Gangs and Gang Activity

Membership in a gang in Virginia is not a crime by itself, but participating in a Criminal Street Gang and committing criminal acts for the benefit of the gang is a crime under Va. Code §18.2-46.2.  The offense is referred to as Criminal Street Gang Participation in Virginia.

What is A Criminal Street Gang?criminal street gang participation in Virginia

A Criminal Street Gang in Virginia is defined in Va. Code §18.2-46.1 as “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.”

Criminal Street Gang Participation in Virginia

It is a Class 5 felony in Virginia under Va. Code §18.2-46.2 to participate in or be a member of a Criminal Street Gang and knowingly and willfully participate in a criminal act for the benefit of, at the direction of, or in association with a criminal street gang.  Criminal Street Gang participation in Virginia is punished with up to 10 years in prison and a fine up to $2,500.

Criminal Street Gang participation in Virginia by an offender who knows that the gang includes a juvenile is a Class 4 felony, punished with 2 to 10 years in prison and a fine up to $100,000.

Criminal Street Gang participation in Virginia is a separate offense from any underlying crime forming the basis for this charge, and the offender can be convicted of both Criminal Street Gang participation in Virginia and any other act of violence listed in the statute which satisfies the predicate crime of Criminal Street Gang participation in Virginia under Va. Code §18.2-46.2 .

Recruitment of Person into Criminal Street Gang in Virginia

Recruiting a person to participate in or join a Criminal Street Gang is a Class 1 misdemeanor under Va. Code §18.2-46.3(A). This offense is punished with up to 12 months in jail and a fine up to $2,500.  Recruiting a juvenile to participate in or join a Criminal Street Gang is a Class 6 felony under Va. Code §18.2-46.3(B).  This offense is punished with up to 5 years in prison and a fine up to $2,500.

Multiple Offences of Criminal Street Gang Participation or Recruitment

If an offender is convicted of a felony violation of Criminal Street Gang participation in Virginia or Criminal Street Gang recruitment and has been convicted twice before in the past ten years of any combination of Criminal Street Gang recruitment or Criminal Street Gang participation in Virginia, the offense is a Class 3 felony under Va. Code §18.2-46.3:1.  This offense is punished with 5-20 years in prison and a fine up to $100,000.

Threatening Force to Join Criminal Street Gang in Virginia

Using or threatening force against a person or a member of his family or household to encourage a person to join or remain in a Criminal Street Gang is a Class 6 felony under Va. Code §18.1-46.3(B).  A conviction for this offense is punished with up to 5 years in prison and a fine up to $2,500.

Criminal Street Gang Activity On or Near School Property

crimes-involving-a-criminal-street-gang-in-virginia-can-be-misdemeanors-or-feloniesVa. Code §18.2-46.3:3 states that a conviction for Criminal Street Gang participation on school property, within 1000 feet of a school, on a school bus, or at public community centers or rec centers is a Class 5 felony.  It is punished with a mandatory minimum, consecutive sentence of 2 years in prison up to 10 years in prison.  A conviction for Criminal Street Gang participation in Virginia on school property is a Class 4 felony if an adult offender knew or had reason to know that there was a juvenile member of the Criminal Street Gang.

Recruiting a person for Criminal Street Gang activity on school or public property is a Class 6 felony under Va. Code §18.2-46.3:3.  This offense is punished with up to 5 years in prison and a fine up to $2,500.  An adult convicted of recruitment of a juvenile into a Criminal Street Gang on or near school or certain public property has committed a Class 5 felony, punished with up to 10 years in prison and a fine up to $2,500.

Using force to encourage Criminal Street Gang participation in Virginia under Va. Code §18.2-46.3(B) on or within 1000 feet of school or other listed public property is a Class 5 felony under Va. Code §18.2-46.3:3.

Hazing of Gang Members and Prospective Gang Members

Hazing a member or potential member of a Criminal Street Gang is a Class 1 misdemeanor under Va. Code §18.2-55.1.  Hazing means recklessly or intentionally endangering the health or safety of a person or to inflict bodily injury on a person for initiation, admission to, affiliation with, or continued membership in a Criminal Street Gang.

Property Forfeiture

Property used in connection with any Criminal Street Gang activity or recruitment is subject to civil forfeiture by the Commonwealth under Va. Code §18.2-46.3:2.