Virginia law § 18.2-46.2 criminalizes active participation in or membership of a criminal street gang, especially when involved in predicate criminal acts. Penalties vary from a Class 4 felony to a more severe Class 3 felony if certain conditions are met, such as involvement of juveniles or violent acts. The law emphasizes that violations are separate offenses and do not prevent prosecution under other laws.
Active participation includes knowingly and willfully engaging in or being a member of a gang involved in criminal activities, especially when committing predicate crimes.
Violations can result in a Class 4 felony, or a Class 3 felony if involving juveniles or violent acts, with penalties including imprisonment and fines.
Yes, violations of this law are separate offenses and do not prevent prosecution under other applicable laws.
Yes, if a person 18 or older knowingly participates in a gang that includes juveniles, the penalty is a Class 3 felony, which is more severe.