substance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through c;
3. At least 2.5 kilograms but less than 5.0 kilograms of a mixture or substance described in subdivision 2 which contains cocaine base;
4. At least 100 kilograms but less than 250 kilograms of a mixture or substance containing a detectable amount of marijuana; or
5. At least 100 grams but less than 250 grams of methamphetamine, its salts, isomers, or salts of its isomers or at least 200 grams but less than 1.0 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.
A conviction under this section shall be punishable by a fine of not more than $1 million and imprisonment for 20 years to life, 20 years of which shall be a mandatory minimum sentence.
H2. Any person who was the principal or one of several principal administrators, organizers or leaders of a continuing criminal enterprise if (i) the enterprise received $250,000 or more in gross receipts during any 12-month period of its existence from the manufacture, importation, or distribution of heroin or cocaine or ecgonine or methamphetamine or the derivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii) the person engaged in the enterprise to manufacture, sell, give, distribute or possess with the intent to manufacture, sell, give or distribute the following during any 12-month period of its existence:
1. At least 5.0 kilograms of a mixture or substance containing a detectable amount of heroin;
2. At least 10 kilograms of a mixture or substance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through c;
3. At least 5.0 kilograms of a mixture or substance described in subdivision 2 which contains cocaine base;
4. At least 250 kilograms of a mixture or substance containing a detectable amount of marijuana; or
5. At least 250 grams of methamphetamine, its salts, isomers, or salts of its isomers or at least 1.0 kilograms of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall be guilty of a felony punishable by a fine of not more than $1 million and imprisonment for life, which shall be served with no suspension in whole or in part. Such punishment shall be made to run consecutively with any other sentence. However, the court may impose a mandatory minimum sentence of 40 years if the court finds that the defendant substantially cooperated with law-enforcement authorities.
I. For purposes of this section, a person is engaged in a continuing criminal enterprise if (i) he violates any provision of this section, the punishment for which is a felony and either (ii) such violation is a part of a continuing series of violations of this section which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and from which such person obtains substantial income or resources or (iii) such violation is committed, with respect to methamphetamine or other controlled substance classified in Schedule I or II, for the benefit of, at the direction of, or in association with any criminal street gang as defined in § 18.2-46.1.
J. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), any person who possesses any two or more different substances listed below with the intent to manufacture methamphetamine, methcathinone or amphetamine is guilty of a Class 6 felony: liquified ammonia gas, ether, hypophosphorus acid solutions, hypophosphite salts, hydrochloric acid, iodine crystals or tincture of iodine, phenylacetone, phenylacetic acid, red phosphorus, methylamine, methyl formamide, lithium metal, sodium metal, sulfuric acid, sodium hydroxide, potassium dichromate, sodium dichromate, potassium permanganate, chromium trioxide, methylbenzene, methamphetamine precursor drugs, trichloroethane, or 2-propanone.
K. The term “methamphetamine precursor drug,” when used in this article, means a drug or product containing ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, optical isomers, or salts of optical isomers.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 614; Acts 1977, c. 409; Acts 1978, c. 177; Acts 1978, c. 779; Acts 1979, c. 435; Acts 1982, c. 462; Acts 1985, c. 569; Acts 1986, c. 453; Acts 1988, c. 355; Acts 1990, c. 82; Acts 1991, c. 13; Acts 1992, c. 685; Acts 1992, c. 737; Acts 1992, c. 756; Acts 1995, c. 538; Acts 1999, c. 722; Acts 2000, c. 1020; Acts 2000, c. 1041; Acts 2004, c. 461; Acts 2005, c. 174; Acts 2005, c. 759; Acts 2005, c. 796; Acts 2005, c. 923; Acts 2005, c. 941; Acts 2006, c. 697; Acts 2006, c. 759; Acts 2008, c. 79; Acts 2008, c. 618; Acts 2009, c. 750. Amended by Acts 2012, c. 219; Acts 2012, c. 710; Acts 2012, c. 844.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.01
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-248.01. Transporting controlled substances into the Commonwealth; penalty
Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.) it is unlawful for any person to transport into the Commonwealth by any means with intent to sell or distribute one ounce or more of cocaine, coca leaves or any salt, compound, derivative or preparation thereof as described in Schedule II of the Drug Control Act or one ounce or more of any other Schedule I or II controlled substance or five or more pounds of marijuana. A violation of this section shall constitute a separate and distinct felony. Upon conviction, the person shall be sentenced to not less than five years nor more than 40 years imprisonment, three years of which shall be a mandatory minimum term of imprisonment, and a fine not to exceed $1,000,000. A second or subsequent conviction hereunder shall be punishable by a mandatory minimum term of imprisonment of 10 years, which shall be served consecutively with any other sentence.
CREDIT(S)
Acts 1992, c. 723; Acts 2000, c. 1020; Acts 2000, c. 1041; Acts 2004, c. 461.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.02
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-248.02. Allowing a child to be present during manufacture or attempted manufacture of methamphetamine prohibited; penalties
Any person 18 years of age or older who maintains a custodial relationship over a child under the age of 18, including but not limited to a parent, step-parent, grandparent, step-grandparent, or who stands in loco parentis with respect to such child, and who knowingly allows that child to be present in the same dwelling, apartment as defined by § 55-79.2, unit of a hotel as defined in § 35.1-1, garage, shed, or vehicle during the manufacture or attempted manufacture of methamphetamine as prohibited by subsection C1 of § 18.2-248 is guilty of a felony punishable by imprisonment for not less than 10 nor more than 40 years. This penalty shall be in addition to and served consecutively with any other sentence.
CREDIT(S)
Acts 2005, c. 923; Acts 2005, c. 941.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.03
Effective: July 1, 2008
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-248.03. Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine; penalty
A. Notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 28 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $500,000 and imprisonment for not less than five nor more than 40 years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence.
B. Notwithstanding any other provision of law, any person who manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give, or distribute 227 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers is guilty of a felony punishable by a fine of not more than $1 million and imprisonment for not less than five years nor more than life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence.
CREDIT(S)
Acts 2008, c. 858; Acts 2008, c. 874.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.04
Effective: July 1, 2012
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-248.04. Methamphetamine Cleanup Fund established
There is hereby created in the state treasury a special nonreverting fund to be known as the Methamphetamine Cleanup Fund, hereafter referred to as “the Fund.” The Fund shall be established on the books of the Comptroller. All moneys assessed against a person convicted of manufacture of methamphetamine as methamphetamine cleanup funds pursuant to subsection C1 of § 18.2-248 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of restoration to an environmentally sound state sites used for the criminal manufacture of methamphetamine. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by any agency of the Commonwealth, law-enforcement agency, or locality with the responsibility for and engaged in a specific methamphetamine site cleanup.
CREDIT(S)
Added by Acts 2012, c. 219.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-248.1. Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana
Except as authorized in the Drug Control Act, Chapter 34 of Title 54.1, it shall be unlawful for any person to sell, give, distribute or possess with intent to sell, give or distribute marijuana.
(a) Any person who violates this section with respect to:
(1) Not more than one-half ounce of marijuana is guilty of a Class 1 misdemeanor;
(2) More than one-half ounce but not more than five pounds of marijuana is guilty of a Class 5 felony;
(3) More than five pounds of marijuana is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years.
If such person proves that he gave, distributed or possessed with intent to give or distribute marijuana only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the marijuana to use or become addicted to or dependent upon such marijuana, he shall be guilty of a Class 1 misdemeanor.
(b) Any person who gives, distributes or possesses marijuana as an accommodation and not with intent to profit thereby, to an inmate of a state or local correctional facility as defined in § 53.1-1, or in the custody of an employee thereof shall be guilty of a Class 4 felony.
(c) Any person who manufactures marijuana, or possesses marijuana with the intent to manufacture such substance, not for his own use is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000.
(d) When a person is convicted of a third or subsequent felony offense under this section and it is alleged in the warrant, indictment or information that he has been before convicted of two or more felony offenses under this section or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment or information, he shall be sentenced to imprisonment for life or for any period not less than five years, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000.
CREDIT(S)
Acts 1979, c. 435; Acts 1986, c. 467; Acts 2000, c. 819; Acts 2000, c. 1020; Acts 2000, c. 1041; Acts 2004, c. 461; Acts 2006, c. 697; Acts 2006, c. 759.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.1:1
Effective: July 1, 2012
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-248.1:1. Penalties for possession, sale, gift, or distribution of or possession with intent to sell, give, or distribute synthetic cannabinoids; manufacturing
A. For the purposes of this title, synthetic cannabinoids means any substance that contains one or more cannabimimetic agents or that contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of one or more cannabimimetic agents.
1. “Cannabimimetic agents” means any substance that is within any of the following structural classes:
a. 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;
b. 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-napthyl)methane with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent;
c. 3-(1-naphthoyl)pyrrole with substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent;
d. 1-(1-naphthylmethyl)indene with substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent; or
e. 3-phenylacetylindole or 3-benzoylindole with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.
2. The term cannabimimetic agents includes:
5-(1,1-Dimethylheptyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497);
5-(1,1-Dimethylhexyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497 C6 homolog);
5-(1,1-Dimethyloctyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497 C8 homolog);
5-(1,1-Dimethylnonyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497 C9 homolog);
1-pentyl-3-(1-naphthoyl)indole (other name: JWH-018);
1-butyl-3-(1-naphthoyl)indole (other name: JWH-073);
1-pentyl-3-(2-methoxyphenylacetyl)indole (other name: JWH-250);
1-hexyl-3-(naphthalen-1-oyl)indole (other name: JWH-019);
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (other name: JWH-200);
(6aR,10aR)-9-(hydroxymethyl)-6,6- dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chrom (other name: HU-210);
1-pentyl-3-(4-methoxy-1-naphthoyl)indole (other name: JWH-081);
1-pentyl-3-(4-methyl-1-naphthoyl)indole (other name: JWH-122);
1-pentyl-3-(2-chlorophenylacetyl)indole (other name: JWH-203);
1-pentyl-3-(4-ethyl-1-naphthoyl)indole (other name: JWH-210);
1-pentyl-3-(4-chloro-1-naphthoyl)indole (other name: JWH-398);
1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (other name: AM-694);
1-((N-methylpiperidin-2-yl)methyl)-3-(1-naphthoyl)indole (other name: AM-1220);
1-(5-fluoropentyl)-3-(1-naphthoyl)indole (other name: AM-2201);
1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole (other name: AM-2233);
Pravadoline (4-methoxyphenyl)-[ 2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-y]methanone (other name: WIN 48,098);
1-pentyl-3-(4-methoxybenzoyl)indole (other name: RCS-4);
1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (other name: RCS-8).
B. It is unlawful for any person to knowingly or intentionally possess synthetic cannabinoids. Any person who violates this subsection is guilty of a Class 1 misdemeanor.
C. It is unlawful for any person to sell, give, distribute, or possess with intent to sell, give, or distribute synthetic cannabinoids. Any person who violates this subsection is guilty of a Class 6 felony.
D. If a person proves that he gave, distributed or possessed with intent to give or distribute synthetic cannabinoids only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the synthetic cannabinoids to use or become addicted to or dependent upon such synthetic cannabinoids, he is guilty of a Class 1 misdemeanor. Any person who gives, distributes or possesses synthetic cannabinoids as an accommodation and not with intent to profit thereby, to an inmate of a state or local correctional facility as defined in § 53.1-1, or in the custody of an employee thereof is guilty of a Class 4 felony.
E. Any person who manufactures synthetic cannabinoids or possesses synthetic cannabinoids with intent to manufacture such substance is guilty of a felony punishable by imprisonment of not less than five nor more than 30 years and a fine not to exceed $10,000.
F. Any drug not listed in this section or the Drug Control Act (§ 54.1-3400 et seq.), which is privately compounded, with the specific intent to circumvent the criminal penalties for synthetic cannabinoids, to emulate or simulate the effects of synthetic cannabinoids through chemical changes such as the addition, subtraction or rearranging of a radical or the addition, subtraction or rearranging of a substituent, shall be subject to the same criminal penalties as for synthetic cannabinoids.
G. Upon conviction, in addition to any other punishment, a person found guilty of a violation of this section shall be ordered by the court to make restitution, as the court deems appropriate, to any innocent property owner whose property is damaged, destroyed, or otherwise rendered unusable as a result of such synthetic cannabinoid production. This restitution may include the person's or his estate's estimated or actual expenses associated with cleanup, removal, or repair of the affected property.
CREDIT(S)
Acts 2011, c. 384, eff. March 23, 2011; Acts 2011, c. 410, eff. March 23, 2011. Amended by Acts 2012, c. 762; Acts 2012, c. 816.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-248.2. Repealed by Acts 1981, c. 598
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.3
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-248.3. Professional use of imitation controlled substances
No civil or criminal liability shall be imposed by virtue of this article on any person licensed under the Drug Control Act, Chapter 34 of Title 54.1, who manufactures, sells, gives or distributes an imitation controlled substance for use as a placebo by a licensed practitioner in the course of professional practice or research.
CREDIT(S)
Acts 1982, c. 462.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.4
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-248.4. Advertisement of imitation controlled substances prohibited; penalty
It shall be a Class 1 misdemeanor for any person knowingly to sell or display for sale, or to distribute, whether or not any charge is made therefor, any book, pamphlet, handbill or other printed matter which he knows is intended to promote the distribution of an imitation controlled substance.
CREDIT(S)
Acts 1982, c. 462.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.5
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-248.5. Illegal stimulants and steroids; penalty
A. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), Chapter 34 of Title 54.1, it shall be unlawful for any person to knowingly manufacture, sell, give, distribute or possess with intent to manufacture, sell, give or distribute any anabolic steroid.
A violation of subsection A shall be punishable by a term of imprisonment of not less than one year nor more than 10 years or, in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months or a fine of not more than $20,000, either or both. Any person violating the provisions of this subsection shall, upon conviction, be incarcerated for a mandatory minimum term of six months to be served consecutively with any other sentence.
B. It shall be unlawful for any person to knowingly sell or otherwise distribute, without prescription, to a minor any pill, capsule or tablet containing any combination of caffeine and ephedrine sulfate.
A violation of this subsection B shall be punishable as a Class 1 misdemeanor.
CREDIT(S)
Acts 1988, c. 428; Acts 1989, c. 567; Acts 2000, c. 1020; Acts 2000, c. 1041; Acts 2004, c. 461.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.6
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§§ 18.2-248.6, 18.2-248.7. Repealed by Acts 1999, c. 348
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.7
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§§ 18.2-248.6, 18.2-248.7. Repealed by Acts 1999, c. 348
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-248.8
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-248.8. Repealed by Acts 2012, cc. 160 and 252, eff. January 1, 2013
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-249
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-249. Repealed by Acts 2004, c. 995
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-250
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-250. Possession of controlled substances unlawful
A. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).
Upon the prosecution of a person for a violation of this section, ownership or occupancy of premises or vehicle upon or in which a controlled substance was found shall not create a presumption that such person either knowingly or intentionally possessed such controlled substance.
(a) Any person who violates this section with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall be guilty of a Class 5 felony.
(b) Any person other than an inmate of a penal institution as defined in § 53.1-1 or in the custody of an employee thereof, who violates this section with respect to a controlled substance classified in Schedule III shall be guilty of a Class 1 misdemeanor.
(b1) Violation of this section with respect to a controlled substance classified in Schedule IV shall be punishable as a Class 2 misdemeanor.
(b2) Violation of this section with respect to a controlled substance classified in Schedule V shall be punishable as a Class 3 misdemeanor.
(c) Violation of this section with respect to a controlled substance classified in Schedule VI shall be punishable as a Class 4 misdemeanor.
B. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of a controlled substance or substances is necessary in the performance of their duties.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 614; Acts 1978, c. 151; Acts 1978, c. 177; Acts 1978, c. 779; Acts 1979, c. 435; Acts 1980, c. 285; Acts 1991, c. 649; Acts 1998, c. 116.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-250.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-250.1. Possession of marijuana unlawful
A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).
Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.
Any person who violates this section shall be guilty of a misdemeanor, and be confined in jail not more than thirty days and a fine of not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this section, shall be guilty of a Class 1 misdemeanor.
B. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
CREDIT(S)
Acts 1979, c. 435; Acts 1991, c. 649; Acts 1998, c. 116.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-251
Effective: March 23, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-251. Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge
Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, synthetic cannabinoids, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, pleads guilty to or enters a plea of not guilty to possession of a controlled substance under § 18.2-250 or to possession of marijuana under § 18.2-250.1, or to possession of synthetic cannabinoids under subsection B of § 18.2-248.1:1, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions.
As
a term or condition, the court shall require the accused to undergo a substance
abuse assessment pursuant to § 18.2-251.01 or 19.2-299.2, as appropriate, and
enter treatment and/
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
As a condition of probation, the court shall require the accused (i) to successfully complete treatment or education program or services, (ii) to remain drug and alcohol free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug and alcohol free, (iii) to make reasonable efforts to secure and maintain employment, and (iv) to comply with a plan of at least 100 hours of community service for a felony and up to 24 hours of community service for a misdemeanor. Such testing shall be conducted by personnel of the supervising probation agency or personnel of any program or agency approved by the supervising probation agency.
The court shall, unless done at arrest, order the accused to report to the original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.
Notwithstanding any other provision of this section, whenever a court places an individual on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of §§ 18.2-259.1, 22.1-315 and 46.2-390.1, and the driver's license forfeiture provisions of those sections shall be imposed. The provisions of this paragraph shall not be applicable to any offense for which a juvenile has had his license suspended or denied pursuant to § 16.1-278.9 for the same offense.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 181; Acts 1979, c. 435; Acts 1983, c. 513; Acts 1991, c. 482; Acts 1992, c. 58; Acts 1992, c. 833; Acts 1993, c. 410; Acts 1997, c. 380; Acts 1998, c. 688; Acts 1998, c. 783; Acts 1998, c. 840; Acts 2000, c. 1020; Acts 2000, c. 1041; Acts 2001, c. 430; Acts 2001, c. 450; Acts 2001, c. 827; Acts 2007, c. 133; Acts 2009, c. 813; Acts 2009, c. 840; Acts 2011, c. 384, eff. March 23, 2011; Acts 2011, c. 410, eff. March 23, 2011.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-251.01
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-251.01. Substance abuse screening and assessment for felony convictions
A.
When a person is convicted of a felony, not a capital offense, committed on or
after January 1, 2000, he shall be required to undergo a substance abuse
screening and, if the screening indicates a substance abuse or dependence
problem, an assessment by a certified substance abuse counselor as defined in §
54.1-3500 employed by the Department of Corrections or by an agency employee
under the supervision of such counselor. If the person is determined to have a
substance abuse problem, the court shall require him to enter treatment
and/
B. As a condition of any suspended sentence and probation, the court shall order the person to undergo periodic testing and treatment for substance abuse, if available, as the court deems appropriate based upon consideration of the substance abuse assessment.
CREDIT(S)
Acts 1998, c. 783, eff. July 1, 1999; Acts 1998, c. 840, eff. July 1, 1999; Acts 1999, c. 891; Acts 1999, c. 913; Acts 2000, c. 1020; Acts 2000, c. 1041; Acts 2007, c. 133; Acts 2009, c. 813; Acts 2009, c. 840.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-251.02
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-251.02. Drug Offender Assessment and Treatment Fund
There is hereby established in the state treasury the Drug Offender Assessment and Treatment Fund which shall consist of moneys received from fees imposed on certain drug offense convictions pursuant to subdivisions A 10 and A 11 of § 17.1-275 and § 16.1-69.48:3. All interest derived from the deposit and investment of moneys in the Fund shall be credited to the Fund. Any moneys not appropriated by the General Assembly shall remain in the Drug Offender Assessment and Treatment Fund and shall not be transferred or revert to the general fund at the end of any fiscal year. All moneys in the Fund shall be subject to annual appropriation by the General Assembly to the Department of Corrections, the Department of Juvenile Justice, and the Commission on VASAP to implement and operate the offender substance abuse screening and assessment program; the Department of Criminal Justice Services for the support of community-based probation and local pretrial services agencies; and the Office of the Executive Secretary of the Supreme Court of Virginia for the support of drug treatment court programs.
CREDIT(S)
Acts 1998, c. 783; Acts 1998, c. 840; Acts 2003, c. 606; Acts 2004, c. 1004.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-251.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-251.1. Possession or distribution of marijuana for medical purposes permitted
A. No person shall be prosecuted under § 18.2-250 or § 18.2-250.1 for the possession of marijuana or tetrahydrocannabinol when that possession occurs pursuant to a valid prescription issued by a medical doctor in the course of his professional practice for treatment of cancer or glaucoma.
B. No medical doctor shall be prosecuted under § 18.2-248 or § 18.2-248.1 for dispensing or distributing marijuana or tetrahydrocannabinol for medical purposes when such action occurs in the course of his professional practice for treatment of cancer or glaucoma.
C. No pharmacist shall be prosecuted under §§ 18.2-248 to 18.2-248.1 for dispensing or distributing marijuana or tetrahydrocannabinol to any person who holds a valid prescription of a medical doctor for such substance issued in the course of such doctor's professional practice for treatment of cancer or glaucoma.
CREDIT(S)
Acts 1979, c. 435.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-251.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-251.2. Possession and distribution of flunitrazepam; enhanced penalty
Notwithstanding the provisions of §§ 54.1-3446 and 54.1-3452, the drug flunitrazepam shall be deemed to be listed on Schedule I for the purposes of penalties for violations of the Drug Control Act (§ 54.1-3400 et seq.). Any person knowingly manufacturing, selling, giving, distributing or possessing the drug flunitrazepam shall be punished under the penalties prescribed for such violations in accordance with §§ 18.2-248 and 18.2-250.
CREDIT(S)
Acts 1997, c. 595.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-251.3
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-251.3. Possession and distribution of gamma-butyrolactone; 1, 4--butanediol; enhanced penalty
Any person who knowingly manufactures, sells, gives, distributes or possesses with the intent to distribute the substances gamma-butyrolactone; or 1, 4--butanediol, when intended for human consumption shall be guilty of a Class 3 felony.
CREDIT(S)
Acts 2000, c. 348.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-251.4
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-251.4. Defeating drug and alcohol screening tests; penalty
A. It is unlawful for a person to:
1. Sell, give away, distribute, transport or market human urine in the Commonwealth with the intent of using the urine to defeat a drug or alcohol screening test;
2. Attempt to defeat a drug or alcohol screening test by the substitution of a sample;
3. Adulterate a urine or other bodily fluid sample with the intent to defraud a drug or alcohol screening test.
B. A violation of this section is a Class 1 misdemeanor.
CREDIT(S)
Acts 2001, c. 379.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-252
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-252. Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education
The trial judge or court trying the case of any person found guilty of violating any law concerning the use, in any manner, of drugs, controlled substances, narcotics, marijuana, noxious chemical substances and like substances, shall condition any suspended sentence by first requiring such person to agree to undergo a substance abuse screening pursuant to § 18.2-251.01 and to submit to such periodic substance abuse testing, to include alcohol testing, as may be directed by the court. Such testing shall be conducted by the supervising probation agency or by personnel of any program or agency approved by the supervising probation agency. The cost of such testing ordered by the court shall be paid by the Commonwealth and taxed as a part of the costs of such criminal proceedings. The judge or court shall order the person, as a condition of any suspended sentence, to undergo such treatment or education for substance abuse, if available, as the judge or court deems appropriate based upon consideration of the substance abuse assessment. The treatment or education shall be provided by a program or agency licensed by the Department of Behavioral Health and Developmental Services, by a similar program or services available through the Department of Corrections if the court imposes a sentence of one year or more or, if the court imposes a sentence of 12 months or less, by a similar program or services available through a local or regional jail, a local community-based probation services agency established pursuant to § 9.1-174, or an ASAP program certified by the Commission on VASAP.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1979, c. 435; Acts 1998, c. 783, eff. July 1, 1999; Acts 1998, c. 840, eff. July 1, 1999; Acts 2000, c. 1020; Acts 2000, c. 1041; Acts 2007, c. 133; Acts 2009, c. 813; Acts 2009, c. 840.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-253
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§§ 18.2-253 to 18.2-253.2. Repealed by Acts 2004, c. 995
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-253.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§§ 18.2-253 to 18.2-253.2. Repealed by Acts 2004, c. 995
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-253.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§§ 18.2-253 to 18.2-253.2. Repealed by Acts 2004, c. 995
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-254
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-254. Commitment of convicted person for treatment for substance abuse
A. Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, stimulant, depressant, or hallucinogenic drugs or has not previously had a proceeding against him for violation of such an offense dismissed as provided in § 18.2-251 is found guilty of violating any law concerning the use, in any manner, of drugs, controlled substances, narcotics, marijuana, noxious chemical substances, and like substances, the judge or court shall require such person to undergo a substance abuse screening pursuant to § 18.2-251.01 and to submit to such periodic substance abuse testing, to include alcohol testing, as may be directed by the court. The cost of such testing ordered by the court shall be paid by the Commonwealth and taxed as a part of the costs of the criminal proceedings. The judge or court shall also order the person to undergo such treatment or education for substance abuse, if available, as the judge or court deems appropriate based upon consideration of the substance abuse assessment. The treatment or education shall be provided by a program or agency licensed by the Department of Behavioral Health and Developmental Services or by a similar program or services available through the Department of Corrections if the court imposes a sentence of one year or more or, if the court imposes a sentence of 12 months or less, by a similar program or services available through a local or regional jail, a local community-based probation services agency established pursuant to § 9.1-174, or an ASAP program certified by the Commission on VASAP.
B. The court trying the case of any person alleged to have committed any offense designated by this article or by the Drug Control Act (§ 54.1-3400 et seq.) or in any other criminal case in which the commission of the offense was motivated by or closely related to the use of drugs and determined by the court, pursuant to a substance abuse screening and assessment, to be in need of treatment for the use of drugs may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse, licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction of such offense or, if sentence was determined by a jury, not in excess of the term of imprisonment as set by such jury. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. A charge of escape may be prosecuted in either the jurisdiction where the treatment facility is located or the jurisdiction where the person was sentenced to commitment. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.
C. The court trying a case in which commission of the offense was related to the defendant's habitual abuse of alcohol and in which the court determines, pursuant to a substance abuse screening and assessment, that such defendant is in need of treatment, may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1978, c. 640; Acts 1979, c. 413; Acts 1979, c. 435; Acts 1992, c. 852; Acts 1998, c. 724; Acts 2000, c. 1020; Acts 2000, c. 1041; Acts 2004, c. 130; Acts 2005, c. 716, eff. Oct. 1, 2005; Acts 2007, c. 133; Acts 2009, c. 813; Acts 2009, c. 840.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-254.1
Effective: July 1, 2010
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-254.1. Drug Treatment Court Act
A. This section shall be known and may be cited as the “Drug Treatment Court Act.”
B. The General Assembly recognizes that there is a critical need in the Commonwealth for effective treatment programs that reduce the incidence of drug use, drug addiction, family separation due to parental substance abuse, and drug-related crimes. It is the intent of the General Assembly by this section to enhance public safety by facilitating the creation of drug treatment courts as means by which to accomplish this purpose.
C. The goals of drug treatment courts include: (i) reducing drug addiction and drug dependency among offenders; (ii) reducing recidivism; (iii) reducing drug-related court workloads; (iv) increasing personal, familial and societal accountability among offenders; and, (v) promoting effective planning and use of resources among the criminal justice system and community agencies.
D. Drug treatment courts are specialized court dockets within the existing structure of Virginia's court system offering judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases. Local officials must complete a recognized planning process before establishing a drug treatment court program.
E. Administrative oversight for implementation of the Drug Treatment Court Act shall be conducted by the Supreme Court of Virginia. The Supreme Court of Virginia shall be responsible for (i) providing oversight for the distribution of funds for drug treatment courts; (ii) providing technical assistance to drug treatment courts; (iii) providing training for judges who preside over drug treatment courts; (iv) providing training to the providers of administrative, case management, and treatment services to drug treatment courts; and (v) monitoring the completion of evaluations of the effectiveness and efficiency of drug treatment courts in the Commonwealth.
F. A state drug treatment court advisory committee shall be established to (i) evaluate and recommend standards for the planning and implementation of drug treatment courts; (ii) assist in the evaluation of their effectiveness and efficiency; and (iii) encourage and enhance cooperation among agencies that participate in their planning and implementation. The committee shall be chaired by the Chief Justice of the Supreme Court of Virginia or his designee and shall include a member of the Judicial Conference of Virginia who presides over a drug treatment court; a district court judge; the Executive Secretary or his designee; the directors of the following executive branch agencies: Department of Corrections, Department of Criminal Justice Services, Department of Juvenile Justice, Department of Behavioral Health and Developmental Services, Department of Social Services; a representative of the following entities: a local community-based probation and pretrial services agency, the Commonwealth's Attorney's Association, the Virginia Indigent Defense Commission, the Circuit Court Clerk's Association, the Virginia Sheriff's Association, the Virginia Association of Chiefs of Police, the Commission on VASAP, and two representatives designated by the Virginia Drug Court Association.
G. Each jurisdiction or combination of jurisdictions that intend to establish a drug treatment court or continue the operation of an existing one shall establish a local drug treatment court advisory committee. Jurisdictions that establish separate adult and juvenile drug treatment courts may establish an advisory committee for each such court. Each advisory committee shall ensure quality, efficiency, and fairness in the planning, implementation, and operation of the drug treatment court or courts that serve the jurisdiction or combination of jurisdictions. Advisory committee membership shall include, but shall not be limited to the following people or their designees: (i) the drug treatment court judge; (ii) the attorney for the Commonwealth, or, where applicable, the city or county attorney who has responsibility for the prosecution of misdemeanor offenses; (iii) the public defender or a member of the local criminal defense bar in jurisdictions in which there is no public defender; (iv) the clerk of the court in which the drug treatment court is located; (v) a representative of the Virginia Department of Corrections, or the Department of Juvenile Justice, or both, from the local office which serves the jurisdiction or combination of jurisdictions; (vi) a representative of a local community-based probation and pretrial services agency; (vii) a local law-enforcement officer; (viii) a representative of the Department of Behavioral Health and Developmental Services or a representative of local drug treatment providers; (ix) the drug court administrator; (x) a representative of the Department of Social Services; (xi) county administrator or city manager; and (xii) any other people selected by the drug treatment court advisory committee.
H. Each local drug treatment court advisory committee shall establish criteria for the eligibility and participation of offenders who have been determined to be addicted to or dependent upon drugs. Subject to the provisions of this section, neither the establishment of a drug treatment court nor anything herein shall be construed as limiting the discretion of the attorney for the Commonwealth to prosecute any criminal case arising therein which he deems advisable to prosecute, except to the extent the participating attorney for the Commonwealth agrees to do so. As defined in § 17.1-805 or 19.2-297.1, adult offenders who have been convicted of a violent criminal offense within the preceding 10 years, or juvenile offenders who previously have been adjudicated not innocent of any such offense within the preceding 10 years, shall not be eligible for participation in any drug treatment court established or continued in operation pursuant to this section.
I. Each drug treatment court advisory committee shall establish policies and procedures for the operation of the court to attain the following goals: (i) effective integration of drug and alcohol treatment services with criminal justice system case processing; (ii) enhanced public safety through intensive offender supervision and drug treatment; (iii) prompt identification and placement of eligible participants; (iv) efficient access to a continuum of alcohol, drug, and related treatment and rehabilitation services; (v) verified participant abstinence through frequent alcohol and other drug testing; (vi) prompt response to participants' noncompliance with program requirements through a coordinated strategy; (vii) ongoing judicial interaction with each drug court participant; (viii) ongoing monitoring and evaluation of program effectiveness and efficiency; (ix) ongoing interdisciplinary education and training in support of program effectiveness and efficiency; and (x) ongoing collaboration among drug treatment courts, public agencies, and community-based organizations to enhance program effectiveness and efficiency.
J. Participation by an offender in a drug treatment court shall be voluntary and made pursuant only to a written agreement entered into by and between the offender and the Commonwealth with the concurrence of the court.
K. Nothing in this section shall preclude the establishment of substance abuse treatment programs and services pursuant to the deferred judgment provisions of § 18.2-251.
L. Each offender shall contribute to the cost of the substance abuse treatment he receives while participating in a drug treatment court pursuant to guidelines developed by the drug treatment court advisory committee.
M. Nothing contained in this section shall confer a right or an expectation of a right to treatment for an offender or be construed as requiring a local drug treatment court advisory committee to accept for participation every offender.
N. The Office of the Executive Secretary shall, with the assistance of the state drug treatment court advisory committee, develop a statewide evaluation model and conduct ongoing evaluations of the effectiveness and efficiency of all local drug treatment courts. A report of these evaluations shall be submitted to the General Assembly by December 1 of each year. Each local drug treatment court advisory committee shall submit evaluative reports to the Office of the Executive Secretary as requested.
O. Notwithstanding any other provision of this section, no drug treatment court shall be established subsequent to March 1, 2004, unless the jurisdiction or jurisdictions intending or proposing to establish such court have been specifically granted permission under the Code of Virginia to establish such court. The provisions of this subsection shall not apply to any drug treatment court established on or before March 1, 2004, and operational as of July 1, 2004.
P. Subject to the requirements and conditions established by the state Drug Treatment Court Advisory Committee, there shall be established a drug treatment court in the following jurisdictions: the City of Chesapeake and the City of Newport News.
Q. Subject to the requirements and conditions established by the state Drug Treatment Court Advisory Committee, there shall be established a drug treatment court in the Juvenile and Domestic Relations District Court for the County of Franklin, provided that such court is funded solely through local sources.
R. Subject to the requirements and conditions established by the state Drug Treatment Court Advisory Committee, there shall be established a drug treatment court in the City of Bristol and the County of Tazewell, provided that the court is funded within existing state and local appropriations.
CREDIT(S)
Acts 2004, c. 1004; Acts 2005, c. 519; Acts 2005, c. 602; Acts 2006, c. 175; Acts 2006, c. 341; Acts 2007, c. 133; Acts 2009, c. 205; Acts 2009, c. 281; Acts 2009, c. 294; Acts 2009, c. 813; Acts 2009, c. 840; Acts 2010, c. 258.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-255
Effective: March 23, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-255. Distribution of certain drugs to persons under 18 prohibited; penalty
A. Except as authorized in the Drug Control Act, Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, it shall be unlawful for any person who is at least 18 years of age to knowingly or intentionally (i) distribute any drug classified in Schedule I, II, III or IV, marijuana or synthetic cannabinoids to any person under 18 years of age who is at least three years his junior or (ii) cause any person under 18 years of age to assist in such distribution of any drug classified in Schedule I, II, III or IV, marijuana or synthetic cannabinoids. Any person violating this provision shall upon conviction be imprisoned in a state correctional facility for a period not less than 10 nor more than 50 years, and fined not more than $100,000. Five years of the sentence imposed for a conviction under this section involving a Schedule I or II controlled substance or one ounce or more of marijuana shall be a mandatory minimum sentence. Two years of the sentence imposed for a conviction under this section involving synthetic cannabinoids or involving less than one ounce of marijuana shall be a mandatory minimum sentence.
B. It shall be unlawful for any person who is at least 18 years of age to knowingly or intentionally (i) distribute any imitation controlled substance to a person under 18 years of age who is at least three years his junior or (ii) cause any person under 18 years of age to assist in such distribution of any imitation controlled substance. Any person violating this provision shall be guilty of a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1976, c. 614; Acts 1979, c. 435; Acts 1982, c. 462; Acts 1990, c. 720; Acts 1990, c. 864; Acts 1990, c. 866; Acts 1992, c. 708; Acts 1992, c. 724; Acts 2000, c. 1020; Acts 2000, c. 1041; Acts 2004, c. 461; Acts 2011, c. 384, eff. March 23, 2011; Acts 2011, c. 410, eff. March 23, 2011.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-255.1
Effective: March 23, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-255.1. Distribution, sale or display of printed material advertising instruments for use in administering marijuana, synthetic cannabinoids, or controlled substances to minors; penalty
It shall be a Class 1 misdemeanor for any person knowingly to sell, distribute, or display for sale to a minor any book, pamphlet, periodical or other printed matter which he knows advertises for sale any instrument, device, article, or contrivance for advertised use in unlawfully ingesting, smoking, administering, preparing or growing marijuana, synthetic cannabinoids, or a controlled substance.
CREDIT(S)
Acts 1980, c. 737; Acts 2011, c. 384, eff. March 23, 2011; Acts 2011, c. 410, eff. March 23, 2011.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-255.2
Effective: March 23, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-255.2. Prohibiting the sale or manufacture of drugs on or near certain properties; penalty
A. It shall be unlawful for any person to manufacture, sell or distribute or possess with intent to sell, give or distribute any controlled substance, imitation controlled substance, marijuana or synthetic cannabinoids while:
1. Upon the property, including buildings and grounds, of any public or private elementary, secondary, or post secondary school, or any public or private two-year or four-year institution of higher education, or any clearly marked licensed child day center as defined in § 63.2-100;
2. Upon public property or any property open to public use within 1,000 feet of the property described in subdivision 1;
3. On any school bus as defined in § 46.2-100;
4. Upon a designated school bus stop, or upon either public property or any property open to public use which is within 1,000 feet of such school bus stop, during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity;
5. Upon the property, including buildings and grounds, of any publicly owned or publicly operated recreation or community center facility or any public library; or
6. Upon the property of any state facility as defined in § 37.2-100 or upon public property or property open to public use within 1,000 feet of such an institution. It is a violation of the provisions of this section if the person possessed the controlled substance, imitation controlled substance, marijuana or synthetic cannabinoids on the property described in subdivisions 1 through 6, regardless of where the person intended to sell, give or distribute the controlled substance, imitation controlled substance , marijuana, or synthetic cannabinoids. Nothing in this section shall prohibit the authorized distribution of controlled substances.
B. Violation of this section shall constitute a separate and distinct felony. Any person violating the provisions of this section shall, upon conviction, be imprisoned for a term of not less than one year nor more than five years and fined not more than $100,000. A second or subsequent conviction hereunder for an offense involving a controlled substance classified in Schedule I, II, or III of the Drug Control Act (§ 54.1-3400 et seq.) or synthetic cannabinoids or more than one-half ounce of marijuana shall be punished by a mandatory minimum term of imprisonment of one year to be served consecutively with any other sentence. However, if such person proves that he sold such controlled substance, marijuana, or synthetic cannabinoids only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance, marijuana, or synthetic cannabinoids to use or become addicted to or dependent upon such controlled substance , marijuana, or synthetic cannabinoids, he shall be guilty of a Class 1 misdemeanor.
C. If a person commits an act violating the provisions of this section, and the same act also violates another provision of law that provides for penalties greater than those provided for by this section, then nothing in this section shall prohibit or bar any prosecution or proceeding under that other provision of law or the imposition of any penalties provided for thereby.
CREDIT(S)
Acts 1982, c. 594; Acts 1989, c. 619; Acts 1989, c. 682; Acts 1989, c. 709; Acts 1990, c. 617; Acts 1990, c. 622; Acts 1991, c. 268; Acts 1991, 1st Sp.S. I, c. 14; Acts 1993, c. 30; Acts 1993, c. 708; Acts 1993, c. 729; Acts 1999, c. 873; Acts 2000, c. 1020; Acts 2000, c. 1041; Acts 2003, c. 80; Acts 2003, c. 91; Acts 2004, c. 461; Acts 2005, c. 716, eff. Oct. 1, 2005; Acts 2006, c. 325; Acts 2011, c. 384, eff. March 23, 2011; Acts 2011, c. 410, eff. March 23, 2011.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-256
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-256. Conspiracy
Any person who conspires to commit any offense defined in this article or in the Drug Control Act (§ 54.1-3400 et seq.) is punishable by imprisonment or fine or both which may not be less than the minimum punishment nor exceed the maximum punishment prescribed for the offense, the commission of which was the object of the conspiracy.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1978, c. 130.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-257
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-257. Attempts
(a) Any person who attempts to commit any offense defined in this article or in the Drug Control Act (§ 54.1-3400 et seq.) which is a felony shall be imprisoned for not less than one nor more than ten years; provided, however, that any person convicted of attempting to commit a felony for which a lesser punishment may be imposed may be punished according to such lesser penalty.
(b) Any person who attempts to commit any offense defined in this article or in the Drug Control Act which is a misdemeanor shall be guilty of a Class 2 misdemeanor; provided, however, that any person convicted of attempting to commit a misdemeanor for which a lesser punishment may be imposed may be punished according to such lesser penalty.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1979, c. 435.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-258
Effective: March 23, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-258. Certain premises deemed common nuisance; penalty
Any office, store, shop, restaurant, dance hall, theater, poolroom, clubhouse, storehouse, warehouse, dwelling house, apartment, building of any kind, vehicle, vessel, boat, or aircraft, which with the knowledge of the owner, lessor, agent of any such lessor, manager, chief executive officer, operator, or tenant thereof, is frequented by persons under the influence of illegally obtained controlled substances or marijuana, as defined in § 54.1-3401, or synthetic cannabinoids, or for the purpose of illegally obtaining possession of, manufacturing or distributing controlled substances, marijuana, or synthetic cannabinoids, or is used for the illegal possession, manufacture or distribution of controlled substances , marijuana, or synthetic cannabinoids shall be deemed a common nuisance. Any such owner, lessor, agent of any such lessor, manager, chief executive officer, operator, or tenant who knowingly permits, establishes, keeps or maintains such a common nuisance is guilty of a Class 1 misdemeanor and, for a second or subsequent offense, a Class 6 felony.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1979, c. 435; Acts 1990, c. 948; Acts 1992, c. 248; Acts 1992, c. 538; Acts 2004, c. 462; Acts 2011, c. 384, eff. March 23, 2011; Acts 2011, c. 410, eff. March 23, 2011.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-258.01
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-258.01. Enjoining nuisances involving illegal drug transactions
The attorney for the Commonwealth, or any citizen of the county, city, or town, where such a nuisance as is described in § 18.2-258 exists, may, in addition to the remedies given in and punishment imposed by this chapter, maintain a suit in equity in the name of the Commonwealth to enjoin the same; provided, however, the attorney for the Commonwealth shall not be required to prosecute any suit brought by a citizen under this section. In every case where the bill charges, on the knowledge or belief of complainant, and is sworn to by two witnesses, that a nuisance exists as described in § 18.2-258, a temporary injunction may be granted as soon as the bill is presented to the court provided reasonable notice has been given. The injunction shall enjoin and restrain any owners, tenants, their agents, employees, and any other person from contributing to or maintaining the nuisance and may impose such other requirements as the court deems appropriate. If, after hearing, the court finds that the material allegations of the bill are true, although the premises complained of may not then be unlawfully used, it shall continue the injunction against such persons or premises for such period of time as it deems appropriate, with the right to dissolve the injunction upon a proper showing by the owner of the premises.
CREDIT(S)
Acts 1990, c. 948.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-258.02
Effective: March 23, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-258.02. Maintaining a fortified drug house; penalty
Any office, store, shop, restaurant, dance hall, theater, poolroom, clubhouse, storehouse, warehouse, dwelling house, apartment or building or structure of any kind which is (i) substantially altered from its original status by means of reinforcement with the intent to impede, deter or delay lawful entry by a law-enforcement officer into such structure, (ii) being used for the purpose of manufacturing or distributing controlled substances, marijuana, or synthetic cannabinoids, and (iii) the object of a valid search warrant, shall be considered a fortified drug house. Any person who maintains or operates a fortified drug house is guilty of a Class 5 felony.
CREDIT(S)
Acts 1996, c. 913; Acts 2011, c. 384, eff. March 23, 2011; Acts 2011, c. 410, eff. March 23, 2011.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-258.1
Effective: March 23, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-258.1. Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery
A. It shall be unlawful for any person to obtain or attempt to obtain any drug or procure or attempt to procure the administration of any controlled substance, marijuana, or synthetic cannabinoids: (i) by fraud, deceit, misrepresentation, embezzlement, or subterfuge; or (ii) by the forgery or alteration of a prescription or of any written order; or (iii) by the concealment of a material fact; or (iv) by the use of a false name or the giving of a false address.
B. It shall be unlawful for any person to furnish false or fraudulent information in or omit any information from, or willfully make a false statement in, any prescription, order, report, record, or other document required by Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1.
C. It shall be unlawful for any person to use in the course of the manufacture or distribution of a controlled substance, marijuana, or synthetic cannabinoids a license number which is fictitious, revoked, suspended, or issued to another person.
D. It shall be unlawful for any person, for the purpose of obtaining any controlled substance, marijuana, or synthetic cannabinoids to falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian or other authorized person.
E. It shall be unlawful for any person to make or utter any false or forged prescription or false or forged written order.
F. It shall be unlawful for any person to affix any false or forged label to a package or receptacle containing any controlled substance.
G. This section shall not apply to officers and employees of the United States, of this Commonwealth or of a political subdivision of this Commonwealth acting in the course of their employment, who obtain such drugs for investigative, research or analytical purposes, or to the agents or duly authorized representatives of any pharmaceutical manufacturer who obtain such drugs for investigative, research or analytical purposes and who are acting in the course of their employment; provided that such manufacturer is licensed under the provisions of the Federal Food, Drug and Cosmetic Act; and provided further, that such pharmaceutical manufacturer, its agents and duly authorized representatives file with the Board such information as the Board may deem appropriate.
H. Except as otherwise provided in this subsection, any person who shall violate any provision herein shall be guilty of a Class 6 felony.
Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for violation of such an offense dismissed, or reduced as provided in this section, pleads guilty to or enters a plea of not guilty to the court for violating this section, upon such plea if the facts found by the court would justify a finding of guilt, the court may place him on probation upon terms and conditions.
As
a term or condition, the court shall require the accused to be evaluated and
enter a treatment and/
As a condition of supervised probation, the court shall require the accused to remain drug free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug free. Such testing may be conducted by the personnel of any screening, evaluation, and education program to which the person is referred or by the supervising agency.
Unless the accused was fingerprinted at the time of arrest, the court shall order the accused to report to the original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt upon the felony and proceed as otherwise provided. Upon fulfillment of the terms and conditions of probation, the court shall find the defendant guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1977, c. 558; Acts 1979, c. 435; Acts 1992, c. 76; Acts 1997, c. 542; Acts 2009, c. 813; Acts 2009, c. 840; Acts 2011, c. 384, eff. March 23, 2011; Acts 2011, c. 410, eff. March 23, 2011.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-258.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-258.2. Assisting individuals in unlawfully procuring prescription drugs; penalty
Unless otherwise specifically authorized by law, any person who, for compensation, knowingly assists another in unlawfully procuring prescription drugs from a pharmacy or other source he knows is not licensed, registered or permitted by the licensing authority of the Commonwealth, any other state or territory of the United States, or the United States, is guilty of a Class 1 misdemeanor and, upon a second or subsequent conviction, a Class 6 felony.
CREDIT(S)
Acts 2004, c. 620.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-259
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-259. Penalties to be in addition to civil or administrative sanctions
Any penalty imposed for violation of this article or of the Drug Control Act (§ 54.1-3400 et seq.) shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-259.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-259.1. Forfeiture of driver's license for violations of article
A. In addition to any other sanction or penalty imposed for a violation of this article, the (i) judgment of conviction under this article or (ii) placement on probation following deferral of further proceedings under § 18.2-251 or subsection H of § 18.2-258.1 for any such offense shall of itself operate to deprive the person so convicted or placed on probation after deferral of proceedings under § 18.2-251 or subsection H of § 18.2-258.1 of the privilege to drive or operate a motor vehicle, engine, or train in the Commonwealth for a period of six months from the date of such judgment or placement on probation. Such license forfeiture shall be in addition to and shall run consecutively with any other license suspension, revocation or forfeiture in effect or imposed upon the person so convicted or placed on probation. However, a juvenile who has had his license suspended or denied pursuant to § 16.1-278.9 shall not have his license forfeited pursuant to this section for the same offense.
B. The court trying the case shall order any person so convicted or placed on probation to surrender his driver's license to be disposed of in accordance with the provisions of § 46.2-398 and shall notify the Department of Motor Vehicles of any such conviction entered and of the license forfeiture to be imposed.
C. In those cases where the court determines there are compelling circumstances warranting an exception, the court may provide that any individual be issued a restricted license to operate a motor vehicle for any of the purposes set forth in subsection E of § 18.2-271.1. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver's License Act (§ 46.2-341.1 et seq.). The court shall order the surrender of such person's license in accordance with the provisions of subsection B and shall forward to the Commissioner of the Department of Motor Vehicles a copy of its order entered pursuant to this subsection. This order shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to such person who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted license, but only if the order provides for a restricted license for that period. A copy of the order and, after receipt thereof, the restricted license shall be carried at all times by such person while operating a motor vehicle. The court may require a person issued a restricted permit under the provisions of this subsection to be monitored by an alcohol safety action program during the period of license suspension. Any violation of the terms of the restricted license or of any condition set forth by the court related thereto, or any failure to remain drug-free during such period shall be reported forthwith to the court by such program. Any person who operates a motor vehicle in violation of any restriction imposed pursuant to this section shall be guilty of a violation of § 46.2-301.
CREDIT(S)
Acts 1992, c. 58; Acts 1992, c. 833; Acts 1993, c. 920; Acts 1994, c. 403; Acts 1994, c. 545; Acts 1999, c. 45; Acts 2000, c. 325; Acts 2001, c. 645; Acts 2001, c. 779.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-260
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-260. Prescribing, dispensing, etc., drug except as authorized in article and Drug Control Act; violations for which no penalty provided
It shall be unlawful for any person to prescribe, administer or dispense any drug except as authorized in the Drug Control Act (§ 54.1-3400 et seq.) or in this article. Any person who violates any provision of the Drug Control Act or of this article, for which no penalty is elsewhere specified in this article or in Article 7 (§ 54.1-3466 et seq.) of the Drug Control Act, shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-260.1
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-260.1. Falsifying patient records
Any person who, with the intent to defraud, falsifies any patient record shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1997, c. 619; Acts 2011, c. 204.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-261
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-261. Monetary penalty
Any person licensed by the State Board of Pharmacy who violates any of the provisions of the Drug Control Act (§ 54.1-3400 et seq.) or of this article, and who is not criminally prosecuted, shall be subject to the monetary penalty provided in this section. If, by a majority vote, the Board shall determine that the respondent is guilty of the violation complained of, the Board shall proceed to determine the amount of the monetary penalty for such violation, which shall not exceed the sum of $1,000 for each violation. Such penalty may be sued for and recovered in the name of the Commonwealth.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1980, c. 678.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-262
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-262. Witnesses not excused from testifying or producing evidence because of self-incrimination
No person shall be excused from testifying or from producing books, papers, correspondence, memoranda or other records for the Commonwealth as to any offense alleged to have been committed by another under this article or under the Drug Control Act (§ 54.1-3400 et seq.) by reason of his testimony or other evidence tending to incriminate himself, but the testimony given and evidence so produced by such person on behalf of the Commonwealth when called for by the trial judge or court trying the case, or by the attorney for the Commonwealth, or when summoned by the Commonwealth and sworn as a witness by the court or the clerk and sent before the grand jury, shall be in no case used against him nor shall he be prosecuted as to the offense as to which he testifies. Any person who refuses to testify or produce books, papers, correspondence, memoranda or other records, shall be guilty of a Class 2 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1984, c. 667.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-263
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-263. Unnecessary to negative exception, etc.; burden of proof of exception, etc.
In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this article or of the Drug Control Act (§ 54.1-3400 et seq.), it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this article or in the Drug Control Act, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-264
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-264. Inhaling drugs or other noxious chemical substances or causing, etc., others to do so
A. It shall be unlawful, except under the direction of a practitioner as defined in § 54.1-3401, for any person deliberately to smell or inhale any drugs or any other noxious chemical substances including but not limited to fingernail polish or model airplane glue, containing any ketones, aldehydes, organic acetates, ether, chlorinated hydrocarbons or vapors, with the intent to become intoxicated, inebriated, excited, stupefied or to dull the brain or nervous system.
Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor.
B. It shall be unlawful for any person, other than one duly licensed, deliberately to cause, invite or induce any person to smell or inhale any drugs or any other noxious substances or chemicals containing any ketone, aldehydes, organic acetates, ether, chlorinated hydrocarbons or vapors with the intent to intoxicate, inebriate, excite, stupefy or to dull the brain or nervous system of such person.
Any person violating the provisions of this subsection shall be guilty of a Class 2 misdemeanor.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1993, c. 416.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-264.01
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-264.01. Repealed by Acts 2002, c. 831, eff. July 1, 2003
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-264.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-264.1. Repealed by Acts 1994, c. 432
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1. Drugs (Refs & Annos)
§ 18.2-265. Repealed by Acts 1979, c. 638
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 7, Art. 1.1, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 7. Crimes Involving Health and Safety
Article 1.1. Drug Paraphernalia
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.1. Drug Paraphernalia (Refs & Annos)
§ 18.2-265.1. Definition
As used in this article, the term “drug paraphernalia” means all equipment, products, and materials of any kind which are either designed for use or which are intended by the person charged with violating § 18.2-265.3 for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance. It includes, but is not limited to:
1. Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of marijuana or any species of plant which is a controlled substance or from which a controlled substance can be derived;
2. Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing marijuana or controlled substances;
3. Isomerization devices intended for use or designed for use in increasing the potency of marijuana or any species of plant which is a controlled substance;
4. Testing equipment intended for use or designed for use in identifying or in analyzing the strength or effectiveness of marijuana or controlled substances;
5. Scales and balances intended for use or designed for use in weighing or measuring marijuana or controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, or mannite, intended for use or designed for use in cutting controlled substances;
7. Separation gins and sifters intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
8. Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding controlled substances;
9. Capsules, balloons, envelopes, and other containers intended for use or designed for use in packaging small quantities of marijuana or controlled substances;
10. Containers and other objects intended for use or designed for use in storing or concealing marijuana or controlled substances;
11. Hypodermic syringes, needles, and other objects intended for use or designed for use in parenterally injecting controlled substances into the human body;
12. Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
f. Miniature cocaine spoons, and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs;
m. Ice pipes or chillers.
CREDIT(S)
Acts 1981, c. 598; Acts 1983, c. 535.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.1. Drug Paraphernalia (Refs & Annos)
§ 18.2-265.2. Evidence to be considered in cases under this article
In determining whether an object is drug paraphernalia, the court may consider, in addition to all other relevant evidence, the following:
1. Constitutionally admissible statements by the accused concerning the use of the object;
2. The proximity of the object to marijuana or controlled substances, which proximity is actually known to the accused;
3. Instructions, oral or written, provided with the object concerning its use;
4. Descriptive materials accompanying the object which explain or depict its use;
5. National and local advertising within the actual knowledge of the accused concerning its use;
6. The manner in which the object is displayed for sale;
7. Whether the accused is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
8. Evidence of the ratio of sales of the objects defined in § 18.2-265.1 to the total sales of the business enterprise;
9. The existence and scope of legitimate uses for the object in the community;
10. Expert testimony concerning its use or the purpose for which it was designed;
11. Relevant evidence of the intent of the accused to deliver it to persons who he knows, or should reasonably know, intend to use the object with an illegal drug. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
CREDIT(S)
Acts 1981, c. 598; Acts 1983, c. 535.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.3
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.1. Drug Paraphernalia (Refs & Annos)
§ 18.2-265.3. Penalties for sale, etc., of drug paraphernalia
A. Any person who sells or possesses with intent to sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it is either designed for use or intended by such person for use to illegally plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body marijuana or a controlled substance, shall be guilty of a Class 1 misdemeanor.
B. Any person eighteen years of age or older who violates subsection A hereof by selling drug paraphernalia to a minor who is at least three years junior to the accused in age shall be guilty of a Class 6 felony.
C. Any person eighteen years of age or older who distributes drug paraphernalia to a minor shall be guilty of a Class 1 misdemeanor.
CREDIT(S)
Acts 1981, c. 598; Acts 1983, c. 535; Acts 1984, c. 31.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.4
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.1. Drug Paraphernalia (Refs & Annos)
§ 18.2-265.4. Repealed by Acts 2004, c. 995
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.5
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.1. Drug Paraphernalia (Refs & Annos)
§ 18.2-265.5. Advertisement of drug paraphernalia prohibited; penalty
It shall be unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended by such person for use as drug paraphernalia. A violation of this section shall be punishable as a Class 1 misdemeanor.
CREDIT(S)
Acts 1983, c. 535
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 7, Art. 1.2, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 7. Crimes Involving Health and Safety
Article 1.2. Sale of Ephedrine or Related Compounds
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.6
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.6. Definitions
As used in this article, unless the context requires a different meaning:
“Department” means the Department of State Police.
“Ephedrine or related compounds” means ephedrine and pseudoephedrine base or their salts, isomers, or salts of isomers.
“Pharmacy” means any establishment or institution from which drugs, medicines, or medicinal chemicals are dispensed or offered for sale or on which a sign is displayed bearing the words “apothecary,” “druggist,” “drugs,” “drug store,” “drug sundries,” “medicine store,” “pharmacist,” “pharmacy,” or “prescriptions filled” or any similar words intended to indicate that the practice of pharmacy is being conducted pursuant to a license issued under Chapter 33 (§ 54.1-3300 et seq.) of Title 54.1.
“Retail distributor” means an entity licensed to conduct business in the Commonwealth that offers for sale to the public at a retail outlet any nonprescription compound, mixture, or preparation containing ephedrine or related compounds.
“System” or “electronic system” means a real-time electronic recordkeeping and monitoring system for the sale of ephedrine or related compounds.
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.7
Formerly cited as VA ST § 18.2-248.8
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.7. Sale of the methamphetamine precursors ephedrine or related compounds; penalty
A. The sale of any product containing ephedrine or related compounds sold by a pharmacy or retail distributor shall be limited to no more than 3.6 grams per day and 9 grams per 30-day period per individual customer. The limits shall apply to the total amount of base ephedrine or related compounds contained in the products and not to the overall weight of the products.
B. Ephedrine or related compounds shall only be displayed for sale behind a store counter that is not accessible to consumers or in a locked case that requires assistance by a store employee for customer access.
C. Any person purchasing, receiving, or otherwise acquiring ephedrine or related compounds shall, prior to taking possession, present photo identification issued by a government or an educational institution.
D. The pharmacy or retail distributor shall maintain a written log or electronic system with the purchaser's name and address, birth date, and signature; the product name and quantity sold; and the date and time of the transaction. Unless exempt under subsection B of § 18.2-265.8 or § 18.2-265.11, the pharmacy or retail distributor shall use the electronic recordkeeping and monitoring system to report all nonprescription sales of any product containing ephedrine or related compounds.
E. The purchaser shall sign the record acknowledging an understanding of the applicable sales limit and that providing false statements or misrepresentations may subject the purchaser to criminal penalties under § 1001 of Title 18 of the United States Code.
F. The pharmacy or retail distributor shall maintain records of all sales required to be entered into the electronic system or written log for a period of two years from the date of the last entry.
G. The provisions of this article do not apply to sales of ephedrine or related compounds pursuant to a valid prescription.
H. Any person who willfully violates this section is guilty of a Class 1 misdemeanor.
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.8
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.8. Real-time electronic recording of sales of ephedrine or related compounds; memorandum of understanding
A. The Department shall enter into a memorandum of understanding with an appropriate entity to establish the Commonwealth's participation in a real-time electronic recordkeeping and monitoring system for the sale of ephedrine or related compounds. The memorandum of understanding shall include the following:
1. A real-time electronic recordkeeping and monitoring system shall be provided at no charge to the Commonwealth or to participating pharmacies and retail distributors and shall be approved by the Department.
2. The system shall provide, at no charge to participating pharmacies and retail distributors, appropriate training, 24-hour online support, and a toll-free telephone help line that is staffed 24 hours a day.
3. The system shall be able to communicate in real time with similar systems operated in other states and the District of Columbia and similar systems containing information submitted by more than one state.
4. The system shall comply with information exchange standards adopted by the National Information Exchange Model.
5. The system shall include a stop sales alert, which shall be a notification that completion of the sale would result in the seller or purchaser violating the quantity limits set forth in § 18.2-265.7, with an override function that may be used by a pharmacy or retail distributor under the circumstances set forth in § 18.2-265.9 and shall record each instance in which the override function is utilized.
6. The system shall provide for the recording of the following:
a. The date and time of the transaction;
b. The name, address, date of birth, and photo identification number of the purchaser; the type of identification; and the government or educational institution of issuance;
c. The number of packages purchased; the total number of grams of ephedrine or related compounds per package; and the name of the compound, mixture, or preparation containing ephedrine or related compounds; and
d. The signature of the purchaser or unique number connecting the transaction to a paper signature maintained at the retail premises.
7. The system shall ensure that submitted data is retained within the system for at least two years from the date of submission.
B. The Department shall provide a process for a pharmacy or retail distributor to apply for, obtain, and periodically renew an exemption from the requirement to report transactions to the electronic system if the pharmacy or retail distributor lacks broadband access or maintains a sales volume of less than 72 grams of ephedrine or related compounds in a 30-day period.
C. The Superintendent of State Police shall promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) for the implementation of this section. Regulations adopted under this section shall be deemed a customary police function for purposes of subdivision B 6 of § 2.2-4002.
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.9
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.9. Stop sales alerts; interruption of electronic system
A. A pharmacy or retail distributor shall not complete the sale if the system generates a stop sales alert unless the individual distributing the ephedrine or related compound has a reasonable fear of imminent bodily harm if the sale is not completed.
B. In the event of a mechanical or electronic interruption of the system, the pharmacy or retail establishment shall maintain a written log of sales of ephedrine or related compounds until the system is restored. The information written in the log shall be transmitted to the system as soon as practicable after the system is restored.
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.10
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.10. Exemption from participation in electronic system; requirement to maintain log
Any pharmacy or retail distributor that has been granted an exemption from participation in the system pursuant to subsection B of § 18.2-265.8 shall forward to the Department every seven days by fax or electronic means a legible copy of the log required by § 18.2-265.7.
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.11
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.11. Exemption from participation in electronic system and maintenance of a written log
A. The following entities shall not be required to participate in the electronic system and shall not be required to maintain a written log:
1. Licensed manufacturers that manufacture and lawfully distribute products in the channels of commerce.
2. Wholesalers that lawfully distribute products in the channels of commerce.
3. Inpatient pharmacies of health care facilities licensed in the Commonwealth.
4. Licensed long-term health care facilities.
5. Government-operated health care clinics or departments or centers.
6. Physicians who dispense drugs pursuant to § 54.1-3304.
7. Pharmacies located in correctional facilities.
8. Government-operated or industry-operated medical facilities serving the employees of the Commonwealth or local or federal government.
B. Purchases of ephedrine or related compounds pursuant to a valid prescription are not required to be reported to the system or entered into a written log.
C. The sale of a single package containing no more than 60 milligrams of ephedrine or related compounds to an individual is not required to be reported to the system or entered into a log provided it is an isolated sale.
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.12
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.12. Authority to access data, records, and reports
The Department or other law-enforcement agency of the Commonwealth or any federal agency conducting a criminal investigation involving the manufacture of methamphetamine consistent with state or federal law may access data, records, and reports regarding the sale of ephedrine or related compounds. In addition, such information may be accessed if relevant to proceedings in any court, investigatory grand jury, or special grand jury that has been impaneled in accordance with the provisions of Chapter 13 (§ 19.2-191 et seq.) of Title 19.2.
The Superintendent of State Police shall promulgate regulations, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), for the implementation of this section. Regulations adopted under this section shall be deemed a customary police function for purposes of subdivision B 6 of § 2.2-4002.
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.13
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.13. Confidentiality of data in possession of Department
All data, records, and reports related to the sale of ephedrine or related compounds to retail customers and any abstracts of such data, records, and reports that are in the possession of the Department pursuant to this article shall be confidential and exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.).
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.14
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.14. Prohibition on disclosure of information by entity operating the system
The entity operating the system pursuant to the memorandum of understanding with the Department shall not use or disclose the information collected on behalf of the Department from a pharmacy or retail distributor for any purpose other than (i) to ensure compliance with this article or the federal Combat Methamphetamine Epidemic Act of 2005, (ii) to comply with the United States government or a political subdivision thereof for law-enforcement purposes pursuant to state or federal law, or (iii) to facilitate a product recall necessary to protect public health and safety.
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.15
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.15. Prohibition on disclosure of information by pharmacy or retail distributor; civil immunity
A pharmacy or retail distributor that sells any product containing ephedrine or related compounds shall not use or disclose the information in the system or a written log for any purpose other than (i) to ensure compliance with this article or the federal Combat Methamphetamine Epidemic Act of 2005, (ii) to comply with the United States government or a political subdivision thereof for law-enforcement purposes pursuant to state or federal law, or (iii) to facilitate a product recall necessary to protect public health and safety. A pharmacy or retail distributor shall report information in the written log or electronic system to law-enforcement personnel upon request, and any pharmacy or retail distributor that in good faith releases such information to federal, state, or local law-enforcement officers, or to any person acting on behalf of such officers, shall be immune from civil liability for the release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.16
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.16. Compliance with statutory provisions; civil immunity
Absent gross negligence, recklessness, or willful misconduct, any pharmacy or retail distributor utilizing the system or written log in compliance with this article shall be immune from civil liability as a result of actions or omissions in carrying out such statutory duties.
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.17
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.17. Exemption of information systems from provisions related to the Virginia Information Technologies Agency
The provisions of Chapter 20.1 (§ 2.2-2005 et seq.) of Title 2.2 shall not apply to this article.
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-265.18
Effective: January 1, 2013
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 1.2. Sale of Ephedrine or Related Compounds (Refs & Annos)
§ 18.2-265.18. Failure to report certain sales; penalty
Any person subject to the recordkeeping and reporting requirements set forth in this article that willfully fails to report nonprescription sales of ephedrine or related compounds is guilty of a Class 1 misdemeanor.
CREDIT(S)
Added by Acts 2012, c. 160, eff. Jan. 1, 2013; Acts 2012, c. 252, eff. Jan. 1, 2013.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. T. 18.2, Ch. 7, Art. 2, Refs & Annos
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally
Chapter 7. Crimes Involving Health and Safety
Article 2. Driving Motor Vehicle, Etc., While Intoxicated
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-266
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 2. Driving Motor Vehicle, Etc., While Intoxicated (Refs & Annos)
§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.
It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).
For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1977, c. 637; Acts 1984, c. 666; Acts 1986, c. 635; Acts 1987, c. 661; Acts 1992, c. 830; Acts 1994, c. 359; Acts 1994, c. 363; Acts 1996, c. 439; Acts 2005, c. 616; Acts 2005, c. 845.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-266.1
Effective: July 1, 2011
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 2. Driving Motor Vehicle, Etc., While Intoxicated (Refs & Annos)
§ 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol; penalty
A. It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.
B. A violation of this section is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.
C. Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.
CREDIT(S)
Acts 1994, c. 359; Acts 1994, c. 363; Acts 1995, c. 31; Acts 2003, c. 605; Acts 2008, c. 729; Acts 2009, c. 660; Acts 2011, c. 134; Acts 2011, c. 683.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-267
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 2. Driving Motor Vehicle, Etc., While Intoxicated (Refs & Annos)
§ 18.2-267. Preliminary analysis of breath to determine alcoholic content of blood
A. Any person who is suspected of a violation of § 18.2-266, 18.2-266.1, subsection B of § 18.2-272, or a similar ordinance shall be entitled, if such equipment is available, to have his breath analyzed to determine the probable alcoholic content of his blood. The person shall also be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. His breath may be analyzed by any police officer of the Commonwealth, or of any county, city or town, or by any member of a sheriff's department in the normal discharge of his duties.
B. The Department of Forensic Science shall determine the proper method and equipment to be used in analyzing breath samples taken pursuant to this section and shall advise the respective police and sheriff's departments of the same.
C. Any person who has been stopped by a police officer of the Commonwealth, or of any county, city or town, or by any member of a sheriff's department and is suspected by such officer to be guilty of an offense listed in subsection A, shall have the right to refuse to permit his breath to be so analyzed, and his failure to permit such analysis shall not be evidence in any prosecution for an offense listed in subsection A.
D. Whenever the breath sample analysis indicates that alcohol is present in the person's blood, the officer may charge the person with a violation of an offense listed in subsection A. The person so charged shall then be subject to the provisions of §§ 18.2-268.1 through 18.2-268.12, or of a similar ordinance.
E. The results of the breath analysis shall not be admitted into evidence in any prosecution for an offense listed in subsection A, the purpose of this section being to permit a preliminary analysis of the alcoholic content of the blood of a person suspected of having committed an offense listed in subsection A.
F. Police officers or members of any sheriff's department shall, upon stopping any person suspected of having committed an offense listed in subsection A, advise the person of his rights under the provisions of this section.
G. Nothing in this section shall be construed as limiting the provisions of §§ 18.2-268.1 through 18.2-268.12.
CREDIT(S)
Acts 1975, c. 14; Acts 1975, c. 15; Acts 1979, c. 717; Acts 1985, c. 355; Acts 1985, c. 609; Acts 1990, c. 825; Acts 1992, c. 830; Acts 1994, c. 359; Acts 1994, c. 363; Acts 1996, c. 154; Acts 1996, c. 952; Acts 2004, c. 1013; Acts 2005, c. 757; Acts 2005, c. 840; Acts 2005, c. 868; Acts 2005, c. 881.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-268
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 2. Driving Motor Vehicle, Etc., While Intoxicated (Refs & Annos)
§ 18.2-268. Repealed by Acts 1992, c. 830
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-268.1
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 2. Driving Motor Vehicle, Etc., While Intoxicated (Refs & Annos)
§ 18.2-268.1. Chemical testing to determine alcohol or drug content of blood; definitions
As used in §§ 18.2-268.2 through 18.2-268.12, unless the context clearly indicates otherwise:
The phrase “alcohol or drug” means alcohol, a drug or drugs, or any combination of alcohol and a drug or drugs.
The phrase “blood or breath” means either or both.
“Chief police officer” means the sheriff in any county not having a chief of police, the chief of police of any county having a chief of police, the chief of police of the city, or the sergeant or chief of police of the town in which the charge will be heard, or their authorized representatives.
“Department” means the Department of Forensic Science.
“Director” means the Director of the Department of Forensic Science.
“License” means any driver's license, temporary driver's license, or instruction permit authorizing the operation of a motor vehicle upon the highways.
“Ordinance” means a county, city or town ordinance.
CREDIT(S)
Acts 1992, c. 830; Acts 2005, c. 868; Acts 2005, c. 881.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-268.2
Effective:[See Text Amendments]
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 2. Driving Motor Vehicle, Etc., While Intoxicated (Refs & Annos)
§ 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood
A. Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense.
B. Any person so arrested for a violation of clause (i) or (ii) of § 18.2-266 or both, § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.
C. A person, after having been arrested for a violation of clause (iii), (iv), or (v) of § 18.2-266 or § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of § 18.2-266 (i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.
CREDIT(S)
Acts 1992, c. 830; Acts 1993, c. 746; Acts 1994, c. 359, eff. Jan. 1, 1995; Acts 1994, c. 363, eff. Jan. 1, 1995; Acts 1995, c. 23, eff. Feb. 23, 1995; Acts 2002, c. 748; Acts 2004, c. 1013; Acts 2005, c. 616; Acts 2005, c. 757; Acts 2005, c. 840.
Current through End of the 2012 Reg. Sess. and 2012 Sp. S. I. and include 2013 Reg. Sess. cc. 2 and 3
VA Code Ann. § 18.2-268.3
Effective: July 1, 2009
West's Annotated Code of Virginia Currentness
Title 18.2. Crimes and Offenses Generally (Refs & Annos)
Chapter 7. Crimes Involving Health and Safety (Refs & Annos)
Article 2. Driving Motor Vehicle, Etc., While Intoxicated (Refs & Annos)
§ 18.2-268.3. Refusal of tests; penalties; procedures
A. It shall be unlawful for a person who is arrested for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this section.
B. When a person is arrested for a violation of § 18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that (i) a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) the criminal penalty for unreasonable refusal within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal is a Class 2 misdemeanor, and (v) the criminal penalty for unreasonable refusal within 10 years of any two prior convictions for driving while intoxicated or unreasonable refusal is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.
C. The arresting officer shall, under oath before the magistrate, execute the form and certify, (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection B to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection B read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, §