Va. Code Ann. § 18.2-370.3 — Virginia Code / Title 18.2 / Chapter 8 / Article 4 / Section 18.2-370.3
Sex offenses prohibiting residing in proximity to children; penalty
Status: in_force

A. Every adult who is convicted of an offense occurring on or after July 1, 2006, where the offender is more than three years older than the victim, of one of the following qualifying offenses: (i) clause (iii) of subsection A of § 18.2-61 , (ii) subdivision A 1 of § 18.2-67.1 , (iii) subdivision A 1 of § 18.2-67.2 , or (iv) any similar offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof, shall be forever prohibited from residing within 500 feet of the premises of any place he knows or has reason to know is a child day center as defined in § 22.1-289.02 , or a primary, secondary, or high school. A violation of this section is a Class 6 felony. The provisions of this section shall only apply if the qualifying offense was done in the commission of, or as a part of the same course of conduct as, or as part of a common scheme or plan as a violation of (a) subsection A of § 18.2-47 or § 18.2-48 ; (b) § 18.2-89 , 18.2-90 , or 18.2-91 ; (c) § 18.2-51.2 ; or (d) any similar offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof.

B. An adult who is convicted of an offense as specified in subsection A and has established a lawful residence shall not be in violation of this section if a child day center or a primary, secondary, or high school is established within 500 feet of his residence subsequent to his conviction.

C. Every adult who is convicted of an offense occurring on or after July 1, 2008, where the offender is more than three years older than the victim, of one of the following qualifying offenses: (i) clause (iii) of subsection A of § 18.2-61 , (ii) subdivision A 1 of § 18.2-67.1 , (iii) subdivision A 1 of § 18.2-67.2 , or (iv) any similar offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof, shall be forever prohibited from residing within 500 feet of the boundary line of any place he knows is a public park when such park (a) is owned and operated by a county, city, or town, (b) shares a boundary line with a primary, secondary, or high school, and (c) is regularly used for school activities. A violation of this section is a Class 6 felony. The provisions of this section shall only apply if the qualifying offense was done in the commission of, or as a part of the same course of conduct as, or as part of a common scheme or plan as a violation of (1) subsection A of § 18.2-47 or § 18.2-48 ; (2) § 18.2-89 , 18.2-90 , or 18.2-91 ; (3) § 18.2-51.2 ; or (4) any similar offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof.

D. An adult who is convicted of an offense as specified in subsection C and has established a lawful residence shall not be in violation of this section if a public park that (i) is owned and operated by a county, city, or town, (ii) shares a boundary line with a primary, secondary, or high school, and (iii) is regularly used for school activities, is established within 500 feet of his residence subsequent to his conviction.

E. The prohibitions in this section predicated upon an offense similar to any offense set forth in this section under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof, shall apply only to residences established on and after July 1, 2017.

2006, cc. 857 , 914 ; 2008, c. 726 ; 2017, c. 507 ; 2020, cc. 860 , 861 .
Va. Code Ann. § 18.2-174.1 — Virginia Code / Title 18.2 / Chapter 6 / Article 2 / Section 18.2-174.1
Impersonating certain public safety personnel; penalty
Status: in_force

Any person who willfully impersonates, with the intent to make another believe he is, an emergency medical services provider, firefighter, special forest warden designated pursuant to § 10.1-1135 , fire marshal, or fire chief is guilty of a Class 1 misdemeanor. A second or subsequent offense is punishable as a Class 6 felony.

1993, c. 403; 2000, c. 962 ; 2002, c. 536 ; 2013, c. 431 ; 2015, cc. 502 , 503 .
Va. Code Ann. § 18.2-187.2 — Virginia Code / Title 18.2 / Chapter 6 / Article 5 / Section 18.2-187.2
Audiovisual recording of motion pictures unlawful; penalty
Status: in_force

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.

2004, c. 759 .
Va. Code Ann. § 18.2-433.2 — Virginia Code / Title 18.2 / Chapter 9 / Article 8 / Section 18.2-433.2
Paramilitary activity prohibited; penalty
Status: in_force

A. A person is guilty of unlawful paramilitary activity, punishable as a Class 5 felony, if he:

1. Teaches or demonstrates to any other person the use, application, or making of any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that such training will be employed for use in, or in furtherance of, a civil disorder;

2. Assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, intending to employ such training for use in, or in furtherance of, a civil disorder; or

3. Violates subsection A of § 18.2-282 while assembled with one or more persons for the purpose of and with the intent to intimidate any person or group of persons.

B. The provisions of subsection A shall not apply to any member of a lawfully recognized military color guard, honor guard, or similar organization, or a member of a veterans service organization that is congressionally chartered or officially recognized by the U.S. Department of Veterans Affairs, when such member is participating in a (i) training or educational exercise offered by such color guard, honor guard, or similar organization or such veterans service organization unless such member engages in such activity with malicious intent or (ii) funeral or public ceremony such as a parade or dedication ceremony on behalf of such color guard, honor guard, or similar organization or such veterans service organization unless such member engages in such activity with malicious intent.

1987, c. 720; 2020, c. 601 ; 2022, cc. 37 , 38 .
Va. Code Ann. § 18.2-251.02 — Virginia Code / Title 18.2 / Chapter 7 / Article 1 / Section 18.2-251.02
Drug Offender Assessment and Treatment Fund
Status: in_force

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 § 16.1-69.48:3 and subdivisions A 10 and 11 of § 17.1-275 . 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 recovery court programs.

1998, cc. 783 , 840 ; 2003, c. 606 ; 2004, c. 1004 ; 2020, cc. 1285 , 1286 ; 2021, Sp. Sess. I, cc. 550 , 551 ; 2024, cc. 25 , 130 .
Va. Code Ann. § 18.2-372 — Virginia Code / Title 18.2 / Chapter 8 / Article 5 / Section 18.2-372
"Obscene" defined
Status: in_force

The word "obscene" where it appears in this article shall mean that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political or scientific value.

Code 1950, § 18.1-227; 1960, c. 233; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-313 — Virginia Code / Title 18.2 / Chapter 7 / Article 8 / Section 18.2-313
Handling or using snakes so as to endanger human life or health
Status: in_force

It shall be unlawful for any person, or persons, to display, exhibit, handle or use any poisonous or dangerous snake or reptile in such a manner as to endanger the life or health of any person.

Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.

Code 1950, § 18.1-72; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-255 — Virginia Code / Title 18.2 / Chapter 7 / Article 1 / Section 18.2-255
(Effective July 1, 2027) Distribution of certain drugs to persons under 18 prohibited; penalty
Status: in_force

A. Except as authorized in the Drug Control Act (§ 54.1-3400 et seq.), it is 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 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. 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 shall be a mandatory minimum sentence.

B. It is 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 is guilty of a Class 6 felony.

Code 1950, § 54-524.103; 1970, c. 650; 1972, c. 798; 1975, cc. 14, 15; 1976, c. 614; 1979, c. 435; 1982, c. 462; 1990, cc. 720, 864, 866; 1992, cc. 708, 724; 2000, cc. 1020 , 1041 ; 2004, c. 461 ; 2011, cc. 384 , 410 ; 2014, cc. 674 , 719 ; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 18.2-112.1 — Virginia Code / Title 18.2 / Chapter 5 / Article 4 / Section 18.2-112.1
Misuse of public assets; penalty
Status: in_force

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.

C. Any county, city, or town shall be permitted to adopt a local ordinance that provides that any non-full-time officer, agent, employee, or elected official of the county, city, or town 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 1 misdemeanor.

2008, cc. 738 , 755 ; 2014, c. 321 .
Va. Code Ann. § 18.2-146.1 — Virginia Code / Title 18.2 / Chapter 5 / Article 7 / Section 18.2-146.1
Unlawful purchase or sale of a catalytic converter from a motor vehicle exhaust system that has been detached from a motor vehicle; penalty
Status: in_force

Any person who sells, offers for sale, or purchases a catalytic converter from a motor vehicle exhaust system that has been detached from a motor vehicle, except when such sale, offer for sale, or purchase is made to or by a scrap metal purchaser that has adhered to the compliance provisions of subdivisions B 1 or 2 of § 59.1-136.3 , is guilty of a Class 6 felony.

Nothing in this section shall be construed to prohibit the sale, offer for sale, or purchase of a new catalytic converter that has never been installed on a motor vehicle.

2023, cc. 90 , 91 .
Va. Code Ann. § 18.2-172.1 — Virginia Code / Title 18.2 / Chapter 6 / Article 1 / Section 18.2-172.1
Falsifying or altering and fraudulently using transcripts or diplomas; penalty
Status: in_force

Any person who materially falsifies or alters a transcript or diploma from an institution of higher 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.

1983, c. 91.
Va. Code Ann. § 18.2-64.1 — Virginia Code / Title 18.2 / Chapter 4 / Article 7 / Section 18.2-64.1
Carnal knowledge of certain minors
Status: in_force

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, anilingus, anal intercourse, and animate and inanimate object sexual penetration.

1977, c. 304; 1981, c. 397; 1989, c. 733; 1991, c. 534; 1993, c. 852.
Va. Code Ann. § 18.2-291 — Virginia Code / Title 18.2 / Chapter 7 / Article 5 / Section 18.2-291
What constitutes aggressive purpose
Status: in_force

Possession or use of a machine gun shall be presumed to be for an offensive or aggressive purpose:

(1) When the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun may be found;

(2) When the machine gun is in the possession of, or used by, a person who has been convicted of a crime of violence in any court of record, state or federal, of the United States of America, its territories or insular possessions;

(3) When the machine gun has not been registered as required in § 18.2-295 ; or

(4) When empty or loaded shells which have been or are susceptible of use in the machine gun are found in the immediate vicinity thereof.

Code 1950, § 18.1-261; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-389 — Virginia Code / Title 18.2 / Chapter 8 / Article 5 / Section 18.2-389
Repealed
Status: repealed

Repealed by Acts 2004, c. 462 .
Va. Code Ann. § 18.2-340.24:1 — Virginia Code / Title 18.2 / Chapter 8 / Article 1.1:1 / Section 18.2-340.24:1
Registration requirements; certain organizations
Status: in_force

A. Any organization seeking to conduct charitable gaming in accordance with subsection B of § 18.2-340.23 shall first register with the Department on a form prescribed by the Department. The Department shall only require the organization to provide (i) proof of the organization's nonprofit status; (ii) contact information for the chief executive officer of the organization or his designee; (iii) the location, dates, and times of any expected charitable gaming activity; (iv) a description of the general nature of the anticipated charitable gaming activity; and (v) a signed attestation that the organization (a) does not reasonably expect to realize more than $40,000 in gross receipts on a total of no more than seven days per calendar year for the charitable gaming activities listed on the registration form, (b) understands that should the organization exceed the $40,000 threshold, it will be required to file the report in accordance with § 18.2-340.30 , and (c) understands it shall be required to comply with the provisions of this article and Department regulations.

B. Any organization that registers with the Department pursuant to this section is subject to random audits of its charitable gaming activities by the Department and is subject to the penalties specified in §§ 18.2-340.36 and 18.2-340.37 for gross violations of this article.

C. The Department may deny, suspend, or revoke the registration of any organization found not to be in compliance with the provisions of this article and Department regulations. The action of the Department in denying, suspending, or revoking any registration shall be subject to the Administrative Process Act (§ 2.2-4000 et seq.).

D. Any person aggrieved by the denial, suspension, or revocation of a registration or any other action of the Department may seek review of such action in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.

2023, cc. 592 , 593 .
Va. Code Ann. § 18.2-57.02 — Virginia Code / Title 18.2 / Chapter 4 / Article 4 / Section 18.2-57.02
Disarming a law-enforcement or correctional officer; penalty
Status: in_force

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.

2001, c. 2 ; 2007, c. 519 .
Va. Code Ann. § 18.2-186.4 — Virginia Code / Title 18.2 / Chapter 6 / Article 5 / Section 18.2-186.4
Use of a person's identity with the intent to coerce, intimidate, or harass; penalty
Status: in_force

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 , or an active or retired federal or Virginia justice, judge, or magistrate is guilty of a Class 6 felony. The sentence shall include a mandatory minimum term of confinement of six months.

2001, cc. 775 , 782 ; 2007, c. 736 ; 2010, c. 767 ; 2023, cc. 801 , 802 .
Va. Code Ann. § 18.2-189 — Virginia Code / Title 18.2 / Chapter 6 / Article 5 / Section 18.2-189
Defrauding keeper of motor vehicles or watercraft
Status: in_force

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 .

Code 1950, § 18.1-121; 1960, c. 358; 1975, cc. 14, 15; 1978, c. 245; 1988, c. 414; 2009, c. 664 .
Va. Code Ann. § 18.2-78 — Virginia Code / Title 18.2 / Chapter 5 / Article 1 / Section 18.2-78
What not deemed dwelling house
Status: in_force

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.

Code 1950, § 18.1-77; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-403.3 — Virginia Code / Title 18.2 / Chapter 8 / Article 8 / Section 18.2-403.3
Offenses involving animals — Class 4 misdemeanors
Status: in_force

The following unlawful acts and offenses against animals shall constitute and be punished as a Class 4 misdemeanor:

1. Violation of § 3.2-6566 pertaining to interference of agents charged with preventing cruelty to animals.

2. Violation of § 3.2-6573 pertaining to shooting pigeons.

3. Violation of § 3.2-6554 pertaining to disposing of the body of a dead companion animal.

4. Unless otherwise punishable under subsection B of § 3.2-6587 , violation of ordinances passed pursuant to §§ 3.2-6522 and 3.2-6525 pertaining to rabid dogs and preventing the spread of rabies and the running at large of vicious dogs.

5. Violation of an ordinance passed pursuant to § 3.2-6539 requiring dogs to be on a leash.

6. Failure by any person to secure and exhibit the permits required by § 29.1-422 pertaining to field trails, night trails and foxhounds.

7. Diseased dogs. — For the owner of any dog with a contagious or infectious disease, other than rabies, to permit such dog to stray from his premises if such disease is known to the owner.

8. License application. — For any person to make a false statement in order to secure a dog or cat license to which he is not entitled.

9. License tax. — For any dog or cat owner to fail to pay any license tax required by subsection A or C of § 3.2-6530 within one month after the date when it is due. In addition, the court may order confiscation and the proper disposition of the dog or cat.

10. Concealing a dog or cat. — For any person to conceal or harbor any dog or cat on which any required license tax has not been paid.

11. Removing collar and tag. — For any person, except the owner or custodian, to remove a legally acquired license tag from a dog or cat without the permission of the owner or custodian.

12. Violation of § 3.2-6503 pertaining to care of animals by owner.

1984, c. 492; 1993, cc. 174, 817; 2017, cc. 559 , 567 ; 2020, c. 1183 .
Va. Code Ann. § 18.2-273.1 — Virginia Code / Title 18.2 / Chapter 7 / Article 2.1 / Section 18.2-273.1
Definitions
Status: in_force

As used in this article, unless the context requires a different meaning:

"Commission" means the Commission on VASAP.

"Department" means the Department of Motor Vehicles.

"Executive finance committee" means the advisory subcommittee of the Commission, composed of the Executive Director and such members as the Commission may designate, that is authorized to take action on behalf of the Commission for a period not to exceed 90 days in matters of program certification, suspension, or related fiscal oversight.

"Fiscal agent locality" means the county, city, or town designated pursuant to § 18.2-273.6 to serve as the financial and human resources administrator for a local alcohol safety action program.

"Ignition interlock system,""remote alcohol monitoring device," and "rolling retest" mean the same as those terms are defined in § 18.2-270.1 .

"Local alcohol safety action program" or "local ASAP" means a program established pursuant to § 18.2-273.4 that provides probation, education, and rehabilitation services for persons referred by a court, the Department, or any other source approved by the Commission.

"Policy board" means the local independent ASAP board established pursuant to § 18.2-273.5 to provide local governance, budget review, and initial approval and work in consultation with the fiscal agent of the local ASAP regarding employee matters of a certified alcohol safety action program.

"Supplemental or emergency funding" means funds allocated by the Commission pursuant to subsection D of § 18.2-273.4 to ensure the continued operation or reestablishment of a local alcohol safety action program experiencing financial hardship or other circumstances that threaten service continuity.

2026, cc. 686 , 687 .
Va. Code Ann. § 18.2-429 — Virginia Code / Title 18.2 / Chapter 9 / Article 6 / Section 18.2-429
Causing a telephone, digital pager, or other device to ring or signal with intent to annoy; emergency communications; penalties
Status: in_force

A. Any person who, with or without intent to communicate but with intent to annoy any other person, causes any telephone or digital pager, not his own, to ring or to otherwise signal, and any person who permits or condones the use of any telephone under his control for such purpose, is guilty of a Class 3 misdemeanor. A second or subsequent conviction under this subsection is punishable as a Class 2 misdemeanor if such prior conviction occurred before the date of the offense charged.

B. Any person who, with or without intent to communicate but with intent to annoy, harass, hinder, or delay emergency personnel in the performance of their duties as such, causes a telephone to ring or other device to signal, which is owned or leased for the purpose of receiving communications by a public or private entity providing fire, police, or emergency medical services, and any person who knowingly permits the use of a telephone or other device under his control for such purpose, is guilty of a Class 1 misdemeanor.

Code 1950, § 18.1-238.2; 1962, c. 495; 1975, cc. 14, 15; 1989, c. 59; 1995, cc. 410 , 478 , 791 ; 2012, c. 133 ; 2015, cc. 502 , 503 ; 2023, cc. 201 , 202 .
Va. Code Ann. § 18.2-181 — Virginia Code / Title 18.2 / Chapter 6 / Article 4 / Section 18.2-181
Issuing bad checks, etc., larceny
Status: in_force

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 $1,000 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than $1,000, 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.

Code 1950, § 6.1-115; 1966, c. 584; 1975, cc. 14, 15; 1978, c. 791; 1981, c. 230; 2018, cc. 764 , 765 ; 2020, cc. 89 , 401 .
Va. Code Ann. § 18.2-459 — Virginia Code / Title 18.2 / Chapter 10 / Article 5 / Section 18.2-459
Appeal from sentence of such judge
Status: in_force

Any person sentenced to pay a fine, or to confinement, under § 18.2-458 , may appeal therefrom to the circuit court of the county or city in which the sentence was pronounced, upon entering into recognizance before the sentencing judge, with surety and in penalty deemed sufficient, to appear before such circuit court to answer for the offense. If such appeal be taken, a certificate of the conviction and the particular circumstances of the offense, together with the recognizance, shall forthwith be transmitted by the sentencing judge to the clerk of such circuit court, who shall immediately deliver the same to the judge thereof. Such judge, sitting without a jury, shall hear the case upon the certificate and any legal testimony adduced on either side, and make such order therein as may seem to him proper.

Code 1950, § 18.1-294; 1960, c. 358; 1975, cc. 14, 15; 2013, c. 615 .
Va. Code Ann. § 18.2-13 — Virginia Code / Title 18.2 / Chapter 1 / Article 3 / Section 18.2-13
Same; by reference
Status: in_force

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.

1975, cc. 14, 15.
Va. Code Ann. § 18.2-195.2 — Virginia Code / Title 18.2 / Chapter 6 / Article 6 / Section 18.2-195.2
Fraudulent application for credit card; penalties
Status: in_force

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 $1,000 or more or petit larceny if the value is less than $1,000.

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.

1991, c. 546; 2007, c. 518 ; 2018, cc. 764 , 765 ; 2020, cc. 89 , 401 .
Va. Code Ann. § 18.2-348 — Virginia Code / Title 18.2 / Chapter 8 / Article 3 / Section 18.2-348
Aiding prostitution or illicit sexual intercourse, etc.; penalty
Status: in_force

It is unlawful for any person or any officer, employee, or agent of any firm, association, or corporation with knowledge of, or good reason to believe, the immoral purpose of such visit, to take or transport or assist in taking or transporting, or offer to take or transport on foot or in any way, any person to a place, whether within or outside any building or structure, used or to be used for the purpose of lewdness, assignation, or prostitution within the Commonwealth or to procure or assist in procuring for the purpose of illicit sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus or any act violative of § 18.2-361 , or touching of the unclothed genitals or anus of another person with the intent to sexually arouse or gratify, or to give any information or direction to any person with intent to enable such person to commit an act of prostitution. A violation of this section is a Class 1 misdemeanor. However, any adult who violates this section with a person under the age of 18 is guilty of a Class 6 felony.

Code 1950, § 18.1-197; 1960, c. 358; 1975, cc. 14, 15; 1980, c. 534; 2014, c. 794 ; 2019, c. 617 ; 2020, c. 595 .
Va. Code Ann. § 18.2-308.7:2 — Virginia Code / Title 18.2 / Chapter 7 / Article 7 / Section 18.2-308.7:2
Firearm in unattended motor vehicle; penalty
Status: in_force

A. For purposes of this section:

"Handgun" means any pistol or revolver or other firearm originally designed, made, and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand.

"Vehicle" has the same meaning as ascribed to "motor vehicle" in § 46.2-364 . A "boat" is considered a vehicle and is defined as any vessel or other watercraft, privately owned, whether moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating on water in the Commonwealth, whether or not capable of self-locomotion, including cruisers, cabin cruisers, runabouts, houseboats, and barges. However, bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, motorized skateboards or scooters, and mopeds are not vehicles. A vehicle is considered to be unattended if (i) such vehicle is left unattended (a) on a public highway or other public property or (b) any parking area, lot, or structure intended for commercial or retail use, including such parking areas, lots, or structures exclusively reserved and used by commercial or retail employees, and (ii) the owner, operator, or any passenger of such motor vehicle is unable to observe such motor vehicle.

B. No person shall knowingly leave a handgun in an unattended vehicle or trunk unless such handgun is placed out of plain view in a locked hard-sided container, including a locked container that is affixed to the vehicle's interior by steel cable, bolt, or welding. A locked container affixed to the vehicle's interior includes a locked glove compartment or a locked center console. Any person who violates this section is guilty of a Class 4 misdemeanor.

C. The provisions of this section shall not apply to (i) the storage of any antique firearm as defined in § 18.2-308.2:2 , (ii) a law-enforcement officer as defined in § 9.1-101 , or (iii) a person who reports the theft or loss of a firearm to a law-enforcement agency as provided in § 18.2-287.5 .

2026, cc. 560 , 561 .
Va. Code Ann. § 18.2-152.15 — Virginia Code / Title 18.2 / Chapter 5 / Article 7.1 / Section 18.2-152.15
Encryption used in criminal activity
Status: in_force

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.

1999, c. 455 .
Va. Code Ann. § 18.2-467 — Virginia Code / Title 18.2 / Chapter 10 / Article 6 / Section 18.2-467
Fraud in drawing jurors, etc
Status: in_force

If any person be guilty of any fraud, either by tampering with the jury box prior to a draft, or in drawing a juror, or in returning into the jury box the name of any person which has lawfully been drawn out and drawing and substituting another in his stead, or in any other way in drawing of jurors, he shall be guilty of a Class 1 misdemeanor.

Code 1950, § 18.1-298; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-115.1 — Virginia Code / Title 18.2 / Chapter 5 / Article 4 / Section 18.2-115.1
Unlawful sublease of a motor vehicle; penalty
Status: in_force

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.

1990, c. 844; 1993, c. 608.
Va. Code Ann. § 18.2-61.1 — Virginia Code / Title 18.2 / Chapter 4 / Article 7 / Section 18.2-61.1
Testing of certain persons for sexually transmitted infections
Status: in_force

A. As soon as practicable following arrest, the attorney for the Commonwealth may request after consultation with a complaining witness, or shall request upon the request of the complaining witness, that any person charged with (i) any crime involving sexual assault pursuant to this article; (ii) any offense 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, and where the complaining witness was exposed to body fluids of the person so charged in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection, be requested to submit to diagnostic testing for sexually transmitted infections and any follow-up testing as may be medically appropriate. The person so charged shall be counseled about the meaning of the tests and about the transmission, treatment, and prevention of sexually transmitted infections.

If the person so charged refuses to submit to testing or the competency of the person to consent to testing is at issue, the court with jurisdiction of the case shall hold a hearing in a manner as provided by § 19.2-183 , as soon as practicable, to determine whether there is probable cause that the individual has committed the crime with which he is charged and that the complaining witness was exposed to body fluids of the person so charged in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection. If the court finds probable cause, the court shall order the person so charged to undergo testing for sexually transmitted infections. The court may enter such an order in the absence of the person so charged if the person so charged 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. At any hearing before the court, the person so charged or his counsel may appear.

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 after consultation with a complaining witness, or shall request upon the request of the complaining witness, and the court shall order the defendant to submit to diagnostic testing for sexually transmitted infections within 48 hours and any 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.

If the defendant refuses to submit to testing or the competency of the person to consent to testing is at issue, the court with jurisdiction of the case shall hold a hearing, in a manner as provided by § 19.2-183 , to determine whether there is probable cause that the complaining witness was exposed to body fluids of the defendant in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection. If the court finds probable cause, the court shall order the accused to undergo testing for sexually transmitted infections. 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 defendant and shall not be evidence in any proceeding, civil or criminal. At any hearing before the court, the defendant or his counsel may appear.

C. Any person who is subject to a testing order may appeal the order of the general district court to the circuit court of the same jurisdiction within 10 days of receiving notice of the order. Any hearing conducted pursuant to this subsection shall be held in camera as soon as practicable. The record shall be sealed. The order of the circuit court shall be final and nonappealable.

D. Confirmatory tests shall be conducted before any test result shall be determined to be positive. The results of the tests shall be confidential as provided in § 32.1-127.1:03 ; however, the entity that performed the test shall also disclose the results to any victim and offer appropriate counseling. The Department of Health shall conduct surveillance and investigation in accordance with § 32.1-39 .

E. The results of such tests shall not be admissible as evidence in any criminal proceeding. No specimen obtained pursuant to this section shall be tested for any purpose other than for the purpose provided for in this section, nor shall the specimen or the results of any testing pursuant to this section be used for any purpose in any criminal matter or investigation. Any violation of this subsection shall constitute reversible error in any criminal case in which the specimen or results were used.

F. The cost of such tests shall be paid by the Commonwealth and taxed as part of the cost of such criminal proceedings.

G. As used in this section, "sexually transmitted infections" includes chlamydia, gonorrhea, syphilis, human immunodeficiency virus, hepatitis B and C viruses, and any other sexually transmittable disease required to be reported by the Board of Health pursuant to § 32.1-35 .

2023, cc. 680 , 681 .
Va. Code Ann. § 18.2-370.5 — Virginia Code / Title 18.2 / Chapter 8 / Article 4 / Section 18.2-370.5
Offenses prohibiting entry onto school or other property; penalty
Status: in_force

A. Every adult who is convicted of a Tier III offense, as defined in § 9.1-902 , shall be prohibited from entering or being present (i) during school hours, and during school-related or school-sponsored activities upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property; (ii) on any school bus as defined in § 46.2-100 ; or (iii) upon any property, public or private, during hours when such property is solely being used by a public or private elementary or secondary school for a school-related or school-sponsored activity.

B. The provisions of clauses (i) and (iii) of subsection A shall not apply to such adult if (i) he is a lawfully registered and qualified voter, and is coming upon such property solely for purposes of casting his vote; (ii) he is a student enrolled at the school; or (iii) he has obtained a court order pursuant to subsection C allowing him to enter and be present upon such property, has obtained the permission of the school board or of the owner of the private school or child day center or their designee for entry within all or part of the scope of the lifted ban, and is in compliance with such school board's, school's or center's terms and conditions and those of the court order.

C. Every adult who is prohibited from entering upon school or child day center property pursuant to subsection A may after notice to the attorney for the Commonwealth and either (i) the proprietor of the child day center, (ii) the Superintendent of Public Instruction and the chairman of the school board of the school division in which the school is located, or (iii) the chief administrator of the school if such school is not a public school, petition the circuit court in the county or city where the school or child day center is located for permission to enter such property. The court shall direct that the petitioner shall cause notice of the time and place of the hearing on his petition to be published once a week for two successive weeks in a newspaper meeting the requirements of § 8.01-324 . The newspaper notice shall contain a provision stating that written comments regarding the petition may be submitted to the clerk of court at least five days prior to the hearing. For good cause shown, the court may issue an order permitting the petitioner to enter and be present on such property, subject to whatever restrictions of area, reasons for being present, or time limits the court deems appropriate.

D. A violation of this section is punishable as a Class 6 felony.

2007, cc. 284 , 370 ; 2008, c. 781 ; 2010, c. 402 ; 2011, cc. 648 , 796 , 855 ; 2015, c. 688 ; 2020, c. 829 .
Va. Code Ann. § 18.2-259 — Virginia Code / Title 18.2 / Chapter 7 / Article 1 / Section 18.2-259
Penalties to be in addition to civil or administrative sanctions
Status: in_force

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.

Code 1950, § 54-524.105; 1970, c. 650; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-31 — Virginia Code / Title 18.2 / Chapter 4 / Article 1 / Section 18.2-31
Aggravated murder defined; punishment
Status: in_force

A. The following offenses shall constitute aggravated 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 14 by a person age 21 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.

B. For a violation of subdivision A 6 where the offender was 18 years of age or older at the time of the offense, the punishment shall be no less than a mandatory minimum term of confinement for life.

C. 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.

Code 1950, §§ 18.1-21, 53-291; 1960, c. 358; 1962, c. 42; 1966, c. 300; 1970, c. 648; 1973, c. 403; 1975, cc. 14, 15; 1976, c. 503; 1977, c. 478; 1979, c. 582; 1980, c. 221; 1981, c. 607; 1982, c. 636; 1983, c. 175; 1985, c. 428; 1988, c. 550; 1989, c. 527; 1990, c. 746; 1991, c. 232; 1995, c. 340 ; 1996, cc. 876 , 959 ; 1997, cc. 235 , 313 , 514 , 709 ; 1998, c. 887 ; 2002, cc. 588 , 623 ; 2007, cc. 844 , 845 , 846 ; 2010, cc. 399 , 428 , 475 ; 2019, cc. 717 , 835 ; 2021, Sp. Sess. I, cc. 344 , 345 .
Va. Code Ann. § 18.2-246.3 — Virginia Code / Title 18.2 / Chapter 6 / Article 9 / Section 18.2-246.3
Money laundering; penalties
Status: in_force

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.

1999, c. 348 .
Va. Code Ann. § 18.2-477.1 — Virginia Code / Title 18.2 / Chapter 10 / Article 7 / Section 18.2-477.1
Escapes from juvenile facility; penalty
Status: in_force

A. It shall be unlawful for any person to escape or remain away without proper authority from a group home or other residential care facility for children in need of services, delinquent or alleged delinquent youths in which he had been placed by the juvenile and domestic relations court or as a result of his commitment as a juvenile to the Department of Juvenile Justice. Any person violating this subsection shall be taken into custody and brought before the juvenile and domestic relations court. The court may find the person in violation of § 16.1-292 or, if the court finds the person amenable to further treatment in a juvenile facility, the court may return him to the custody of the Department.

B. It shall be unlawful for any person to escape or remain away without proper authority from a secure facility operated by or under contract with the Department of Juvenile Justice or from a secure juvenile detention facility in which he had been placed by the juvenile and domestic relations court or as a result of his commitment as a juvenile to the Department of Juvenile Justice. Any person who escapes from a facility specified in this subsection by force or by violence shall be guilty of a Class 6 felony or, if violation of this subsection occurs other than by force or violence, a Class 1 misdemeanor.

1985, c. 435; 1989, c. 733; 1993, c. 840; 1994, c. 490 ; 1997, c. 749 .
Va. Code Ann. § 18.2-152.11 — Virginia Code / Title 18.2 / Chapter 5 / Article 7.1 / Section 18.2-152.11
Article not exclusive
Status: in_force

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.

1984, c. 751.
Va. Code Ann. § 18.2-12 — Virginia Code / Title 18.2 / Chapter 1 / Article 3 / Section 18.2-12
Same; where no punishment or maximum punishment prescribed
Status: in_force

A misdemeanor for which no punishment or no maximum punishment is prescribed by statute shall be punishable as a Class 1 misdemeanor.

Code 1950, § 18.1-9; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-246.7 — Virginia Code / Title 18.2 / Chapter 6 / Article 10 / Section 18.2-246.7
Requirements for delivery sales
Status: in_force

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.

2003, c. 1010 .
Va. Code Ann. § 18.2-506 — Virginia Code / Title 18.2 / Chapter 12 / Article 3 / Section 18.2-506
"Person" and "prepare" defined
Status: in_force

(a) As used in this article, "person" means any individual, partnership, corporation or association.

(b) As used in this article, "prepare" means to put into condition for intended use. "Prepare" does not include the mere typing or assembling of papers, nor the mere furnishing of information or research.

Code 1950, § 18.1-371.2; 1974, c. 342; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-308.2:5 — Virginia Code / Title 18.2 / Chapter 7 / Article 7 / Section 18.2-308.2:5
Criminal history record information check required to sell firearm; penalties
Status: in_force

A. No person shall sell a firearm for money, goods, services or anything else of value unless he has obtained verification from a licensed dealer in firearms that information on the prospective purchaser has been submitted for a criminal history record information check as set out in § 18.2-308.2:2 and that a determination has been received from the Department of State Police that the prospective purchaser is not prohibited under state or federal law from possessing a firearm or such sale is specifically exempted by state or federal law. The Department of State Police shall provide a means by which sellers may obtain from designated licensed dealers the approval or denial of firearm transfer requests, based on criminal history record information checks. The processes established shall conform to the provisions of § 18.2-308.2:2 , and the definitions and provisions of § 18.2-308.2:2 regarding criminal history record information checks shall apply to this section mutatis mutandis. The designated dealer shall collect and disseminate the fees prescribed in § 18.2-308.2:2 as required by that section. The dealer may charge and retain an additional fee not to exceed $15 for obtaining a criminal history record information check on behalf of a seller.

B. Notwithstanding the provisions of subsection A and unless otherwise prohibited by subsection E or state or federal law, a person may sell a firearm to another person if:

1. The sale of a firearm is to an authorized representative of the Commonwealth or any subdivision thereof as part of an authorized voluntary gun buy-back or give-back program;

2. The sale occurs at a firearms show, as defined in § 54.1-4200 , and the seller has received a determination from the Department of State Police that the purchaser is not prohibited under state or federal law from possessing a firearm in accordance with § 54.1-4201.2 ; or

3. The sale of a firearm is conducted pursuant to § 59.1-148.3 , with the exception of a sale conducted pursuant to subsection C of § 59.1-148.3 .

C. Any person who willfully and intentionally sells a firearm to another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.

D. Any person who willfully and intentionally purchases a firearm from another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.

E. No person shall sell an assault firearm as defined in § 18.2-308.2:2 for money, goods, services, or anything else of value.

Any person who willfully and intentionally (i) sells an assault firearm as defined in § 18.2-308.2:2 to another person or (ii) purchases an assault firearm as defined in § 18.2-308.2:2 from another person is guilty of a Class 1 misdemeanor.

2020, cc. 1111 , 1112 ; 2022, c. 270 ; 2026, cc. 1106 , 1107 .
Va. Code Ann. § 18.2-23 — Virginia Code / Title 18.2 / Chapter 3 / Article 1 / Section 18.2-23
Conspiring to trespass or commit larceny
Status: in_force

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 $1,000 or more, 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.

Code 1950, § 18.1-15.1; 1960, cc. 99, 358; 1975, cc. 14, 15; 2003, c. 831 ; 2018, cc. 764 , 765 ; 2020, cc. 89 , 401 .
Va. Code Ann. § 18.2-236 — Virginia Code / Title 18.2 / Chapter 6 / Article 8 / Section 18.2-236
Repealed
Status: repealed

Repealed by Acts 2006, cc. 392 and 485 , cl. 2, effective July 1, 2006.
Va. Code Ann. § 18.2-284 — Virginia Code / Title 18.2 / Chapter 7 / Article 4 / Section 18.2-284
Selling or giving toy firearms
Status: in_force

No person shall sell, barter, exchange, furnish, or dispose of by purchase, gift or in any other manner any toy gun, pistol, rifle or other toy firearm, if the same shall, by action of an explosion of a combustible material, discharge blank or ball charges. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. Each sale of any of the articles hereinbefore specified to any person shall constitute a separate offense.

Nothing in this section shall be construed as preventing the sale of what are commonly known as cap pistols.

Code 1950, § 18.1-347; 1960, c. 348; 1975, cc. 14, 15; 2003, c. 976 .
Va. Code Ann. § 18.2-132 — Virginia Code / Title 18.2 / Chapter 5 / Article 5 / Section 18.2-132
Trespass by hunters and fishers
Status: in_force

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.

Code 1950, § 29-165; 1954, c. 155; 1962, c. 469; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-265.9 — Virginia Code / Title 18.2 / Chapter 7 / Article 1.2 / Section 18.2-265.9
Stop sales alerts; interruption of electronic system
Status: in_force

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.

2012, cc. 160 , 252 .
Va. Code Ann. § 18.2-57.01 — Virginia Code / Title 18.2 / Chapter 4 / Article 4 / Section 18.2-57.01
Pointing laser at law-enforcement officer unlawful; penalty
Status: in_force

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.

2000, c. 350 .
Va. Code Ann. § 18.2-265.17 — Virginia Code / Title 18.2 / Chapter 7 / Article 1.2 / Section 18.2-265.17
Exemption of information systems from provisions related to the Virginia Information Technologies Agency
Status: in_force

The provisions of Chapter 20.1 (§ 2.2-2005 et seq.) of Title 2.2 shall not apply to this article.

2012, cc. 160 , 252 .
Va. Code Ann. § 18.2-286 — Virginia Code / Title 18.2 / Chapter 7 / Article 4 / Section 18.2-286
Shooting in or across road or in street
Status: in_force

If any person discharges a firearm, crossbow, slingbow, arrowgun, or bow and arrow in or across any road, or within the right-of-way thereof, or in a street of any city or town, he shall, for each offense, be guilty of a Class 4 misdemeanor.

The provisions of this section shall not apply to firing ranges or shooting matches maintained, and supervised or approved, by law-enforcement officers and military personnel in performance of their lawful duties.

Code 1950, § 33.1-349; 1970, c. 322; 1975, cc. 14, 15; 1993, c. 322; 1994, c. 18 ; 2017, c. 530 ; 2018, cc. 557 , 558 .
Va. Code Ann. § 18.2-103.1 — Virginia Code / Title 18.2 / Chapter 5 / Article 3 / Section 18.2-103.1
Organized retail theft; penalty
Status: in_force

A. As used in this section:

"Retail mercantile establishment" means any place where merchandise is displayed, held, stored, or offered for sale to the public.

"Retail property" means any article, product, commodity, item, or component intended to be sold in retail commerce.

"Retail property fence" means a person or business that buys retail property knowing or believing that such retail property has been unlawfully obtained.

B. Any person who conspires or acts in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $5,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, and who takes or causes such retail property to be placed in the control of a retail property fence or other person and either (i) receives or possesses any retail property that has been obtained by simple larceny from one or more retail mercantile establishments while knowing or having reasonable grounds to believe the property was unlawfully obtained or (ii) conspires or acts in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments is guilty of organized retail theft.

C. A violation of this section is punishable as a Class 3 felony.

D. Any larceny of retail property occurring in more than one county or city may be aggregated into an alleged violation of this section.

E. 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.

2023, cc. 357 , 358 .
Va. Code Ann. § 18.2-46.5 — Virginia Code / Title 18.2 / Chapter 4 / Article 2.2 / Section 18.2-46.5
Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty
Status: in_force

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.

D. Any person who knowingly provides any material support (i) to an individual or organization whose primary objective is to commit an act of terrorism and (ii) does so with the intent to further such individual's or organization's objective is guilty of a Class 3 felony. If the death of any person results from providing any material support, then the person who provided such material support is guilty of a Class 2 felony.

2002, cc. 588 , 623 ; 2007, c. 409 ; 2017, cc. 624 , 668 .
Va. Code Ann. § 18.2-60.3 — Virginia Code / Title 18.2 / Chapter 4 / Article 6 / Section 18.2-60.3
Stalking; penalty
Status: in_force

A. For purposes of this section:

"Electronically transmitted communication" includes communication by telephone, computer, or other electronic device.

"Family or household member" has the same meaning as provided in § 16.1-228 .

B. 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, either in person or through any other means, including by mail, telephone, or an electronically transmitted communication, 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. If the person contacts or follows or attempts to contact or follow the person at whom the conduct is directed after being given actual notice that the person does not want to be contacted or followed, such actions shall be prima facie evidence that the person intended to place that other person, or reasonably should have known that the other person was placed, in reasonable fear of death, criminal sexual assault, or bodily injury to himself or a family or household member.

C. Any person who is convicted of a second offense of subsection B occurring within five years of a prior conviction of such an offense under this section or for a substantially similar offense under the law of any other jurisdiction is guilty of a Class 6 felony.

D. A person may be convicted under this section in any jurisdiction within the Commonwealth wherein the conduct described in subsection B occurred, if the person engaged in that conduct on at least one occasion in the jurisdiction where the person is tried or in the jurisdiction where the person at whom the conduct is directed resided at the time of such conduct. Evidence of any such conduct that occurred outside the Commonwealth may be admissible, if relevant, in any prosecution under this section.

E. 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.

F. 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 15 days prior to release of a person sentenced to a term of incarceration of more than 30 days or, if the person was sentenced to a term of incarceration of at least 48 hours but no more than 30 days, 24 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.

1992, c. 888; 1994, cc. 360 , 521 , 739 ; 1995, c. 824 ; 1996, cc. 540 , 866 ; 1998, c. 570 ; 2001, c. 197 ; 2002, c. 377 ; 2013, c. 759 ; 2016, cc. 545 , 696 , 745 ; 2022, c. 276 ; 2026, c. 516 .
Va. Code Ann. § 18.2-476 — Virginia Code / Title 18.2 / Chapter 10 / Article 7 / Section 18.2-476
Officers, etc., willfully and deliberately permitting person convicted of, charged with, or adjudicated delinquent of a nonfelonious offense to escape or willfully refusing to receive person; penalty
Status: in_force

If any sheriff, jailer, or other officer, or any guard or other person summoned or employed by such sheriff, jailer, or other officer, willfully and deliberately permits a prisoner or person committed to the Department of Juvenile Justice convicted of, charged with, or adjudicated delinquent of an offense not a felony, to escape from his custody, or willfully refuses to receive into his custody a person lawfully committed thereto, he is guilty of a Class 2 misdemeanor.

Code 1950, § 18.1-287; 1960, c. 358; 1975, cc. 14, 15; 1983, c. 360; 2013, cc. 707 , 782 .
Va. Code Ann. § 18.2-303 — Virginia Code / Title 18.2 / Chapter 7 / Article 6 / Section 18.2-303
What article does not apply to
Status: in_force

The provisions of this article shall not be applicable to:

(1) The manufacture for, and sale of, "sawed-off" shotguns or "sawed-off" rifles to the armed forces or law-enforcement officers of the United States or of any state or of any political subdivision thereof, or the transportation required for that purpose; and

(2) "Sawed-off" shotguns, "sawed-off" rifles and automatic arms issued to the National Guard of Virginia by the United States or such arms used by the United States Army or Navy or in the hands of troops of the national guards of other states or territories of the United States passing through Virginia, or such arms as may be provided for the officers of the State Police or officers of penal institutions.

Code 1950, § 18.1-268.5; 1968, c. 661; 1975, cc. 14, 15; 1992, c. 580.
Va. Code Ann. § 18.2-305 — Virginia Code / Title 18.2 / Chapter 7 / Article 6 / Section 18.2-305
Repealed
Status: repealed

Repealed by Acts 1976, c. 351.
Va. Code Ann. § 18.2-60.5 — Virginia Code / Title 18.2 / Chapter 4 / Article 6 / Section 18.2-60.5
Unauthorized use of electronic tracking device; penalty
Status: in_force

A. Any person who installs or places an electronic tracking device through intentionally deceptive means and without consent, or causes an electronic tracking device to be installed or placed through intentionally deceptive means and without consent, and uses such device to track the location of any person is guilty of a Class 1 misdemeanor.

B. The provisions of this section shall not apply to the installation, placement, or use of an electronic tracking device by:

1. A law-enforcement officer, judicial officer, probation or parole officer, or employee of the Department of Corrections when any such person is engaged in the lawful performance of official duties and in accordance with other state or federal law;

2. The parent or legal guardian of a minor when tracking (i) the minor or (ii) any person authorized by the parent or legal guardian as a caretaker of the minor at any time when the minor is under the person's sole care;

3. A legally authorized representative of a vulnerable adult, as defined in § 18.2-369 ;

4. The owner of fleet vehicles, when tracking such vehicles;

5. An electronic communications provider to the extent that such installation, placement, or use is disclosed in the provider's terms of use, privacy policy, or similar document made available to the customer; or

6. A registered private investigator, as defined in § 9.1-138 , who is regulated in accordance with § 9.1-139 and is acting in the normal course of his business and with the consent of the owner of the property upon which the electronic tracking device is installed and placed. However, such exception shall not apply if the private investigator is working on behalf of a client who is subject to a protective order under § 16.1-253 , 16.1-253.1 , 16.1-253.4 , 16.1-279.1 , 19.2-152.8 , 19.2-152.9 , or 19.2-152.10 or subsection B of § 20-103 , or if the private investigator knows or should reasonably know that the client seeks the private investigator's services to aid in the commission of a crime.

C. For the purposes of this section:

"Electronic tracking device" means an electronic or mechanical device that permits a person to remotely determine or track the position and movement of another person.

"Fleet vehicle" means (i) one or more motor vehicles owned by a single entity and operated by employees or agents of the entity for business or government purposes, (ii) motor vehicles held for lease or rental to the general public, or (iii) motor vehicles held for sale by motor vehicle dealers.

2013, c. 434 ; 2020, c. 140 ; 2022, cc. 259 , 642 .
Va. Code Ann. § 18.2-212 — Virginia Code / Title 18.2 / Chapter 6 / Article 7 / Section 18.2-212
Calling or summoning emergency medical services vehicle or firefighting apparatus without just cause; maliciously activating fire alarms; venue
Status: in_force

A. Any person who without just cause therefor calls or summons, by telephone or otherwise, any emergency medical services vehicle or firefighting apparatus, or any person who maliciously activates a manual or automatic fire alarm in any building, regardless of whether an emergency medical services vehicle or fire apparatus responds or not, is 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.

Code 1950, § 18.1-412; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 75; 1982, c. 502; 2015, cc. 502 , 503 ; 2017, cc. 98 , 519 .
Va. Code Ann. § 18.2-331.1 — Virginia Code / Title 18.2 / Chapter 8 / Article 1 / Section 18.2-331.1
Operation of gambling devices at unregulated locations; civil penalty
Status: in_force

A. In addition to any other penalty provided by law, any person who conducts, finances, manages, supervises, directs, sells, or owns a gambling device that is located in an unregulated location is subject to a civil penalty of up to $25,000 for each gambling device located in such unregulated location.

B. The Attorney General, an attorney for the Commonwealth, or the attorney for any locality may cause an action in equity to be brought in the name of the Commonwealth or of the locality, as applicable, to immediately enjoin the operation of a gambling device in violation of this section and to request an attachment against all such devices and any moneys within such devices pursuant to Chapter 20 (§ 8.01-533 et seq.) of Title 8.01, and to recover the civil penalty of up to $25,000 per device.

C. In any action brought under this section, the Attorney General, the attorney for the Commonwealth, or the attorney for the locality may recover reasonable expenses incurred by the state or local agency in investigating and preparing the case, and attorney fees.

D. Any civil penalties assessed under this section in an action in equity brought in the name of the Commonwealth shall be paid into the Literary Fund. Any civil penalties assessed under this section in an action in equity brought in the name of a locality shall be paid into the general fund of the locality.

2021, Sp. Sess. I, cc. 329 , 546 ; 2022, c. 553 .
Va. Code Ann. § 18.2-62 — Virginia Code / Title 18.2 / Chapter 4 / Article 7 / Section 18.2-62
Repealed
Status: repealed

Repealed by Acts 2021, Sp. Sess. I, c. 465 , cl. 2, effective July 1, 2021.
Va. Code Ann. § 18.2-161 — Virginia Code / Title 18.2 / Chapter 5 / Article 8 / Section 18.2-161
Repealed
Status: repealed

Repealed by Acts 2004, c. 459 .
Va. Code Ann. § 18.2-268.3 — Virginia Code / Title 18.2 / Chapter 7 / Article 2 / Section 18.2-268.3
Refusal of tests; penalties; procedures
Status: in_force

A. It is unlawful for a person who is arrested for a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his breath taken for chemical tests to determine the alcohol 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 subsection, which is punishable as follows:

1. A first violation is a civil offense. For a first offense, the court shall suspend the defendant's privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2 .

2. If a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266 , or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor. A conviction under this subdivision shall of itself operate to deprive the person of the privilege to drive for a period of three years from the date of the judgment of conviction. This revocation period is in addition to the suspension period provided under § 46.2-391.2 .

B. It is unlawful for a person who is arrested for a violation of § 18.2-266 or 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 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 subsection, which is a civil offense and is punishable as follows:

1. For a first offense, the court shall suspend the defendant's privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2 .

2. If a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266 , or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, such violation shall of itself operate to deprive the person of the privilege to drive for a period of three years from the date of the judgment. This revocation period is in addition to the suspension period provided under § 46.2-391.2 .

C. When a person is arrested for a violation of § 18.2-51.4 , 18.2-266 , or 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 (i) that 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) that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) that 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) of the civil penalties for unreasonable refusal to have blood or breath or both blood and breath samples taken, and (v) of the criminal penalty for unreasonable refusal to have breath samples taken within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal, which 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 .

D. 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 C to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection C read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266 , or any offense described in subsection E of § 18.2-270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under subsection A or any offense under subsection B shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.

E. Any person charged with a violation of this section, or any ordinance of a locality similar to the provisions thereof, may, at any time prior to trial, enter into an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district. Any person who enters into such program prior to trial may pre-qualify with the program to have an ignition interlock system installed on any motor vehicle owned or operated by him and may have such ignition interlock system installed. Any installation period of time accrued by such person prior to trial for the pending charge shall count toward any (i) ignition interlock or restricted license period of time ordered by a court or (ii) restricted license, suspension, or revocation issued by the Department of Motor Vehicles pursuant to § 46.2-389 .

F. A defendant who is found guilty of a first offense and whose license is suspended pursuant to subdivision A 1 or B 1 may petition the court for a restricted license and the court may, for good cause shown, provide that the defendant is issued a restricted license during the remaining period of suspension, or any portion thereof, 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.). If the court grants such petition and issues the defendant a restricted license, the court shall order (i) that reinstatement of the defendant's license to drive be conditioned upon (a) the installation of an ignition interlock system on each motor vehicle, as defined in § 46.2-100 , owned by or registered to the person, in whole or in part, for a period of time not to exceed the period of license suspension and restriction, not less than six consecutive months without alcohol-related violations of the interlock requirements and (b) the requirement that such person not operate any motor vehicle that is not equipped with such a system for the period of time that the interlock restriction is in effect and (ii) that, as a condition of probation or otherwise, the defendant enter into and successfully complete an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district upon such terms and conditions as the court may set forth. However, upon motion of a person convicted of any such offense following an assessment of the person conducted by an alcohol safety action program, the court, for good cause, may decline to order participation in such a program if the assessment conducted by the alcohol safety action program indicates that intervention is not appropriate for such person. In no event shall such persons be permitted to enter any such program that is not certified as meeting minimum standards and criteria established by the Commission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to this section and to Article 2.1 (§ 18.2-273.1 et seq.). The court shall require the person entering such program under the provisions of this section to pay a fee of no less than $250 but no more than $300. A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed 10 percent, shall be forwarded monthly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of driver alcohol rehabilitation programs. Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants referred for intervention under any such program may be charged.

If the court grants a restricted license to any person pursuant to this section, the court shall order such person to surrender his driver's license to be disposed of in accordance with the provisions of § 46.2-398 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 period of time during which the person is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system shall be calculated from the date the person is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department of Motor Vehicles. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of § 18.2-272 . The provisions of subsection F of § 18.2-271.1 shall apply to this subsection mutatis mutandis, except as herein provided.

G. Notwithstanding any other provisions of this section or of § 18.2-271.1 , nothing in this section shall permit the court to suspend, reduce, limit, or otherwise modify any disqualification from operating a commercial motor vehicle imposed under the provisions of the Virginia Commercial Driver's License Act (§ 46.2-341.1 et seq.).

1992, c. 830; 1994, cc. 359 , 363 ; 1997, c. 691 ; 2001, cc. 654 , 779 ; 2004, cc. 985 , 1013 , 1022 ; 2004, Sp. Sess. I, c. 2 ; 2005, cc. 757 , 840 ; 2009, c. 239 ; 2017, c. 623 ; 2020, c. 341 ; 2026, cc. 686 , 687 , 1112 .
Va. Code Ann. § 18.2-152.7 — Virginia Code / Title 18.2 / Chapter 5 / Article 7.1 / Section 18.2-152.7
Personal trespass by computer; penalty
Status: in_force

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.

1984, c. 751; 1985, c. 322; 2003, cc. 987 , 1016 ; 2005, cc. 746 , 761 , 827 .
Va. Code Ann. § 18.2-37.1 — Virginia Code / Title 18.2 / Chapter 4 / Article 1 / Section 18.2-37.1
Certain matters not to constitute defenses
Status: in_force

A. Another person's actual or perceived sex, gender, gender identity, or sexual orientation is not in and of itself, or together with an oral solicitation, a defense to any charge of capital murder, murder in the first degree, murder in the second degree, or voluntary manslaughter and is not in and of itself, or together with an oral solicitation, provocation negating or excluding malice as an element of murder.

B. Nothing in this section shall be construed to prevent a defendant from exercising his constitutionally protected rights, including his right to call for evidence in his favor that is relevant and otherwise admissible in a criminal prosecution.

2021, Sp. Sess. I, c. 460 .
Va. Code Ann. § 18.2-182.1 — Virginia Code / Title 18.2 / Chapter 6 / Article 4 / Section 18.2-182.1
Issuing bad checks in payment of taxes
Status: in_force

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.

1992, c. 763.
Va. Code Ann. § 18.2-265.11 — Virginia Code / Title 18.2 / Chapter 7 / Article 1.2 / Section 18.2-265.11
Exemption from participation in electronic system and maintenance of a written log
Status: in_force

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.

2012, cc. 160 , 252 .
Va. Code Ann. § 18.2-486 — Virginia Code / Title 18.2 / Chapter 11 / Article 2 / Section 18.2-486
Definition of flag, standard, etc
Status: in_force

The words flag, standard, color, ensign or shield, as used in this article, shall include any flag, standard, color, ensign or shield, or copy, picture or representation thereof, made of any substance or represented or produced thereon, and of any size, evidently purporting to be such flag, standard, color, ensign or shield of the United States, or of this Commonwealth, or a copy, picture or representation thereof.

Code 1950, § 18.1-423; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-246.11 — Virginia Code / Title 18.2 / Chapter 6 / Article 10 / Section 18.2-246.11
Registration and reporting requirements
Status: in_force

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.

2003, c. 1010 ; 2009, c. 847 .
Va. Code Ann. § 18.2-71.1 — Virginia Code / Title 18.2 / Chapter 4 / Article 9 / Section 18.2-71.1
Partial birth infanticide; penalty
Status: in_force

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.

2003, cc. 961 , 963 .
Va. Code Ann. § 18.2-243 — Virginia Code / Title 18.2 / Chapter 6 / Article 8 / Section 18.2-243
When issuer or distributor of advertisements not guilty of violation; inadvertent error
Status: in_force

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.

Code 1950, § 59.1-51; 1968, c. 439; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-54 — Virginia Code / Title 18.2 / Chapter 4 / Article 4 / Section 18.2-54
Conviction of lesser offenses under certain indictments
Status: in_force

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.

Code 1950, § 19.1-251; 1960, c. 366; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-282.1 — Virginia Code / Title 18.2 / Chapter 7 / Article 4 / Section 18.2-282.1
Brandishing a machete or other bladed weapon with intent to intimidate; penalty
Status: in_force

It shall be unlawful for any person to point, hold, or brandish a machete or any weapon, with an exposed blade 12 inches or longer, with the intent of intimidating any person or group of persons and in a manner that reasonably demonstrates that intent. This section shall not apply to any person engaged in excusable or justifiable self-defense. A person who violates this section is guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private, or religious elementary, middle, or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he is guilty of a Class 6 felony.

2006, cc. 844 , 895 .
Va. Code Ann. § 18.2-444.2 — Virginia Code / Title 18.2 / Chapter 10 / Article 2 / Section 18.2-444.2
Giving or accepting a fee or gift for purposes of influencing decisions of financial institution
Status: in_force

A. No officer, director, or employee of a financial institution or subsidiary, affiliate or holding company thereof, or stockholder owning ten percent or more of the issued capital stock of any such financial institution or holding company, shall accept, receive or acquire any fee, gift, property interest, or other thing of value with the intent to influence the decision of the financial institution, subsidiary, affiliate or holding company with regard to any extension of credit, investment, or purchase or sale of assets by such financial institution, subsidiary, affiliate or holding company. No person shall give, provide or cause to be transferred to any such officer, director, employee or stockholder, any fee, gift, property interest or other thing of value with the intent to influence the decision of the financial institution, subsidiary, affiliate or holding company with regard to any extension of credit, investment or purchase or sale of assets by the financial institution, subsidiary, affiliate or holding company. The foregoing provisions shall not apply to salary, wages, fees or other compensation or consideration paid by, or expenses paid or reimbursed by, such financial institution, subsidiary, affiliate or holding company. The violation of this section shall be punishable as a Class 6 felony.

B. The provisions of this section shall not apply to any such officer, director, employee or stockholder who is a member of a firm of licensed brokers, in buying for or from or selling to, or for the account of, the financial institution, in the ordinary course of business, real estate or bonds, stocks, or other evidences of debt at the usual rate of commission for such service, if the officer, director, employee or stockholder notifies the board of directors of the financial institution, its cashier or secretary, in writing, that such services will be rendered for compensation prior to the rendition of the services or within five business days following the commencement of the services. If a continuing business relationship exists, an annual disclosure may be made.

C. The provisions of this section shall not apply to fees paid to any such officer, director, employee, or stockholder who renders services to a borrower outside of his relationship with the financial institution in connection with the preparation of a loan application, or in connection with the closing of a loan, in evaluating the security or affecting a lien on the collateral, where the fact of rendition of such services for compensation is disclosed in writing to the board of directors of the financial institution, or its cashier or secretary, prior to the time such services are rendered or within five business days following the commencement of the services. If a continuing business relationship exists, an annual disclosure may be made.

Code 1950, § 6.1-121; 1966, c. 584; 1981, c. 339; 1991, c. 501; 1992, c. 318.
Va. Code Ann. § 18.2-139 — Virginia Code / Title 18.2 / Chapter 5 / Article 6 / Section 18.2-139
Injuries to trees, fences or herbage on grounds of Capitol, or in any public square
Status: in_force

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.

Code 1950, § 18.1-180; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-232 — Virginia Code / Title 18.2 / Chapter 6 / Article 8 / Section 18.2-232
Same; punishment for violation of §§ 18.2-226 through 18.2-231
Status: in_force

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.

Code 1950, § 59.1-61; 1968, c. 439; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-334 — Virginia Code / Title 18.2 / Chapter 8 / Article 1 / Section 18.2-334
Exception to article; private residences
Status: in_force

Nothing in this article shall be construed to make it illegal to participate in a game of chance conducted in a private residence, provided such private residence is not commonly used for such games of chance and there is no operator as defined in subsection 4 of § 18.2-325 .

Code 1950, § 18.1-327; 1960, c. 358; 1975, cc. 14, 15; 1992, c. 423.
Va. Code Ann. § 18.2-280 — Virginia Code / Title 18.2 / Chapter 7 / Article 4 / Section 18.2-280
Willfully discharging firearms in public places
Status: in_force

A. If any person willfully discharges or causes to be discharged any firearm in any street in a city or town, or in any place of public business or place of public gathering, and such conduct results in bodily injury to another person, he shall be guilty of a Class 6 felony. If such conduct does not result in bodily injury to another person, he shall be guilty of a Class 1 misdemeanor.

B. If any person willfully discharges or causes to be discharged any firearm upon the buildings and grounds of any public, private or religious elementary, middle or high school, he shall be guilty of a Class 4 felony, unless he is engaged in a program or curriculum sponsored by or conducted with permission of a public, private or religious school.

C. If any person willfully discharges or causes to be discharged any firearm upon any public property within 1,000 feet of the property line of any public, private or religious elementary, middle or high school property he shall be guilty of a Class 4 felony, unless he is engaged in lawful hunting.

D. This section shall not apply to any law-enforcement officer in the performance of his official duties nor to any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law.

E. Nothing in this statute shall preclude the Commonwealth from electing to prosecute under any other applicable provision of law instead of this section.

Code 1950, § 18.1-69; 1960, c. 358; 1975, cc. 14, 15; 1992, c. 735; 1999, c. 996 ; 2001, c. 712 ; 2005, c. 928 .
Va. Code Ann. § 18.2-361 — Virginia Code / Title 18.2 / Chapter 8 / Article 3 / Section 18.2-361
Crimes against nature; penalty
Status: in_force

A. If any person carnally knows in any manner any brute animal or voluntarily submits to such carnal knowledge, he is guilty of a Class 6 felony.

B. Any person who performs or causes to be performed cunnilingus, fellatio, anilingus, or anal intercourse upon or by his daughter or granddaughter, son or grandson, brother or sister, or father or mother is guilty of a Class 5 felony. However, if a parent or grandparent commits any such act with his child or grandchild and such child or grandchild is at least 13 but less than 18 years of age at the time of the offense, such parent or grandparent is guilty of a Class 3 felony.

C. For the purposes of this section, parent includes step-parent, grandparent includes step-grandparent, child includes step-child, and grandchild includes step-grandchild.

Code 1950, § 18.1-212; 1960, c. 358; 1968, c. 427; 1975, cc. 14, 15; 1977, c. 285; 1981, c. 397; 1993, c. 450; 2005, c. 185 ; 2014, c. 794 .
Va. Code Ann. § 18.2-473.2 — Virginia Code / Title 18.2 / Chapter 10 / Article 7 / Section 18.2-473.2
Covering a security camera in a correctional facility; penalty
Status: in_force

A. As used in this section, "security camera" means an analog or digital photographic or video camera or other device capable of recording or transmitting a photograph, motion picture, or other digital image that has been installed in a state or local correctional facility or any juvenile correctional center.

B. Any person who intentionally covers, removes, damages, renders inoperable, or otherwise obscures a security camera without the permission of the sheriff, jail superintendent, warden, or Director of the Department of Corrections or Department of Juvenile Justice is guilty of a Class 1 misdemeanor.

C. Any person who intentionally covers, removes, damages, renders inoperable, or otherwise obscures a security camera with the intent of inhibiting or preventing a security camera from recording or transmitting a photograph, motion picture, or other digital image of the commission of a felony is guilty of a Class 6 felony.

2022, cc. 673 , 674 .
Va. Code Ann. § 18.2-51.6 — Virginia Code / Title 18.2 / Chapter 4 / Article 4 / Section 18.2-51.6
Strangulation or suffocation of another; penalty
Status: in_force

A. 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.

B. Any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully blocking or obstructing the airway of such person resulting in the wounding or bodily injury of such person is guilty of suffocation, a Class 6 felony.

2012, cc. 577 , 602 ; 2023, cc. 709 , 710 .
Va. Code Ann. § 18.2-356.1 — Virginia Code / Title 18.2 / Chapter 8 / Article 3 / Section 18.2-356.1
Purchasing or selling of minors; exceptions; penalties
Status: in_force

A. Any person who offers money or other valuable thing to another for the purpose of purchasing or otherwise obtaining custody or control of a minor and thereafter does any substantial act in furtherance thereof is guilty of a Class 5 felony.

B. Any parent, legal guardian, or other person having custody or control of a minor who receives any money or other valuable thing for or on account of selling or otherwise transferring custody or control of such minor, or offers to sell or otherwise transfer custody or control of such minor, is guilty of a Class 5 felony.

C. The provisions of this section shall not apply to any person (i) entering into a surrogacy contract pursuant to the provisions of Chapter 9 (§ 20-156 et seq.) of Title 20, (ii) seeking to adopt a child or place his child for adoption pursuant to the provisions of Chapter 12 (§ 63.2-1200 et seq.) of Title 63.2, or (iii) who is a person with a legitimate interest as defined in § 20-124.1 in such minor.

D. A 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.

2023, c. 359 .
Va. Code Ann. § 18.2-71 — Virginia Code / Title 18.2 / Chapter 4 / Article 9 / Section 18.2-71
Producing abortion or miscarriage, etc.; penalty
Status: in_force

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.

Code 1950, § 18.1-62; 1960, c. 358; 1970, c. 508; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-142 — Virginia Code / Title 18.2 / Chapter 5 / Article 6 / Section 18.2-142
Repealed
Status: repealed

Repealed by Acts 1979, c. 252.
Va. Code Ann. § 18.2-408 — Virginia Code / Title 18.2 / Chapter 9 / Article 1 / Section 18.2-408
Conspiracy; incitement, etc., to riot
Status: in_force

Any person who conspires with others to cause or produce a riot, or directs, incites, or solicits other persons who participate in a riot to acts of force or violence, shall be guilty of a Class 5 felony.

Code 1950, § 18.1-254.5:1; 1971, Ex. Sess., c. 251; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-410 — Virginia Code / Title 18.2 / Chapter 9 / Article 1 / Section 18.2-410
Power of Governor to summon law-enforcement agencies, national guard, etc., to execute process or preserve the peace
Status: in_force

If it appears to the Governor that the power of the locality is not sufficient to enable the sheriff or other officer to execute process delivered to him or to suppress riots and to preserve the peace, he may order law-enforcement agencies, national guard, militia or other agencies of the Commonwealth or localities as may be necessary to execute such process and to preserve the peace. All persons so ordered or summoned by the Governor are required to attend and act. Any person who, without lawful cause, refuses or neglects to obey the command, shall be guilty of a Class 1 misdemeanor.

Code 1950, § 18.1-254.7; 1968, c. 460; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-225 — Virginia Code / Title 18.2 / Chapter 6 / Article 8 / Section 18.2-225
Misrepresentations as to agricultural products
Status: in_force

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.

Code 1950, § 59.1-54; 1968, c. 439; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-67.2 — Virginia Code / Title 18.2 / Chapter 4 / Article 7 / Section 18.2-67.2
Object sexual penetration; penalty
Status: in_force

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.

The mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence. 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.

1981, c. 397; 1982, c. 508; 1986, c. 516; 1988, c. 437; 1993, c. 549; 1994, cc. 772 , 794 ; 1999, c. 367 ; 2005, c. 631 ; 2006, cc. 853 , 914 ; 2012, cc. 575 , 605 ; 2013, cc. 761 , 774 .
Va. Code Ann. § 18.2-301 — Virginia Code / Title 18.2 / Chapter 7 / Article 6 / Section 18.2-301
Repealed
Status: repealed

Repealed by Acts 1978, c. 710.
Va. Code Ann. § 18.2-308.4 — Virginia Code / Title 18.2 / Chapter 7 / Article 7 / Section 18.2-308.4
(Effective July 1, 2027) Possession of firearms while in possession of certain substances
Status: in_force

A. It is unlawful for any person unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et seq.) of Title 54.1 to simultaneously with knowledge and intent possess any firearm. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony.

B. It is unlawful for any person unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et seq.) to simultaneously with knowledge and intent possess any firearm on or about his person. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of two years. 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.

C. It is unlawful for any person to possess, 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 the illegal manufacture, sale, distribution, or the possession with the intent to manufacture, sell, or distribute a controlled substance classified in Schedule I or Schedule II of the Drug Control Act (§ 54.1-3400 et seq.). A violation of this subsection is a Class 6 felony, and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of five years. 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.

1987, c. 285; 1990, c. 625; 1992, c. 707; 1993, c. 831; 1999, cc. 829 , 846 ; 2003, c. 949 ; 2004, cc. 461 , 995 ; 2011, cc. 384 , 410 ; 2014, cc. 674 , 719 ; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 18.2-268.11 — Virginia Code / Title 18.2 / Chapter 7 / Article 2 / Section 18.2-268.11
Substantial compliance
Status: in_force

The steps set forth in §§ 18.2-268.2 through 18.2-268.9 relating to taking, handling, identifying, and disposing of blood or breath samples are procedural and not substantive. Substantial compliance shall be sufficient. Failure to comply with any steps or portions thereof shall not of itself be grounds for finding the defendant not guilty, but shall go to the weight of the evidence and shall be considered with all the evidence in the case; however, the defendant shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedures or any part thereof, and that as a result his rights were prejudiced.

1992, c. 830; 2003, cc. 933 , 936 .
Va. Code Ann. § 18.2-329 — Virginia Code / Title 18.2 / Chapter 8 / Article 1 / Section 18.2-329
Owners, etc., of gambling place permitting its continuance; penalty
Status: in_force

If the owner, lessee, tenant, occupant or other person in control of any place or conveyance, knows, or reasonably should know, that it is being used for illegal gambling, and permits such gambling to continue without having notified a law-enforcement officer of the presence of such illegal gambling activity, he shall be guilty of a Class 1 misdemeanor.

Code 1950, §§ 18.1-319, 18.1-324, 18.1-337, 18.1-339; 1960, c. 358; 1968, c. 401; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-370.6 — Virginia Code / Title 18.2 / Chapter 8 / Article 4 / Section 18.2-370.6
Penetration of mouth of child with lascivious intent; penalty
Status: in_force

Any person 18 years of age or older who, with lascivious intent, kisses a child under the age of 13 on the mouth while knowingly and intentionally penetrating the mouth of such child with his tongue is guilty of a Class 1 misdemeanor.

2008, c. 772 .
Va. Code Ann. § 18.2-228 — Virginia Code / Title 18.2 / Chapter 6 / Article 8 / Section 18.2-228
Same; imitating indicia of other brands
Status: in_force

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.

Code 1950, § 59.1-57; 1968, c. 439; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-334.1 — Virginia Code / Title 18.2 / Chapter 8 / Article 1 / Section 18.2-334.1
Defeated at referendum
Status: in_force

Defeated at referendum.
Va. Code Ann. § 18.2-129 — Virginia Code / Title 18.2 / Chapter 5 / Article 5 / Section 18.2-129
Repealed
Status: repealed

Repealed by Acts 1989, c. 680.
Va. Code Ann. § 18.2-323.01 — Virginia Code / Title 18.2 / Chapter 7 / Article 8 / Section 18.2-323.01
Prohibition against disposal of dead body; penalty
Status: in_force

It shall be unlawful for any person to dispose of a dead body as defined in § 32.1-249 (i) on private property without the written permission of the landowner or (ii) on public property.

A violation of this section shall be punishable as a Class 1 misdemeanor.

1992, c. 883.
Va. Code Ann. § 18.2-273.9 — Virginia Code / Title 18.2 / Chapter 7 / Article 2.1 / Section 18.2-273.9
Ignition interlock system and remote alcohol monitoring device; certification by Commission on VASAP; regulations; sale or lease; monitoring use; reports; penalty
Status: in_force

A. The Executive Director of the Commission or his designee shall, pursuant to approval by the Commission, certify ignition interlock systems for use in the Commonwealth and adopt regulations and forms for the installation, maintenance, and certification of such ignition interlock systems.

The regulations shall include requirements that ignition interlock systems:

1. Do not impede the safe operation of the vehicle;

2. Minimize opportunities to be bypassed, circumvented, or tampered with, and provide evidence thereof;

3. Correlate accurately with established measures of blood alcohol content and are calibrated according to the manufacturer's specifications;

4. Work accurately and reliably in an unsupervised environment;

5. Have the capability to provide an accurate written measure of blood alcohol content for each ignition, attempted ignition, and rolling retest, and record each attempt to circumvent or tamper with the equipment;

6. Minimize inconvenience to other users;

7. Be manufactured or distributed by an entity responsible for installation, user training, service, and maintenance, and meet the safety and operational requirements promulgated by the National Highway Transportation Safety Administration;

8. Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;

9. Be manufactured by an entity that is adequately insured against liability, in an amount established by the Commission, including product liability and installation and maintenance errors;

10. Provide for an electronic log of the driver's experience with the system with an information management system capable of electronically delivering information to the agency supervising the interlock user within 24 hours of the collection of such information from the data logger; and

11. Provide for a rolling retest of the operator's blood alcohol content.

B. The Executive Director of the Commission or his designee shall, pursuant to approval by the Commission, certify remote alcohol monitoring devices for use in the Commonwealth and adopt regulations and forms for the installation, maintenance, and certification of such remote alcohol monitoring devices.

C. Such regulations shall also provide for the establishment of a fund, using a percentage of fees received by the manufacturer or distributor providing ignition interlock services or remote alcohol monitoring devices, to afford persons found by the court to be indigent all or part of the costs of an ignition interlock system or remote alcohol monitoring device.

D. The Commission shall design and adopt a warning label to be affixed to an ignition interlock system or remote alcohol monitoring device upon installation. The warning label shall state that a person tampering with or attempting to circumvent the ignition interlock system or remote alcohol monitoring device is guilty of a Class 1 misdemeanor and, upon conviction, shall be subject to a fine or incarceration or both.

E. The Commission shall publish a list of certified ignition interlock systems and remote alcohol monitoring devices and shall ensure that such systems and devices are available throughout the Commonwealth. The local ASAP shall make the list available to eligible offenders, who shall have the responsibility and authority to choose which certified ignition interlock company and certified remote alcohol monitoring company will supply the offender's equipment. A manufacturer or distributor of an ignition interlock system or a remote alcohol monitoring device that seeks to sell or lease the ignition interlock system or remote alcohol monitoring device to persons subject to the provisions of § 18.2-270.1 shall pay the reasonable costs of obtaining the required certification, as set forth by the Commission.

F. A person may not sell or lease or offer to sell or lease an ignition interlock system or a remote alcohol monitoring device to any person subject to the provisions of § 18.2-270.1 unless:

1. The system or device has been certified by the Commission; and

2. The warning label adopted by the Commission is affixed to the system.

G. A manufacturer or distributor of an ignition interlock system or remote alcohol monitoring device shall provide such services as may be required at no cost to the Commonwealth. Such services shall include a toll-free, 24-hour telephone number for the users of ignition interlock systems or remote alcohol monitoring devices.

2026, cc. 686 , 687 .
Va. Code Ann. § 18.2-313.1 — Virginia Code / Title 18.2 / Chapter 7 / Article 8 / Section 18.2-313.1
Withholding information about possibly rabid animal; penalty
Status: in_force

It shall be unlawful for any person to (i) knowingly withhold information from, or knowingly give false information to, any lawfully authorized governmental agent which would reasonably lead to the discovery or location and capture of any animal reasonably identifiable as one that has potentially exposed a human being to rabies; (ii) upon the request of an animal control officer, a law-enforcement officer, or an official of the Department of Health, willfully fail to grant access to any animal owned, harbored, or kept by that person that is suspected of having caused a rabies exposure to a human being; or (iii) upon notice by an animal control officer, a law-enforcement officer, or an official of the Department of Health, willfully fail to comply with a confinement, isolation, or quarantine order.

Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.

1989, c. 491; 2010, c. 834 .
Va. Code Ann. § 18.2-102 — Virginia Code / Title 18.2 / Chapter 5 / Article 3 / Section 18.2-102
Unauthorized use of animal, aircraft, vehicle or boat; consent; accessories or accomplices
Status: in_force

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 $1,000, 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.

Code 1950, § 18.1-164; 1960, c. 358; 1970, c. 8; 1975, cc. 14, 15; 1981, c. 197; 2018, cc. 764 , 765 ; 2020, cc. 89 , 401 .
Va. Code Ann. § 18.2-8 — Virginia Code / Title 18.2 / Chapter 1 / Article 3 / Section 18.2-8
Felonies, misdemeanors and traffic infractions defined
Status: in_force

Offenses are either felonies or misdemeanors. Such offenses as are punishable with 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.

Code 1950, § 18.1-6; 1960, c. 358; 1975, cc. 14, 15; 1977, c. 585; 2021, Sp. Sess. I, cc. 344 , 345 .
Va. Code Ann. § 18.2-266.1 — Virginia Code / Title 18.2 / Chapter 7 / Article 2 / Section 18.2-266.1
Persons younger than 21 years of age driving after illegally consuming alcohol; penalty
Status: in_force

A. It is unlawful for any person younger than 21 years of age 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 be issued a restricted license during the term of license suspension, provided, however, that such person is required to install an ignition interlock system pursuant to § 18.2-270.1 for a period not to exceed one year.

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.

1994, cc. 359 , 363 ; 1995, c. 31 ; 2003, c. 605 ; 2008, c. 729 ; 2009, c. 660 ; 2011, cc. 134 , 683 ; 2026, c. 1112 .
Va. Code Ann. § 18.2-175 — Virginia Code / Title 18.2 / Chapter 6 / Article 2 / Section 18.2-175
Unlawful wearing of officer's uniform or insignia; unlawful use of vehicle with word "police" shown thereon
Status: in_force

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.

Code 1950, § 18.1-312; 1960, c. 358; 1966, c. 420; 1968, c. 675; 1975, cc. 14, 15; 1979, c. 704; 1991, c. 424.
Va. Code Ann. § 18.2-190.6 — Virginia Code / Title 18.2 / Chapter 6 / Article 5.1 / Section 18.2-190.6
Restitution
Status: in_force

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 .

2002, c. 671 .
Va. Code Ann. § 18.2-340.32 — Virginia Code / Title 18.2 / Chapter 8 / Article 1.1:1 / Section 18.2-340.32
Repealed
Status: repealed

Repealed by Acts 2004, c. 462 .
Va. Code Ann. § 18.2-133 — Virginia Code / Title 18.2 / Chapter 5 / Article 5 / Section 18.2-133
Refusal of person on land, etc., of another to identify himself
Status: in_force

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.

Code 1950, § 29-165.1; 1954, c. 156; 1962, c. 469; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-483 — Virginia Code / Title 18.2 / Chapter 11 / Article 1 / Section 18.2-483
Attempting, or instigating others, to establish usurped government
Status: in_force

If any person attempt to establish any such usurped government and commit any overt act therefor or by writing or speaking endeavor to instigate others to establish such government, he shall be guilty of a Class 1 misdemeanor.

Code 1950, § 18.1-420; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-279 — Virginia Code / Title 18.2 / Chapter 7 / Article 4 / Section 18.2-279
Discharging firearms or missiles within or at building or dwelling house; penalty
Status: in_force

If any person maliciously discharges a firearm within any building when occupied by one or more persons in such a manner as to endanger the life or lives of such person or persons, or maliciously shoots at, or maliciously throws any missile at or against any dwelling house or other building when occupied by one or more persons, whereby the life or lives of any such person or persons may be put in peril, the person so offending is guilty of a Class 4 felony. In the event of the death of any 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 be done unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony; and, in the event of the death of any person resulting from such unlawful shooting or throwing, the person so offending is guilty of involuntary manslaughter. If any person willfully discharges a firearm within or shoots at any school building whether occupied or not, he is guilty of a Class 4 felony.

Code 1950, §§ 18.1-66, 18.1-152; 1960, c. 358; 1975, cc. 14, 15; 1992, c. 738; 2005, c. 143 .
Va. Code Ann. § 18.2-68 — Virginia Code / Title 18.2 / Chapter 4 / Article 8 / Section 18.2-68
Repealed
Status: repealed

Repealed by Acts 1994, c. 59 .
Va. Code Ann. § 18.2-273.4 — Virginia Code / Title 18.2 / Chapter 7 / Article 2.1 / Section 18.2-273.4
Local alcohol safety action programs
Status: in_force

A. The Commission, or any county, city, or town, or any combination thereof, may establish and, if established, shall operate, in accordance with the standards and criteria required by this section, alcohol safety action programs (ASAPs) in connection with highway safety. Each such program shall operate under the direction of a local independent policy board established pursuant to § 18.2-273.5 and shall, at a minimum, (i) employ a program director and such staff as necessary to carry out the duties of such local ASAP and (ii) hold general liability, professional liability, and directors and officers insurance if such items are not provided by the fiscal agent locality of such program. Each such program shall be accessible to the public for all required services during days and hours established by the Commission, and the Commission shall prescribe acceptable methods of accessibility, including remote and electronic service delivery.

B. The Commission shall establish minimum standards and criteria for the implementation and operation of local ASAPs and shall establish procedures to certify all such programs to ensure that they meet the minimum standards and criteria stipulated by the Commission. The Commission shall also establish criteria for the administration of such programs for (i) public information activities, (ii) accounting procedures, (iii) the auditing requirements of such programs, and (iv) the allocation of supplemental or emergency funding pursuant to subsection D.

C. Each program director of the local ASAP shall be subject to an annual performance evaluation conducted by the Executive Director of the Commission or his designee. A program director shall be required to achieve and maintain, at minimum, a satisfactory performance rating as a condition of continued certification. Failure to maintain such required certification or a satisfactory performance rating (i) may result in suspension or revocation of certification and (ii) shall render such person ineligible to serve as a program director or employee of any local ASAP.

D. (Effective January 1, 2028) Each county, city, or town that has established, or jointly participates in, a local ASAP shall provide for the financial support of such program through annual appropriations in its local budget or through such other funding mechanisms as may be agreed upon by the participating localities. Each local ASAP serving multiple localities shall, as a condition of certification, have a written funding agreement among all participating localities that equitably allocates costs of program operation. Such agreement shall be filed with the Commission and reviewed for compliance with Commission standards. The Commission shall not be responsible for routine operational or personnel funding of local ASAPs. The Commission may, subject to the availability of funds, provide supplemental or emergency assistance to a local ASAP or its fiscal agent locality if the Commission determines that (i) financial hardship threatens continued operation of the local ASAP, (ii) the local ASAP has demonstrated compliance with all Commission standards, and (iii) the participating localities have contributed funding in accordance with this subsection. In the event any locality fails to provide financial support pursuant to this subsection, such locality may be subject to a fine as prescribed by the Commission.

E. Each local ASAP shall (i) maintain financial records in accordance with generally accepted accounting principles; (ii) be subject to local, state, and federal audits; and (iii) submit monthly financial reports to the Commission by the fifteenth day of the following month and an annual income statement by August 1 of each year. Any local ASAP that fails to timely file such information shall be subject to daily late fees, prescribed by the Commission, and potential decertification.

F. Any local ASAP revenues that are derived from offender fees or other sources shall only be used for the administration of such local ASAP and are subject to Commission oversight. The Commission may collect unexpended revenue or reserve balances from any local ASAP to ensure statewide fiscal accountability and maintain program standards.

G. Each local ASAP shall submit an annual operating budget and corresponding financial documents to the Commission for approval by May 1 of each year in a format prescribed by the Commission. In the event a local ASAP fails to submit, correct, or operate under an approved budget as required by the Commission, the Commission may (i) withhold or recover any state-controlled or supplemental funds, (ii) suspend or revoke certification of the local ASAP, (iii) suspend new offender referrals to the local ASAP, (iv) initiate temporary administration or reorganization under § 18.2-273.7, or (v) take such other actions as necessary to ensure compliance and fiscal accountability.

H. Each local ASAP shall operate under a program agreement approved by the Commission. Such agreement shall (i) delineate the responsibilities of the Commission and the local ASAP; (ii) specify conditions for receipt of any supplemental or emergency funding; (iii) identify performance measures related to offender compliance, fiscal management, and program efficiency; and (iv) provide procedures for monitoring, and remediation of, noncompliance. The Commission may withhold or recover funds or suspend certification for failure of the local ASAP to comply with the terms of such agreement.

I. Two or more certified local ASAPs may, with the approval of the Commission, enter into joint service agreements to provide education, monitoring, or administrative services and to share fiscal, personnel, or technological resources. Any such agreement shall specify the (i) duration, purpose, and method of administration; (ii) allocation of costs; and (iii) responsibilities of each participating program. Such agreement shall be filed with the Commission for review and approval. However, participation in any such agreement shall not relieve a local ASAP of its obligations under this article or regulations of the Commission.

J. Funds paid to the Commonwealth hereunder shall be utilized in the discretion of the Commission to offset the costs of state programs and local programs run in conjunction with any county, city, or town and costs incurred by the Commission. The Commission shall include in the executive summary required pursuant to subsection H of § 18.2-273.2 all actions taken pursuant to this section.

2026, cc. 686 , 687 .
Va. Code Ann. § 18.2-273 — Virginia Code / Title 18.2 / Chapter 7 / Article 2 / Section 18.2-273
Report of conviction to Department of Motor Vehicles
Status: in_force

The clerk of every court of record and the judge of every court not of record shall, within thirty days after final conviction of any person in his court under the provisions of this article, report the fact thereof and the name, post-office address and street address of such person, together with the license plate number on the vehicle operated by such person to the Commissioner of the Department of Motor Vehicles who shall preserve a record thereof in his office.

Code 1950, § 18.1-61; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-87.1 — Virginia Code / Title 18.2 / Chapter 5 / Article 1 / Section 18.2-87.1
Setting off chemical bombs capable of producing smoke in certain public buildings
Status: in_force

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.

1976, c. 153.
Va. Code Ann. § 18.2-358 — Virginia Code / Title 18.2 / Chapter 8 / Article 3 / Section 18.2-358
Repealed
Status: repealed

Repealed by Acts 2004, c. 459 .
Va. Code Ann. § 18.2-21 — Virginia Code / Title 18.2 / Chapter 2 / Section 18.2-21
When and where accessories tried; how indicted
Status: in_force

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.

Code 1950, § 18.1-13; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-510 — Virginia Code / Title 18.2 / Chapter 12 / Article 3 / Section 18.2-510
Burial or cremation of animals or fowls which have died
Status: in_force

When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried or request such service from an officer or other person designated for the purpose. If the owner fails to do so, any judge of a general district court, after notice to the owner if he can be ascertained, shall cause any such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitled to recover of the owner of every such animal or fowl that is cremated or buried the actual cost of the cremation or burial and a reasonable fee to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.

Nothing in this section shall be deemed to require the burial or cremation of the whole or portions of any animal or fowl which is to be used for food or in any commercial manner.

This section shall not apply to any county until the governing body thereof shall adopt the same.

Code 1950, § 32-70; 1979, c. 716; 1981, c. 578; 2008, c. 345 .
Va. Code Ann. § 18.2-91 — Virginia Code / Title 18.2 / Chapter 5 / Article 2 / Section 18.2-91
Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony
Status: in_force

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.

Code 1950, § 18.1-89; 1960, c. 358; 1962, c. 505; 1970, c. 381; 1975, cc. 14, 15, 602; 1991, c. 710; 1992, c. 486; 1996, c. 1040 ; 1997, c. 832 .
Va. Code Ann. § 18.2-74 — Virginia Code / Title 18.2 / Chapter 4 / Article 9 / Section 18.2-74
When abortion or termination of pregnancy lawful after second trimester of pregnancy
Status: in_force

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.

1975, cc. 14, 15; 2009, cc. 813 , 840 .
Va. Code Ann. § 18.2-383 — Virginia Code / Title 18.2 / Chapter 8 / Article 5 / Section 18.2-383
Exceptions to application of article
Status: in_force

Nothing contained in this article shall be construed to apply to:

(1) The purchase, distribution, exhibition, or loan of any book, magazine, or other printed or manuscript material by any library, school, or institution of higher education, supported by public appropriation;

(2) The purchase, distribution, exhibition, or loan of any work of art by any museum of fine arts, school, or institution of higher education, supported by public appropriation;

(3) The exhibition or performance of any play, drama, tableau, or motion picture by any theatre, museum of fine arts, school, or institution of higher education, supported by public appropriation.

Code 1950, § 18.1-236.2; 1960, c. 233; 1966, c. 516; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-271 — Virginia Code / Title 18.2 / Chapter 7 / Article 2 / Section 18.2-271
Forfeiture of driver's license for driving while intoxicated
Status: in_force

A. Except as provided in § 18.2-271.1 , the judgment of conviction if for a first offense under § 18.2-266 or for a similar offense under any local ordinance, or for a first offense under subsection A of § 46.2-341.24 , shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine, or train in the Commonwealth for a period of one year from the date of such judgment. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2 .

B. If a person (i) is tried on a process alleging a second offense of violating § 18.2-266 or subsection A of § 46.2-341.24 , or any substantially similar local ordinance, or law of any other jurisdiction, within 10 years of a first offense for which the person was convicted, or found guilty in the case of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine, or train in the Commonwealth for a period of three years from the date of the judgment of conviction and such person shall have his license revoked as provided in subsection A of § 46.2-391 . The court trying such case shall order the surrender of the person's driver's license, to be disposed of in accordance with § 46.2-398 , and shall notify such person that his license has been revoked for a period of three years and that the penalty for violating that revocation is as set out in § 46.2-391 . This suspension period shall be in addition to the suspension period provided under § 46.2-391.2 . Any period of license suspension or revocation imposed pursuant to this section, in any case, shall run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by §§ 18.2-268.1 through 18.2-268.12 or §§ 46.2-341.26:1 through 46.2-341.26:11 or any period of suspension for a previous violation of § 18.2-266 , 18.2-266.1 , or 46.2-341.24 .

C. If a person (i) is tried on a process alleging (a) a felony conviction of § 18.2-266 or (b) a third or subsequent offense of violating § 18.2-266 or subsection A of § 46.2-341.24 , or any substantially similar local ordinance, or law of any other jurisdiction, within 10 years of two other offenses for which the person was convicted, or found not innocent in the case of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine, or train in the Commonwealth. Such person may, upon good cause shown, be eligible for participation in a program pursuant to § 18.2-271.1 and shall, upon conviction, have his license revoked as provided in subsection B of § 46.2-391 . The court trying such case shall order the surrender of the person's driver's license, to be disposed of in accordance with § 46.2-398 , and shall notify such person that his license has been revoked indefinitely and that the penalty for violating that revocation is as set out in § 46.2-391 .

D. Notwithstanding any other provision of this section, the period of license revocation or suspension shall not begin to expire until the person convicted has surrendered his license to the court or to the Department of Motor Vehicles.

E. The provisions of this section shall not apply to, and shall have no effect upon, any disqualification from operating a commercial motor vehicle imposed under the provisions of the Commercial Driver's License Act (§ 46.2-341.1 et seq.).

Code 1950, § 18.1-59; 1960, c. 358; 1962, c. 625; 1964, c. 240; 1972, c. 757; 1975, cc. 14, 15; 1982, c. 301; 1983, c. 504; 1984, cc. 623, 673; 1989, c. 705; 1990, c. 949; 1992, cc. 722, 830, 891; 1994, cc. 359 , 363 ; 2000, cc. 956 , 982 ; 2001, c. 739 ; 2002, c. 873 ; 2010, c. 521 ; 2013, cc. 415 , 655 ; 2026, c. 1112 .
Va. Code Ann. § 18.2-268.7 — Virginia Code / Title 18.2 / Chapter 7 / Article 2 / Section 18.2-268.7
Transmission of blood test samples; use as evidence
Status: in_force

A. Upon receipt of a blood sample forwarded to the Department for analysis pursuant to § 18.2-268.6 , the Department shall have it examined for its alcohol or drug or both alcohol and drug content and the Director shall execute a certificate of analysis indicating the name of the accused; the date, time and by whom the blood sample was received and examined; a statement that the seal on the vial had not been broken or otherwise tampered with; a statement that the container and vial were provided or approved by the Department and that the vial was one to which the completed withdrawal certificate was attached; and a statement of the sample's alcohol or drug or both alcohol and drug content. The Director shall remove the withdrawal certificate from the vial and either (i) attach it to the certificate of analysis and state in the certificate of analysis that it was so removed and attached or (ii) electronically scan it into the Department's Laboratory Information Management System and place the original withdrawal certificate in its case-specific file. The certificate of analysis and the withdrawal certificate shall be returned or electronically transmitted to the clerk of the court in which the charge will be heard.

B. After completion of the analysis, the Department shall preserve the remainder of the blood until at least 90 days have lapsed. The accused may, at any time prior to the expiration of such 90-day period, by motion filed before the court in which the charge will be heard, with notice to the Department, request an order directing the Department to transmit the remainder of the blood sample to an independent laboratory retained by the accused for analysis. On motion of the accused, the report of analysis prepared for the remaining blood sample shall be admissible in evidence, provided that the report is duly attested by a person performing such analysis and the independent laboratory that performed the analysis is accredited or certified to conduct forensic blood alcohol/drug testing by one or more of the following: College of American Pathologists (CAP); U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA); American Board of Forensic Toxicology (ABFT); or an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed. If no notice of a motion to transmit the remainder of the blood sample is received prior to the expiration of the 90-day period, the Department shall destroy the remainder of the blood sample unless the Commonwealth has filed a written request with the Department to return the remainder of the blood sample to the investigating law-enforcement agency. In such case, the Department shall return the remainder of the blood sample, if not sent to an independent laboratory, to the investigating law-enforcement agency.

C. When a blood sample taken in accordance with the provisions of §§ 18.2-268.2 through 18.2-268.6 is forwarded for analysis to the Department, a report of the test results shall be filed in that office. Upon proper identification of the certificate of withdrawal, the certificate of analysis, with the withdrawal certificate attached, shall, when attested by the Director, be admissible in any court as evidence of the facts therein stated and of the results of such analysis (i) in any criminal proceeding, provided the requirements of subsection A of § 19.2-187.1 have been satisfied and the accused has not objected to the admission of the certificate pursuant to subsection B of § 19.2-187.1 , or (ii) in any civil proceeding.

Upon request of the person whose blood was analyzed, the test results shall be made available to him.

The Director may delegate or assign these duties to an employee of the Department.
Va. Code Ann. § 18.2-190.7 — Virginia Code / Title 18.2 / Chapter 6 / Article 5.1 / Section 18.2-190.7
Repealed
Status: repealed

Repealed by Acts 2004, c. 995 .
Va. Code Ann. § 18.2-447 — Virginia Code / Title 18.2 / Chapter 10 / Article 3 / Section 18.2-447
When person guilty of bribery
Status: in_force

A person shall be guilty of bribery under the provisions of this article:

(1) If he offers, confers or agrees to confer upon another (a) any pecuniary benefit as consideration for or to obtain or influence the recipient's decision, opinion, recommendation, vote or other exercise of discretion as a public servant or party official, or (b) any benefit as consideration for or to obtain or influence either the recipient's decision, opinion, recommendation, vote or other exercise of official discretion in a judicial or administrative proceeding or the recipient's violation of a known legal duty as a public servant or party official; or

(2) If he accepts or agrees to accept from another (a) any pecuniary benefit offered, conferred or agreed to be conferred as consideration for or to obtain or influence the recipient's decision, opinion, recommendation, vote or other exercise of discretion as a public servant or party official, or (b) any benefit offered, conferred or agreed to be conferred as consideration for or to obtain or influence either the recipient's decision, opinion, recommendation, vote or other exercise of official discretion in a judicial or administrative proceeding or the recipient's violation of a known legal duty as a public servant or party official; or

(3) If he solicits from another (a) any pecuniary benefit or promise of pecuniary benefit as consideration for or in exchange for his decision, opinion, recommendation, vote or other exercise of discretion as a public servant or party official, or (b) any benefit or promise of benefit as consideration for or in exchange for his decision, opinion, recommendation, vote or other exercise of official discretion in a judicial or administrative proceeding or his violation of a known legal duty as a public servant or party official.

Code 1950, § 18.1-282.2; 1968, c. 552; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-487 — Virginia Code / Title 18.2 / Chapter 11 / Article 2 / Section 18.2-487
Exhibition or display
Status: in_force

No person shall, in any manner, for exhibition or display:

(1) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign or shield of the United States or of this Commonwealth, or authorized by any law of the United States or of this Commonwealth;

(2) Expose to public view any such flag, standard, color, ensign or shield upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed, any such word, figure, mark, picture, design, drawing or advertisement; or

(3) Expose to public view for sale, manufacture or otherwise, or sell, give or have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise, upon or to which shall have been produced or attached any such flag, standard, color, ensign or shield, in order to advertise, call attention to, decorate, mark or distinguish such article or substance.

Code 1950, § 18.1-424; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-190.4 — Virginia Code / Title 18.2 / Chapter 6 / Article 5.1 / Section 18.2-190.4
Manufacture of an unlawful electronic communication device; penalty
Status: in_force

A person who knowingly manufactures an unlawful electronic communication device shall be guilty of a Class 6 felony.

1993, c. 439; 1998, c. 518 ; 2002, c. 671 ; 2003, c. 354 .
Va. Code Ann. § 18.2-152.3 — Virginia Code / Title 18.2 / Chapter 5 / Article 7.1 / Section 18.2-152.3
Computer fraud; penalty
Status: in_force

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 $1,000 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 $1,000, the crime of computer fraud shall be punishable as a Class 1 misdemeanor.

1984, c. 751; 1985, c. 322; 2003, cc. 987 , 1016 ; 2005, cc. 747 , 761 , 827 , 837 ; 2018, cc. 764 , 765 ; 2020, cc. 89 , 401 .
Va. Code Ann. § 18.2-466 — Virginia Code / Title 18.2 / Chapter 10 / Article 6 / Section 18.2-466
Corruptly procuring juror to be summoned
Status: in_force

If any person procure or attempt to procure a juror to be summoned, with intent that such juror shall find a verdict for or against either party, he shall be guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-297; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-183 — Virginia Code / Title 18.2 / Chapter 6 / Article 4 / Section 18.2-183
Issuance of bad check prima facie evidence of intent and knowledge; notice by certified or registered mail
Status: in_force

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.

Code 1950, § 6.1-117; 1966, c. 584; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-262 — Virginia Code / Title 18.2 / Chapter 7 / Article 1 / Section 18.2-262
Witnesses not excused from testifying or producing evidence because of self-incrimination
Status: in_force

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.

Code 1950, § 54-524.107:1; 1971, Ex. Sess., c. 170; 1975, cc. 14, 15; 1984, c. 667.
Va. Code Ann. § 18.2-344 — Virginia Code / Title 18.2 / Chapter 8 / Article 3 / Section 18.2-344
Repealed
Status: repealed

Repealed by Acts 2020, c. 122 , cl. 2.
Va. Code Ann. § 18.2-288 — Virginia Code / Title 18.2 / Chapter 7 / Article 5 / Section 18.2-288
Definitions
Status: in_force

When used in this article:

(1) "Machine gun" applies to any weapon which shoots or is designed to shoot automatically more than one shot, without manual reloading, by a single function of the trigger.

(2) "Crime of violence" applies to and includes any of the following crimes or an attempt to commit any of the same, namely, murder, manslaughter, kidnapping, rape, mayhem, assault with intent to maim, disable, disfigure or kill, robbery, burglary, housebreaking, breaking and entering and larceny.

(3) "Person" applies to and includes firm, partnership, association or corporation.

Code 1950, § 18.1-258; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-224 — Virginia Code / Title 18.2 / Chapter 6 / Article 8 / Section 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
Status: in_force

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.

Code 1950, § 59.1-53.2; 1972, c. 399; 1975, cc. 14, 15; 1983, c. 445; 1988, c. 779; 1992, c. 562.
Va. Code Ann. § 18.2-295 — Virginia Code / Title 18.2 / Chapter 7 / Article 5 / Section 18.2-295
Registration of machine guns
Status: in_force

Every machine gun in this Commonwealth shall be registered with the Department of State Police within twenty-four hours after its acquisition or, in the case of semi-automatic weapons which are converted, modified or otherwise altered to become machine guns, within twenty-four hours of the conversion, modification or alteration. Blanks for registration shall be prepared by the Superintendent of State Police, and furnished upon application. To comply with this section the application as filed shall be notarized and shall show the model and serial number of the gun, the name, address and occupation of the person in possession, and from whom and the purpose for which, the gun was acquired or altered. The Superintendent of State Police shall upon registration required in this section forthwith furnish the registrant with a certificate of registration, which shall be valid as long as the registrant remains the same. Certificates of registration shall be retained by the registrant and produced by him upon demand by any peace officer. Failure to keep or produce such certificate for inspection shall be a Class 3 misdemeanor, and any peace officer, may without warrant, seize the machine gun and apply for its confiscation as provided in § 18.2-296 . Upon transferring a registered machine gun, the transferor shall forthwith notify the Superintendent in writing, setting forth the date of transfer and name and address of the transferee. Failure to give the required notification shall constitute a Class 3 misdemeanor. Registration data shall not be subject to inspection by the public.

Code 1950, § 18.1-265; 1960, c. 358; 1972, c. 199; 1975, cc. 14, 15; 1978, c. 618; 1988, c. 460.
Va. Code Ann. § 18.2-505 — Virginia Code / Title 18.2 / Chapter 12 / Article 3 / Section 18.2-505
Preparation, etc., of papers to be submitted for academic credit
Status: in_force

(a) No person shall prepare, cause to be prepared or sell any term paper, thesis, dissertation or other written material for another person, for profit, with the knowledge, or under circumstances in which he should reasonably have known, that such term paper, thesis, dissertation or other written material is to be submitted by any other person for academic credit at any public or private institution of higher education in the Commonwealth.

(b) No person shall make or disseminate, with the intent to induce any other person to enter into any obligation relating thereto, any statement, written or oral, that he will prepare or cause to be prepared, any term paper, thesis, dissertation or other written material, to be sold for profit, for or on behalf of any person who has been assigned the written preparation of such term paper, thesis, dissertation or other written material for academic credit at any public or private institution of higher education in the Commonwealth.

Code 1950, § 18.1-371.1; 1974, c. 342; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-208 — Virginia Code / Title 18.2 / Chapter 6 / Article 7 / Section 18.2-208
Making false statement, etc., for marriage record, etc
Status: in_force

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.

Code 1950, § 18.1-99; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-273.5 — Virginia Code / Title 18.2 / Chapter 7 / Article 2.1 / Section 18.2-273.5
Powers and duties of the local independent policy board
Status: in_force

A. The local independent policy board responsible for directing the operation of a local ASAP established pursuant to § 18.2-273.4 shall have the following powers and duties:

1. Review and approve the annual program budget prior to the submission of such budget to the Commission in consultation with the fiscal agent locality designated pursuant to § 18.2-273.6;

2. Participate in the hiring and firing of the program director and other personnel and consult with the fiscal agent locality to ensure such hiring and firing is consistent with the personnel policies and procedures of the locality; and

3. Meet as required by the regulations of the Commission and maintain minutes and records of such meetings in accordance with the standards established by the Commission.

B. Failure of a policy board to meet as required by subdivision A 3 shall constitute grounds for intervention by the Commission, including the reconstitution or replacement of the policy board, appointment of interim members, or any other corrective action the Commission deems necessary to ensure compliance and continuity of program operations.

2026, cc. 686 , 687 .
Va. Code Ann. § 18.2-334.3 — Virginia Code / Title 18.2 / Chapter 8 / Article 1 / Section 18.2-334.3
Exemptions to article
Status: in_force

Nothing in this article shall apply to:

1. Any lottery conducted by the Commonwealth pursuant to Article 1 (§ 58.1-4000 et seq.) of Chapter 40 of Title 58.1;

2. Any sports betting or related activity that is lawful under Article 2 (§ 58.1-4030 et seq.) of Chapter 40 of Title 58.1; or

3. The placement or operation of or communication to and from data center equipment in the Commonwealth associated with the hosting of lottery games duly authorized by another state or jurisdiction and regulated and operated consistent with and exclusively for the benefit of such state or jurisdiction, provided that wagering on such games is legally authorized in such other state or jurisdiction and the individuals wagering on such games are required by the laws or regulations of such other state or jurisdiction to be physically located within the geographic bounds of such other state or jurisdiction at the time the wager is initiated or placed.

1987, c. 531; 2020, cc. 1218 , 1256 ; 2024, cc. 311 , 358 .
Va. Code Ann. § 18.2-202 — Virginia Code / Title 18.2 / Chapter 6 / Article 7 / Section 18.2-202
Repealed
Status: repealed

Repealed by Acts 2004, c. 459 .
Va. Code Ann. § 18.2-213 — Virginia Code / Title 18.2 / Chapter 6 / Article 7 / Section 18.2-213
Simulation of warrants, processes, writs and notices
Status: in_force

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.

Code 1950, § 18.1-313; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-111.1 — Virginia Code / Title 18.2 / Chapter 5 / Article 4 / Section 18.2-111.1
Repealed
Status: repealed

Repealed by Acts 2004, c. 459 .
Va. Code Ann. § 18.2-428 — Virginia Code / Title 18.2 / Chapter 9 / Article 6 / Section 18.2-428
Giving certain false information to another by telephone
Status: in_force

If any person maliciously advises or informs another over any telephone in this Commonwealth of the death of, accident to, injury to, illness of, or disappearance of some third party, knowing the same to be false, he shall be guilty of a Class 1 misdemeanor.

Code 1950, § 18.1-238.1; 1962, c. 225; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-179 — Virginia Code / Title 18.2 / Chapter 6 / Article 3 / Section 18.2-179
Unlawful operation of coin box telephone, parking meter, vending machine, etc
Status: in_force

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.

Code 1950, § 28.1-124; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-273.7 — Virginia Code / Title 18.2 / Chapter 7 / Article 2.1 / Section 18.2-273.7
Procedure when suspension, revocation, etc., of certification of local ASAP
Status: in_force

A. Every local ASAP shall be certified at least every three years. Any local ASAP that is found not in compliance shall submit an action plan within 10 days of notice from the Commission that such local ASAP is not in compliance. The Commission may issue conditional certification, extend corrective periods, or revoke certification for noncompliance. The Commission may regionalize, merge, reorganize, or decertify any local ASAPs as necessary to maintain statewide standards and may establish regional leadership teams to assist programs in achieving compliance. The executive finance committee of the Commission may, for a period not to exceed 90 days, suspend the certification of a local ASAP when the committee determines that such action is necessary due to (i) noncompliance with Commission standards or regulations; (ii) fiscal mismanagement; or (iii) any other conduct that threatens the integrity, efficiency, or public confidence in the statewide ASAP system. Upon suspension by the executive finance committee, the Executive Director of the Commission may take such administrative action necessary to protect program integrity, including prohibiting the suspended local ASAP from receiving new referrals and restricting the suspended local ASAP from accessing any information systems provided by or through the Commission. In the event the Commission suspends, revokes, or declines to renew the certification of a local ASAP, the Commission shall take such actions as necessary to ensure the continued availability of mandatory alcohol safety action services within the affected judicial district. A local ASAP that has had its certification suspended shall continue to provide services for referrals received prior to the effective date of the suspension unless otherwise directed by the Commission.

B. The Commission may, for a period not to exceed 12 months, directly administer or contract for the administration of an interim program to provide mandatory alcohol safety action services. During such interim period, the Commission shall have all powers and duties of a certified local program pursuant to § 18.2-273.4. In lieu of direct administration, the Commission may authorize one or more neighboring certified local ASAPs to provide services to offenders residing or convicted within the affected jurisdiction under such terms and conditions as the Commission deems appropriate to maintain service continuity and judicial compliance.

C. The Commission may enter into temporary contracts with qualified public or private entities that meet minimum standards established by the Commission to provide assessment, monitoring, education, and related services during the interim period.

D. Upon the decertification of a local ASAP, all unexpended revenues, reserve balances, accounts receivable, and other funds or assets held by, or for the benefit of, the decertified program shall immediately revert to the Commission. Such funds and assets shall be deposited with the State Treasurer for use solely in the administration of interim services and the reestablishment, certification, or reformation of a new local ASAP to serve the affected area.

E. The Commission shall, during the interim period, facilitate the reestablishment or certification of a new local ASAP for the affected area.

F. Upon certification of the new program, or at the expiration of 12 months, whichever occurs first, the temporary administration authority under this section shall cease unless extended by the Commission for good cause. Such extension shall not exceed six months.

G. The Commission shall report all actions it takes pursuant to this section, including reasons for decertification of a local ASAP, disposition of funds or assets received, and the status of interim service delivery, in its annual report to the Governor and the General Assembly as required pursuant to § 18.2-273.4.

2026, cc. 686 , 687 .
Va. Code Ann. § 18.2-265.20 — Virginia Code / Title 18.2 / Chapter 7 / Article 1.3 / Section 18.2-265.20
Sale or distribution of dextromethorphan to minors; purchase by minors; civil penalty
Status: in_force

A. It is unlawful for any pharmacy or retail distributor knowingly or intentionally to sell or distribute any product containing dextromethorphan to a minor.

B. A pharmacy or retail distributor, or its employee or agent, shall not sell or distribute a product containing dextromethorphan unless the purchaser presents a federal, state, or local government-issued document that contains a photograph and the birth date of the purchaser that shows that the purchaser is at least 18 years of age or unless from the purchaser's outward appearance the pharmacy or retail distributor would reasonably presume the purchaser to be 25 years of age or older.

C. It is unlawful for any minor knowingly or intentionally to purchase any product containing dextromethorphan.

D. Any pharmacy or retail distributor, or its employee or agent, that violates subsection A or any minor who violates subsection C is subject to a civil penalty of $25. Any pharmacy or retail distributor, or its employee or agent, that violates subsection B shall receive a notice of noncompliance and, upon any subsequent violation of subsection B, shall be subject to a civil penalty of $25. Such penalty shall be collected by the attorney for the Commonwealth for the locality where the violation occurred, and the proceeds shall be deposited into the Literary Fund.

E. The provisions of this section shall not apply if the product 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.).

2014, cc. 101 , 362 .
Va. Code Ann. § 18.2-42.1 — Virginia Code / Title 18.2 / Chapter 4 / Article 2 / Section 18.2-42.1
Acts of violence by mob
Status: in_force

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.

1999, c. 623 .
Va. Code Ann. § 18.2-371.4 — Virginia Code / Title 18.2 / Chapter 8 / Article 4 / Section 18.2-371.4
Prohibiting the sale of novelty lighters to juveniles
Status: in_force

A. "Novelty lighter" means a mechanical or electrical device containing a combustible fuel typically used for lighting cigarettes, cigars, or pipes that is (i) designed to resemble a cartoon character, toy, gun, watch, musical instrument, vehicle, animal, food, or beverage, or (ii) a fanciful article that plays musical notes, has flashing lights, or has other entertaining features that are appealing to or intended for use by juveniles. A novelty lighter may operate on any fuel, including butane, isobutene, or liquid fuel.

B. "Novelty lighter" does not include (i) a lighter without fuel and that is incapable of being fueled, (ii) a lighter lacking a device necessary to produce combustion or a flame, (iii) a mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills, (iv) a lighter manufactured prior to 1980, or (v) a standard disposable lighter that is printed or decorated with logos, labels, decals, or artwork, or heat shrinkable sleeves.

C. Novelty lighters that are available for purchase at a retail establishment shall be located in a place that is not open to the general public.

D. Any individual who sells a novelty lighter to a person he knows or has reason to know is a juvenile is subject to a civil penalty of no more than $100.

E. This section may be enforced by the State Fire Marshal's Office, local fire marshals appointed pursuant to § 27-34.2 or 27-34.2:1 , or law-enforcement officers.

2009, c. 668 .
Va. Code Ann. § 18.2-502.1 — Virginia Code / Title 18.2 / Chapter 12 / Article 3 / Section 18.2-502.1
Weight loss centers or clinics; disclosure
Status: in_force

No weight loss center or clinic shall, in its name or advertisements, use the words "physicians" or "doctors" or refer to its clients as "patients" or indicate that "medical teams" are available in its facility unless (i) the facility employs at least one registered nurse full-time and employs or contracts with at least one physician licensed by the Board of Medicine for services or consultation in connection with the facility's activities; or (ii) the facility is under the full-time supervision of a physician; or (iii) the clinic or program is operated by or in conjunction with a licensed hospital. Any physician affiliated with a weight loss center or clinic for purposes of consultation or supervision shall have primary responsibility for decisions made within the scope of that affiliation relating to the provision of medical services or care to persons using the services of that facility and shall have primary responsibility for medical decisions relating to the evaluation of the appropriateness of the admission of persons to the weight loss program. Any person who violates the provisions of this section shall be guilty of a Class 1 misdemeanor.

1988, c. 765.