Va. Code Ann. § 18.2-186.3 — Virginia Code / Title 18.2 / Chapter 6 / Article 5 / Section 18.2-186.3
Identity theft; penalty; restitution; victim assistance
Status: in_force

A. It shall be unlawful for any person, without the authorization or permission of the person or persons who are the subjects of the identifying information, with the intent to defraud, for his own use or the use of a third person, to:

1. Obtain, record, or access identifying information which is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;

2. Obtain money, credit, loans, goods, or services through the use of identifying information of such other person;

3. Obtain identification documents in such other person's name; or

4. Obtain, record, or access identifying information while impersonating a law-enforcement officer or an official of the government of the Commonwealth.

B. It shall be unlawful for any person without the authorization or permission of the person who is the subject of the identifying information, with the intent to sell or distribute the information to another to:

1. Fraudulently obtain, record, or access identifying information that is not available to the general public that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of such other person;

2. Obtain money, credit, loans, goods, or services through the use of identifying information of such other person;

3. Obtain identification documents in such other person's name; or

4. Obtain, record, or access identifying information while impersonating a law-enforcement officer or an official of the Commonwealth.

B1. It shall be unlawful for any person to use identification documents or identifying information of another person, whether that person is dead or alive, or of a false or fictitious person, to avoid summons, arrest, prosecution, or to impede a criminal investigation.

C. As used in this section, "identifying information" shall include but not be limited to: (i) name; (ii) date of birth; (iii) social security number; (iv) driver's license number; (v) bank account numbers; (vi) credit or debit card numbers; (vii) personal identification numbers (PIN); (viii) electronic identification codes; (ix) automated or electronic signatures; (x) biometric data; (xi) fingerprints; (xii) passwords; or (xiii) any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain money, credit, loans, goods, or services.

D. Violations of this section shall be punishable as a Class 1 misdemeanor. Any violation resulting in financial loss of $1,000 or more shall be punishable as a Class 6 felony. Any second or subsequent conviction shall be punishable as a Class 6 felony. Any violation of subsection B where five or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony. Any violation of subsection B where 50 or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 4 felony. Any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation shall be punishable as a Class 5 felony. In any proceeding brought pursuant to this section, the crime shall be considered to have been committed in any locality where the person whose identifying information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in such locality.

E. Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person. Such restitution may include the person's or his estate's actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information.

F. Upon the request of a person whose identifying information was appropriated, the Attorney General may provide assistance to the victim in obtaining information necessary to correct inaccuracies or errors in his credit report or other identifying information; however, no legal representation shall be afforded such person.

2000, c. 349 ; 2001, c. 423 ; 2003, cc. 847 , 914 , 918 ; 2004, c. 450 ; 2006, cc. 455 , 496 ; 2007, c. 441 ; 2009, cc. 314 , 380 ; 2013, cc. 420 , 466 ; 2018, cc. 764 , 765 ; 2020, cc. 89 , 401 .
Va. Code Ann. § 18.2-57.1 — Virginia Code / Title 18.2 / Chapter 4 / Article 4 / Section 18.2-57.1
Repealed
Status: repealed

Repealed by Acts 1997, c. 833 .
Va. Code Ann. § 18.2-207 — Virginia Code / Title 18.2 / Chapter 6 / Article 7 / Section 18.2-207
Making false entry, etc., in marriage register, etc
Status: in_force

If any clerk of a court, commissioner of the revenue, physician, surgeon, medical examiner or minister celebrating a marriage, or clerk or keeper of the records of any religious society, shall, in any book, register, record, certificate or copy which such person is by Title 20 (§ 20-13 et seq.) required to keep, make, or give, knowingly make any false, erroneous, or fraudulent entry, record, registration, or written statement, he shall, for every such offense, be guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-98; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-268.6 — Virginia Code / Title 18.2 / Chapter 7 / Article 2 / Section 18.2-268.6
Transmission of blood samples
Status: in_force

The blood sample withdrawn pursuant to § 18.2-268.5 shall be placed in vials provided or approved by the Department of Forensic Science. The vials shall be sealed by the person taking the sample or at his direction. The person who seals the vials shall complete the prenumbered certificate of blood withdrawal forms and attach one form to each vial. The completed withdrawal certificate for each vial shall show the name of the accused, the name of the person taking the blood sample, the date and time the blood sample was taken and information identifying the arresting or accompanying officer. The vials shall be placed in a container provided by the Department, and the container shall be sealed to prevent tampering with the vials. The arresting or accompanying officer shall take possession of the container as soon as the vials are placed in the container and sealed, and shall promptly transport or mail the container to the Department.

1992, c. 830; 2001, c. 561 ; 2003, cc. 933 , 936 ; 2005, cc. 868 , 881 .
Va. Code Ann. § 18.2-52.2 — Virginia Code / Title 18.2 / Chapter 4 / Article 4 / Section 18.2-52.2
Animal attack resulting from owner's disregard for human life; penalty
Status: in_force

A. Any owner of an animal is guilty of a Class 6 felony if his willful act or omission in the care, control, or containment of such animal is so gross, wanton, and culpable as to show a reckless disregard for human life and is the proximate cause of such animal attacking and causing serious bodily injury to any person.

B. The provisions of subsection A shall not apply to any animal that at the time of the act complained of was responding to pain or injury, was protecting itself, its kennel, its offspring, a person, or its owner's property, or was a police dog engaged in the performance of its duties at the time of the attack.

C. The court may determine that a person convicted under this section shall be prohibited from owning, possessing, or residing on the same property with an animal of the type that led to such conviction.

2021, Sp. Sess. I, c. 464 .
Va. Code Ann. § 18.2-166 — Virginia Code / Title 18.2 / Chapter 5 / Article 8 / Section 18.2-166
Disclosing or inducing disclosure of certain information concerning customers of telephone companies
Status: in_force

Any person:

(1) Who is an employee of a telephone company, or an employee of a company which prints or otherwise handles lists of telephone customers for a telephone company and who discloses to another the names, addresses, or telephone numbers of any two or more customers of telephone service, knowing that such disclosure is without the consent of the telephone company furnishing said service; or

(2) Who knowingly induces such an employee to make such disclosure by giving, offering, or promising to such employee any gift, gratuity, or thing of value, or by doing or promising to do any act beneficial to such employee; or

(3) Who takes, copies, or compiles any list containing the aforesaid information knowing that such conduct is without the consent of the telephone company furnishing said service; or

(4) Who attempts, aids or abets another, or conspires with another, to commit any of the aforesaid acts,

shall be guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-417.1; 1968, c. 332; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-45 — Virginia Code / Title 18.2 / Chapter 4 / Article 2 / Section 18.2-45
Persons suffering death from mob attempting to lynch another person
Status: in_force

Every person suffering death from a mob attempting to lynch another person shall come within the provisions of this article, and his personal representative shall be entitled to relief in the same manner and to the same extent as if he were the originally intended victim of such mob.

Code 1950, § 18.1-34; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-498.3 — Virginia Code / Title 18.2 / Chapter 12 / Article 1.1 / Section 18.2-498.3
Misrepresentations prohibited
Status: in_force

Any person, in any commercial dealing in any matter within the jurisdiction of any department or agency of the Commonwealth of Virginia, or any local government within the Commonwealth or any department or agency thereof, who knowingly falsifies, conceals, misleads, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be guilty of a Class 6 felony.

1980, c. 472.
Va. Code Ann. § 18.2-249 — Virginia Code / Title 18.2 / Chapter 7 / Article 1 / Section 18.2-249
Repealed
Status: repealed

Repealed by Acts 2004, c. 995 .
Va. Code Ann. § 18.2-5 — Virginia Code / Title 18.2 / Chapter 1 / Article 2 / Section 18.2-5
Repealed
Status: repealed

Repealed by Acts 2005, c. 839 , cl. 10, effective October 1, 2005.
Va. Code Ann. § 18.2-251.4 — Virginia Code / Title 18.2 / Chapter 7 / Article 1 / Section 18.2-251.4
Defeating drug and alcohol screening tests; penalty
Status: in_force

A. It is unlawful for a person to:

1. Sell, give away, distribute, transport or market human urine in the Commonwealth with the intent of using the urine to defeat a drug or alcohol screening test;

2. Attempt to defeat a drug or alcohol screening test by the substitution of a sample;

3. Adulterate a urine or other bodily fluid sample with the intent to defraud a drug or alcohol screening test.

B. A violation of this section is a Class 1 misdemeanor.

2001, c. 379 .
Va. Code Ann. § 18.2-282 — Virginia Code / Title 18.2 / Chapter 7 / Article 4 / Section 18.2-282
Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty
Status: in_force

A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be 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 shall be guilty of a Class 6 felony.

B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.

Code 1950, § 18.1-69.2; 1968, c. 513; 1975, cc. 14, 15; 1990, cc. 588, 599; 1992, c. 735; 2003, c. 976 ; 2005, c. 928 .
Va. Code Ann. § 18.2-278.1 — Virginia Code / Title 18.2 / Chapter 7 / Article 3.1 / Section 18.2-278.1
Repealed
Status: repealed

Repealed by Acts 1986, c. 492.
Va. Code Ann. § 18.2-273.3 — Virginia Code / Title 18.2 / Chapter 7 / Article 2.1 / Section 18.2-273.3
Additional powers and duties of the Commission
Status: in_force

In addition to the powers and duties of the Commission pursuant to § 18.2-273.2, the Commission shall:

1. Approve the VASAP Certification Manual, which prescribes statewide standards, criteria, and procedures for certification, auditing, fiscal management, and overall performance of local ASAPs;

2. Prescribe a reasonable portion, not to exceed 10 percent, of the fee described in subsection B of § 18.2-271.1 to be forwarded monthly for deposit with the State Treasurer for expenditure by the Commission;

3. Prescribe a uniform schedule of offender fees for services provided pursuant to § 18.2-271.1 ;

4. Establish procedures for the collection, accounting, and use of fees for services provided pursuant to § 18.2-271.1 ;

5. Prescribe minimum standards for local independent policy boards, including board composition, meeting frequency, duties and procedures, and intervention by the Commission or reconstitution of a board pursuant to subsection B of § 18.2-273.5. Such procedures shall provide that (i) the composition of the board shall include at least (a) one attorney for the Commonwealth, (b) one criminal defense attorney who has specialized knowledge in representing persons charged with driving while intoxicated offenses, (c) one member of law-enforcement, and (d) one member of a local community services board and (ii) the board may appoint a local sitting or retired judge of a general district court of the Commonwealth who regularly oversees or oversaw cases involving driving while intoxicated offenses and who is familiar with the local ASAP;

6. Establish minimum standards and procedures for the designation of a fiscal agent locality, required pursuant to § 18.2-273.6, including requirements for written agreements, fiscal accountability, recordkeeping, auditing, and reporting to the Commission;

7. Establish standards and procedures pursuant to § 18.2-273.4 for requiring (i) the issuance, renewal, suspension, or revocation of certification; (ii) examination requirements; (iii) performance evaluation standards; and (iv) an appeal process;

8. Suspend, revoke, or decline to renew the certification of a local ASAP. If such action is taken by the Commission, it shall take any further action necessary to ensure continued availability of mandated alcohol safety action services within the affected judicial district;

9. Develop and administer a certification process for local ASAP employees. Such process shall include (i) successful completion of a background investigation, (ii) review of a driving history record, and (iii) passing a written certification examination approved by the Commission with a minimum score of 80 percent; and

10. Establish certification requirements and performance metrics for the director of a local ASAP, which shall include, at a minimum, competency and satisfactory performance in (i) management and supervision of local ASAP staff; (ii) fiscal and budgetary management; (iii) compliance with Commission standards and regulations; (iv) integrity and accountability in program operations; and (v) cooperation with courts, law enforcement, and community partners.

2026, cc. 686 , 687 .
Va. Code Ann. § 18.2-159 — Virginia Code / Title 18.2 / Chapter 5 / Article 8 / Section 18.2-159
Trespassing on railroad track
Status: in_force

Any person who goes upon the track of a railroad other than to pass over such road at a public or private crossing, or who willfully rides, drives or leads any animal or contrives for any animal to go on such track except to cross as aforesaid, without the consent of the railroad company or person operating such road, shall be guilty of a Class 4 misdemeanor. A second violation of the provisions of this section occurring within two years of the first violation shall be punishable as a Class 3 misdemeanor. A third or subsequent violation of the provisions of this section occurring within two years of a second or a subsequent violation shall be punishable as a Class 1 misdemeanor. This section shall not apply to any section of track which has been legally abandoned pursuant to an order of a federal or state agency having jurisdiction over the track and is not being used for railroad service.

For purposes of this section, track shall mean the rail, ties, and ballast of the railroad.

Code 1950, § 18.1-148; 1960, c. 358; 1975, cc. 14, 15; 1993, c. 845.
Va. Code Ann. § 18.2-67.5:1 — Virginia Code / Title 18.2 / Chapter 4 / Article 7 / Section 18.2-67.5:1
Punishment upon conviction of third misdemeanor offense
Status: in_force

When a person is convicted of sexual battery in violation of § 18.2-67.4 , attempted sexual battery in violation of subsection C of § 18.2-67.5 , a violation of § 18.2-371 involving consensual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus with a child, indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387 , or a violation of § 18.2-130 , and it is alleged in the warrant, information, or indictment on which the person is convicted and found by the court or jury trying the case that the person has previously been convicted within the 10-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, he is guilty of a Class 6 felony.

1994, c. 468 ; 2006, c. 875 ; 2014, c. 794 .
Va. Code Ann. § 18.2-251.3 — Virginia Code / Title 18.2 / Chapter 7 / Article 1 / Section 18.2-251.3
Possession and distribution of gamma-butyrolactone; 1, 4-butanediol; enhanced penalty
Status: in_force

Any person who knowingly manufactures, sells, gives, distributes or possesses with the intent to distribute the substances gamma-butyrolactone; or 1, 4-butanediol, when intended for human consumption shall be guilty of a Class 3 felony.

2000, c. 348 .
Va. Code Ann. § 18.2-152.8 — Virginia Code / Title 18.2 / Chapter 5 / Article 7.1 / Section 18.2-152.8
Property capable of embezzlement
Status: in_force

For purposes of §§ 18.2-95 , 18.2-96 , 18.2-108 , and 18.2-111 , personal property subject to embezzlement, larceny, or receiving stolen goods shall include:

1. Computers and computer networks;

2. Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:

a. Tangible or intangible;

b. In a format readable by humans or by a computer;

c. In transit between computers or within a computer network or between any devices which comprise a computer; or

d. Located on any paper or in any device on which it is stored by a computer or by a human; and

3. Computer services.

1984, c. 751; 2005, cc. 746 , 761 , 827 .
Va. Code Ann. § 18.2-81 — Virginia Code / Title 18.2 / Chapter 5 / Article 1 / Section 18.2-81
Burning or destroying personal property, standing grain, etc
Status: in_force

If any person maliciously, or with intent to defraud an insurance company or other person, set fire to or burn or destroy by any explosive device or substance, or cause to be burned, or destroyed by any explosive device or substance, or aid, counsel, or procure the burning or destroying by any explosive device or substance, of any personal property, standing grain or other crop, he shall, if the thing burnt or destroyed be of the value of $1,000 or more, be guilty of a Class 4 felony; and if the thing burnt or destroyed be of less value, he shall be guilty of a Class 1 misdemeanor.

Code 1950, §§ 18.1-79, 18.1-85; 1960, c. 358; 1972, c. 53; 1975, cc. 14, 15; 1981, c. 197; 2018, cc. 764 , 765 ; 2020, cc. 89 , 401 .
Va. Code Ann. § 18.2-67.4:2 — Virginia Code / Title 18.2 / Chapter 4 / Article 7 / Section 18.2-67.4:2
Sexual abuse of a child under 15 years of age; penalty
Status: in_force

Any adult who, with lascivious intent, commits an act of sexual abuse, as defined in § 18.2-67.10 , with any child 13 years of age or older but under 15 years of age is guilty of a Class 1 misdemeanor.

2007, c. 463 .
Va. Code Ann. § 18.2-67.1 — Virginia Code / Title 18.2 / Chapter 4 / Article 7 / Section 18.2-67.1
Forcible sodomy
Status: in_force

A. An accused shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anilingus, or anal intercourse with a complaining witness whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person, and

1. The complaining witness is less than 13 years of age; or

2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness.

B. Forcible sodomy is a felony punishable by confinement in a state correctional facility for life or for any term not less than five years; and in addition:

1. For a violation of subdivision A 1, where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or § 18.2-48 , (ii) § 18.2-89 , 18.2-90 , or 18.2-91 , or (iii) § 18.2-51.2 , the punishment shall include a mandatory minimum term of confinement of 25 years; or

2. For a violation of subdivision A 1 where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life.

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; 1986, c. 516; 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. § 18.2-340.1 — Virginia Code / Title 18.2 / Chapter 8 / Article 1.1 / Section 18.2-340.1
Repealed
Status: repealed

Repealed by Acts 1995, c. 837 , effective July 1, 1996.
Va. Code Ann. § 18.2-160 — Virginia Code / Title 18.2 / Chapter 5 / Article 8 / Section 18.2-160
Trespassing on railroad trains
Status: in_force

If any person, not being a passenger or employee, shall be found trespassing upon any railroad car or train of any railroad in this Commonwealth, by riding on any car, or any part thereof, on its arrival, stay or departure at or from any station or depot of such railroad, or on the passage of any such car or train over any part of any such railroad, such person shall be guilty of a Class 4 misdemeanor.

Code 1950, § 18.1-150; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-116 — Virginia Code / Title 18.2 / Chapter 5 / Article 4 / Section 18.2-116
Failure to pay for or return goods delivered for selection or approval
Status: in_force

If any person shall solicit and obtain from any merchant any goods, wares or merchandise for examination or approval, and shall thereafter, upon written demand, refuse or fail to return the same to such merchant in unused condition, or to pay for the same, such person so offending shall be deemed guilty of the larceny thereof. But the provisions of this section shall not apply unless such written demand be made within five days after delivery, and unless the goods, wares or merchandise shall have attached to them or to the package in which they are contained a label, card or tag containing the words, "Delivered for selection or approval."

Code 1950, § 18.1-117; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-50 — Virginia Code / Title 18.2 / Chapter 4 / Article 3 / Section 18.2-50
Disclosure of information and assistance to law-enforcement officers required
Status: in_force

Whenever it is brought to the attention of the members of the immediate family of any person that such person has been abducted, or that threats or attempts have been made to abduct any such person, such members shall make immediate report thereof to the police or other law-enforcement officers of the county, city or town where such person resides, and shall render all such possible assistance to such officers in the capture and conviction of the person or persons guilty of the alleged offense. Any person violating any of the provisions of this section shall be guilty of a Class 2 misdemeanor.

Code 1950, § 18.1-40; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-313.2 — Virginia Code / Title 18.2 / Chapter 7 / Article 8 / Section 18.2-313.2
Introduction of snakehead fish or zebra mussel; penalty
Status: in_force

Any person who knowingly introduces into state waters any snakehead fish of the family Channidae, or knowingly places or causes to be placed into state waters any zebra mussel (Dreissena polymorpha) or the larvae thereof, without a permit from the Director of Wildlife Resources issued pursuant to § 29.1-575 is guilty of a Class 1 misdemeanor.

2005, c. 916 ; 2017, c. 361 .
Va. Code Ann. § 18.2-325 — Virginia Code / Title 18.2 / Chapter 8 / Article 1 / Section 18.2-325
Definitions
Status: in_force

1. "Illegal gambling" means the making, placing, or receipt of any bet or wager in the Commonwealth of money or other consideration or thing of value, made in exchange for a chance to win a prize, stake, or other consideration or thing of value, dependent upon the result of any game, contest, or any other event the outcome of which is uncertain or a matter of chance, whether such game, contest, or event occurs or is to occur inside or outside the limits of the Commonwealth.

For the purposes of this subdivision and notwithstanding any provision in this section to the contrary, the making, placing, or receipt of any bet or wager of money or other consideration or thing of value shall include the purchase of a product, Internet access, or other thing made in exchange for a chance to win a prize, stake, or other consideration or thing of value by means of the operation of a gambling device as described in subdivision 3 b, regardless of whether the chance to win such prize, stake, or other consideration or thing of value may be offered in the absence of a purchase.

"Illegal gambling" also means the playing or offering for play of any skill game.

2. "Interstate gambling" means the conduct of an enterprise for profit that engages in the purchase or sale within the Commonwealth of any interest in a lottery of another state or country whether or not such interest is an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of such interest.

3. "Gambling device" includes:

a. Any device, machine, paraphernalia, equipment, or other thing, including books, records, and other papers, which are actually used in an illegal gambling operation or activity;

b. Any machine, apparatus, implement, instrument, contrivance, board, or other thing, or electronic or video versions thereof, including but not limited to those dependent upon the insertion of a coin or other object for their operation, which operates, either completely automatically or with the aid of some physical act by the player or operator, in such a manner that, depending upon elements of chance, it may eject something of value or determine the prize or other thing of value to which the player is entitled, provided, however, that the return to the user of nothing more than additional chances or the right to use such machine is not deemed something of value within the meaning of this subsection; and provided further, that machines that only sell, or entitle the user to, items of merchandise of equivalent value that may differ from each other in composition, size, shape, or color, shall not be deemed gambling devices within the meaning of this subsection; and

c. Skill games.

Such devices are no less gambling devices if they indicate beforehand the definite result of one or more operations but not all the operations. Nor are they any less a gambling device because, apart from their use or adaptability as such, they may also sell or deliver something of value on a basis other than chance.

4. "Operator" includes any person, firm, or association of persons, who conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling enterprise, activity, or operation.

5. "Skill" means the knowledge, dexterity, or any other ability or expertise of a natural person.

6. "Skill game" means an electronic, computerized, or mechanical contrivance, terminal, machine, or other device that requires the insertion of a coin, currency, ticket, token, or similar object to operate, activate, or play a game, the outcome of which is determined by any element of skill of the player and that may deliver or entitle the person playing or operating the device to receive cash or cash equivalents, gift cards, vouchers, billets, tickets, tokens, or electronic credits to be exchanged for cash or cash equivalents whether the payoff is made automatically from the device or manually. "Skill game" includes (i) a device that contains a meter or measurement device that records the number of free games or portions of games that are rewarded and (ii) a device designed or adapted to enable a person using the device to increase the chances of winning free games or portions of games by paying more than the amount that is ordinarily required to play the game. "Skill game" does not include any amusement device, as defined in § 18.2-334.6 .

7. "Unregulated location" means any location that is not regulated or operated by the Virginia Lottery or Virginia Lottery Board, the Department of Agriculture and Consumer Services, the Virginia Alcoholic Beverage Control Authority, or the Virginia Racing Commission.

1975, cc. 14, 15; 1992, c. 423; 2010, c. 877 ; 2011, cc. 879 , 887 ; 2019, c. 761 ; 2020, cc. 1217 , 1277 ; 2021, Sp. Sess. I, cc. 329 , 546 ; 2022, cc. 554 , 609 ; 2022, Sp. Sess. I, c. 2 ; 2023, Sp. Sess. I, c. 1 .
Va. Code Ann. § 18.2-152.7:2 — Virginia Code / Title 18.2 / Chapter 5 / Article 7.1 / Section 18.2-152.7:2
Using computer to commit a scheme involving false representations; penalty
Status: in_force

Any person who, without the intent to receive any direct or indirect benefit, maliciously sends an electronically transmitted communication containing a false representation intended to cause another person to spend money, and such false representation causes such person to spend money, is guilty of a Class 1 misdemeanor.

2020, c. 1178 .
Va. Code Ann. § 18.2-254.1 — Virginia Code / Title 18.2 / Chapter 7 / Article 1 / Section 18.2-254.1
Recovery Court Act
Status: in_force

A. This section shall be known and may be cited as the "Recovery Court Act."

B. The General Assembly recognizes that there is a critical need in the Commonwealth for effective treatment programs that reduce the incidence of drug use, drug addiction, family separation due to parental substance abuse, and drug-related crimes. It is the intent of the General Assembly by this section to enhance public safety by facilitating the creation of recovery courts as means by which to accomplish this purpose.

C. The goals of recovery courts include: (i) reducing drug addiction and drug dependency among offenders; (ii) reducing recidivism; (iii) reducing drug-related court workloads; (iv) increasing personal, familial and societal accountability among offenders; and (v) promoting effective planning and use of resources among the criminal justice system and community agencies.

D. Recovery courts are specialized court dockets within the existing structure of Virginia's court system offering judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases. Local officials must complete a recognized planning process before establishing a recovery court program.

E. Administrative oversight for implementation of the Recovery Court Act shall be conducted by the Supreme Court of Virginia. The Supreme Court of Virginia shall be responsible for (i) providing oversight for the distribution of funds for recovery courts; (ii) providing technical assistance to recovery courts; (iii) providing training for judges who preside over recovery courts; (iv) providing training to the providers of administrative, case management, and treatment services to recovery courts; and (v) monitoring the completion of evaluations of the effectiveness and efficiency of recovery courts in the Commonwealth.

F. The state Recovery Court Advisory Committee shall be established to (i) evaluate and recommend standards for the planning and implementation of recovery courts; (ii) assist in the evaluation of their effectiveness and efficiency; and (iii) encourage and enhance cooperation among agencies that participate in their planning and implementation. The committee shall be chaired by the Chief Justice of the Supreme Court of Virginia or his designee and shall include a member of the Judicial Conference of Virginia who presides over a recovery court; a district court judge; the Executive Secretary or his designee; the directors of the following executive branch agencies: Department of Corrections, Department of Criminal Justice Services, Department of Juvenile Justice, Department of Behavioral Health and Developmental Services, Department of Social Services; a representative of the following entities: a local community-based probation and pretrial services agency, the Commonwealth's Attorney's Association, the Virginia Indigent Defense Commission, the Circuit Court Clerk's Association, the Virginia Sheriff's Association, the Virginia Association of Chiefs of Police, the Commission on VASAP, and two representatives designated by the Virginia Drug Court Association.

G. Each jurisdiction or combination of jurisdictions that intend to establish a recovery court or continue the operation of an existing one shall establish a local recovery court advisory committee. Jurisdictions that establish separate adult and juvenile recovery courts may establish an advisory committee for each such court. Each advisory committee shall ensure quality, efficiency, and fairness in the planning, implementation, and operation of the recovery court or courts that serve the jurisdiction or combination of jurisdictions. Advisory committee membership shall include, but shall not be limited to the following people or their designees: (i) the recovery court judge; (ii) the attorney for the Commonwealth, or, where applicable, the city or county attorney who has responsibility for the prosecution of misdemeanor offenses; (iii) the public defender or a member of the local criminal defense bar in jurisdictions in which there is no public defender; (iv) the clerk of the court in which the recovery court is located; (v) a representative of the Virginia Department of Corrections, or the Department of Juvenile Justice, or both, from the local office which serves the jurisdiction or combination of jurisdictions; (vi) a representative of a local community-based probation and pretrial services agency; (vii) a local law-enforcement officer; (viii) a representative of the Department of Behavioral Health and Developmental Services or a representative of local drug treatment providers; (ix) the recovery court administrator; (x) a representative of the Department of Social Services; (xi) county administrator or city manager; and (xii) any other people selected by the recovery court advisory committee.

H. Each local recovery court advisory committee shall establish criteria for the eligibility and participation of offenders who have been determined to be addicted to or dependent upon drugs. Subject to the provisions of this section, neither the establishment of a recovery court nor anything herein shall be construed as limiting the discretion of the attorney for the Commonwealth to prosecute any criminal case arising therein which he deems advisable to prosecute, except to the extent the participating attorney for the Commonwealth agrees to do so. An adult offender shall not be eligible for participation in any recovery court established or continued in operation pursuant to this section if any of the following conditions apply:

1. The offender is presently charged with a felony offense or is convicted of a felony offense while participating in any recovery court where:

a. The offender carried, possessed, or used a firearm or any dangerous weapon specified in § 18.2-308 during such offense;

b. The death or serious bodily injury of any person occurred during such offense; or

c. The use of force against any other person besides the offender occurred during such offense; or

2. The offender was previously convicted as an adult of any felony offense that involved the use of force or attempted use of force against any person with the intent to cause death or serious bodily injury.

I. Each recovery court advisory committee shall establish policies and procedures for the operation of the court to attain the following goals: (i) effective integration of drug and alcohol treatment services with criminal justice system case processing; (ii) enhanced public safety through intensive offender supervision and drug treatment; (iii) prompt identification and placement of eligible participants; (iv) efficient access to a continuum of alcohol, drug, and related treatment and rehabilitation services; (v) verified participant abstinence through frequent alcohol and other drug testing; (vi) prompt response to participants' noncompliance with program requirements through a coordinated strategy; (vii) ongoing judicial interaction with each recovery court participant; (viii) ongoing monitoring and evaluation of program effectiveness and efficiency; (ix) ongoing interdisciplinary education and training in support of program effectiveness and efficiency; and (x) ongoing collaboration among recovery courts, public agencies, and community-based organizations to enhance program effectiveness and efficiency.

J. Participation by an offender in a recovery court shall be voluntary and made pursuant only to a written agreement entered into by and between the offender and the Commonwealth with the concurrence of the court.

K. Nothing in this section shall preclude the establishment of substance abuse treatment programs and services pursuant to the deferred judgment provisions of § 18.2-251 .

L. Each offender shall contribute to the cost of the substance abuse treatment he receives while participating in a recovery court pursuant to guidelines developed by the recovery court advisory committee.

M. Nothing contained in this section shall confer a right or an expectation of a right to treatment for an offender or be construed as requiring a local recovery court advisory committee to accept for participation every offender.

N. The Office of the Executive Secretary shall, with the assistance of the state Recovery Court Advisory Committee, develop a statewide evaluation model and conduct ongoing evaluations of the effectiveness and efficiency of all local recovery courts. A report of these evaluations shall be submitted to the General Assembly by December 1 of each year. Each local recovery court advisory committee shall submit evaluative reports to the Office of the Executive Secretary as requested.

O. Notwithstanding any other provision of this section, no recovery court shall be established subsequent to March 1, 2004, unless the jurisdiction or jurisdictions intending or proposing to establish such court have been specifically granted permission under the Code of Virginia to establish such court. The provisions of this subsection shall not apply to any recovery court established on or before March 1, 2004, and operational as of July 1, 2004.

P. Subject to the requirements and conditions established by the state Recovery Court Advisory Committee, there shall be established a recovery court in the following jurisdictions: the City of Chesapeake and the City of Newport News.

Q. Subject to the requirements and conditions established by the state Recovery Court Advisory Committee, there shall be established a recovery court in the Juvenile and Domestic Relations District Court for the County of Franklin, provided that such court is funded solely through local sources.

R. Subject to the requirements and conditions established by the state Recovery Court Advisory Committee, there shall be established a recovery court in the City of Bristol and the County of Tazewell, provided that the court is funded within existing state and local appropriations.

2004, c. 1004 ; 2005, cc. 519 , 602 ; 2006, cc. 175 , 341 ; 2007, c. 133 ; 2009, cc. 205 , 281 , 294 , 813 , 840 ; 2010, c. 258 ; 2024, cc. 25 , 130 , 260 .
Va. Code Ann. § 18.2-309 — Virginia Code / Title 18.2 / Chapter 7 / Article 7 / Section 18.2-309
Furnishing certain weapons to minors; penalty
Status: in_force

A. If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a dirk, switchblade knife or bowie knife, having good cause to believe him to be a minor, such person shall be guilty of a Class 1 misdemeanor.

B. If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a handgun, having good cause to believe him to be a minor, such person shall be guilty of a Class 6 felony. This subsection shall not apply to any transfer made between family members or for the purpose of engaging in a sporting event or activity.

Code 1950, § 18.1-344; 1960, c. 358; 1975, cc. 14, 15; 1992, c. 487; 1993, c. 855.
Va. Code Ann. § 18.2-196 — Virginia Code / Title 18.2 / Chapter 6 / Article 6 / Section 18.2-196
Criminal possession of credit card forgery devices
Status: in_force

(1) A person is guilty of criminal possession of credit card forgery devices when:

(a) He is a person other than the cardholder and possesses two or more incomplete credit cards, with intent to complete them without the consent of the issuer; or

(b) He possesses, with knowledge of its character, machinery, plates or any other contrivance designed to reproduce instruments purporting to be credit cards of an issuer who has not consented to the preparation of such credit cards.

(2) A credit card is incomplete if part of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder, has not yet been stamped, embossed, imprinted or written upon.

Conviction of criminal possession of credit card forgery devices is punishable as a Class 6 felony.

Code 1950, § 18.1-125.7; 1968, c. 480; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-98 — Virginia Code / Title 18.2 / Chapter 5 / Article 3 / Section 18.2-98
Larceny of bank notes, checks, etc., or any book of accounts
Status: in_force

If any person steal any bank note, check, or other writing or paper of value, whether the same represents money and passes as currency, or otherwise, or any book of accounts, for or concerning money or goods due or to be delivered, he shall be deemed guilty of larceny thereof, and may be charged for such larceny under § 18.2-95 or 18.2-96 , and if convicted shall receive the same punishment, according to the value of the thing stolen, prescribed for the punishment of the larceny of goods and chattels. The provisions of this section shall be construed to embrace all bank notes and papers of value representing money and passing as currency, whether the same be the issue of this Commonwealth or any other state, or of the United States, or of any corporation, and shall include all other papers of value, of whatever description. In a prosecution under this section, the money due on or secured by the writing, paper or book, and remaining unsatisfied, or which in any event might be collected thereon, or the value of the property or money affected thereby, shall be deemed to be the value of the article stolen.

Code 1950, §§ 18.1-104, 18.1-105; 1960, c. 358; 1975, cc. 14, 15; 2009, c. 591 .
Va. Code Ann. § 18.2-451 — Virginia Code / Title 18.2 / Chapter 10 / Article 4 / Section 18.2-451
Definitions; application and construction of article
Status: in_force

(a) "Barratry" is the offense of stirring up litigation.

(b) A "barrator" is an individual, partnership, association or corporation who or which stirs up litigation.

(c) "Stirring up litigation" means instigating or attempting to instigate a person or persons to institute a suit at law or equity.

(d) "Instigating" means bringing it about that all or part of the expenses of the litigation are paid by the barrator or by a person or persons (other than the plaintiffs) acting in concert with the barrator, unless the instigation is justified.

(e) "Justified" means that the instigator is related by blood or marriage to the plaintiff whom he instigates, or that the instigator is entitled by law to share with the plaintiff in money or property that is the subject of the litigation or that the instigator has a direct interest in the subject matter of the litigation or occupies a position of trust in relation to the plaintiff; or that the instigator is acting on behalf of a duly constituted legal aid society approved by the Virginia State Bar which offers advice or assistance in all kinds of legal matters to all members of the public who come to it for advice or assistance and are unable because of poverty to pay legal fees.

(f) "Direct interest" means a personal right or a pecuniary right or liability.

This article shall not be applicable to attorneys who are parties to contingent fee contracts with their clients where the attorney does not protect the client from payment of the costs and expense of litigation, nor shall this article apply to any matter involving annexation, zoning, bond issues, or the holding or results of any election or referendum, nor shall this article apply to suits pertaining to or affecting possession of or title to real or personal property, regardless of ownership, nor shall this article apply to suits involving the legality of assessment or collection of taxes or the rates thereof, nor shall this article apply to suits involving rates or charges or services by common carriers or public utilities, nor shall this article apply to criminal prosecutions, nor to the payment of attorneys by legal aid societies approved by the Virginia State Bar, nor to proceedings to abate nuisances. Nothing herein shall be construed to be in derogation of the constitutional rights of real parties in interest to employ counsel or to prosecute any available legal remedy under the laws of this Commonwealth.

Code 1950, § 18.1-388; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-109 — Virginia Code / Title 18.2 / Chapter 5 / Article 3 / Section 18.2-109
Receipt or transfer of possession of stolen vehicle, aircraft or boat
Status: in_force

Any person who, with intent to procure or pass title to a vehicle, aircraft, boat or vessel, which he knows or has reason to believe has been stolen, shall receive or transfer possession of the same from one to another or who shall with like intent have in his possession any vehicle, aircraft, boat or vessel which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as an officer, shall be guilty of a Class 6 felony.

Code 1950, § 18.1-165; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-460.1 — Virginia Code / Title 18.2 / Chapter 10 / Article 6 / Section 18.2-460.1
Unlawful disclosure of existence of order authorizing wire or oral interception of communication
Status: in_force

Except as provided in Chapter 6 (§ 19.2-61 et seq.) of Title 19.2, it shall be unlawful for any person who, by virtue of his position of authority or in the course of his employment by a court, a public utility, a law-enforcement agency, or by any other agency of state or local government, obtains knowledge of the fact that an order authorizing interception of wire or oral communication has been entered or is sought to be entered, intentionally to disclose such information to any person, except in the performance of his duties. Persons violating this section shall be guilty of a Class 1 misdemeanor.

Nothing herein precludes a court authorizing an interception under this chapter from prohibiting any other person from disclosing the existence of an order, interception, or device and imposing contempt sanctions for any willful disclosure.

1980, c. 339.
Va. Code Ann. § 18.2-336 — Virginia Code / Title 18.2 / Chapter 8 / Article 1 / Section 18.2-336
Repealed
Status: repealed

Repealed by Acts 2004, c. 995 .
Va. Code Ann. § 18.2-18 — Virginia Code / Title 18.2 / Chapter 2 / Section 18.2-18
How principals in second degree and accessories before the fact punished
Status: in_force

In the case of every felony, every principal in the second degree and every accessory before the fact may be indicted, tried, convicted and punished in all respects as if a principal in the first degree; provided, however, that except in the case of a killing for hire under the provisions of subdivision A 2 of § 18.2-31 or a killing pursuant to the direction or order of one who is engaged in a continuing criminal enterprise under the provisions of subdivision A 10 of § 18.2-31 or a killing pursuant to the direction or order of one who is engaged in the commission of or attempted commission of an act of terrorism under the provisions of subdivision A 13 of § 18.2-31 , an accessory before the fact or principal in the second degree to an aggravated murder shall be indicted, tried, convicted and punished as though the offense were murder in the first degree.

Code 1950, § 18.1-11; 1960, c. 358; 1975, cc. 14, 15; 1977, c. 478; 1997, c. 313 ; 2002, cc. 588 , 623 ; 2021, Sp. Sess. I, cc. 344 , 345 .
Va. Code Ann. § 18.2-186.4:1 — Virginia Code / Title 18.2 / Chapter 6 / Article 5 / Section 18.2-186.4:1
Internet publication of personal information of certain public officials
Status: in_force

A. The Commonwealth shall not publish on the Internet the personal information of any public official if a court has, pursuant to subsection B, ordered that the official's personal information is prohibited from publication and the official has made a demand in writing to the Commonwealth, accompanied by the order of the court, that the Commonwealth not publish such information.

B. Any public official may petition a circuit court for an order prohibiting the publication on the Internet, by the Commonwealth, of the official's personal information. The petition shall set forth the specific reasons that the official seeks the order. The court shall issue such an order only if it finds that (i) there exists a threat to the official or a person who resides with him that would result from publication of the information or (ii) the official has demonstrated a reasonable fear of a risk to his safety or the safety of someone who resides with him that would result from publication of the information on the Internet.

C. If the Commonwealth publishes the public official's personal information on the Internet prior to receipt of a written demand by the official under subsection A or E, it shall remove the information from publication on the Internet within 48 hours of receipt of the written demand.

D. A written demand made by any public official pursuant to this section shall be effective for four years as follows:

1. For a law-enforcement officer, if the officer remains continuously employed as a law-enforcement officer throughout the four-year period;

2. For an attorney for the Commonwealth, if such public official continuously serves throughout the four-year period; and

3. For a retired or former law-enforcement officer, if such public official was retired or ended his service as a law-enforcement officer within four years of filing the petition.

E. The Commonwealth shall not publish on the Internet the personal information of any active or retired federal or Virginia justice, judge, or magistrate who has made a demand in writing to the Commonwealth that the Commonwealth not publish such information. A written demand made pursuant to this subsection shall be effective until such demand is rescinded in writing by such judge, justice, or magistrate.

F. For purposes of this section:

"Commonwealth" means any agency or political subdivision of the Commonwealth of Virginia.

"Law-enforcement officer" means the same as that term is defined in § 9.1-101 , 5 U.S.C. § 8331(20), excluding officers whose duties relate to detention as defined in 5 U.S.C. § 8331(20), and any other federal officer or agent who is credentialed with the authority to enforce federal law.

"Personal information" means home address, home telephone numbers, personal cell phone numbers, or personal email address.

"Publication" and "publishes" means intentionally communicating personal information to, or otherwise making personal information available to, and accessible by, the general public through the Internet or other online service.

"Public official" means any law-enforcement officer, retired or former law-enforcement officer, or attorney for the Commonwealth.

"Retired or former law-enforcement officer" means any person who was employed as a law-enforcement officer as that term is defined in § 9.1-101 ; has retired from law enforcement or has ended his service as a law-enforcement officer; and is in good standing with no pending investigations or disciplinary actions.

G. No provision of this section shall apply to lists of registered voters and persons who voted, voter registration records, or lists of absentee voters prepared or provided under Title 24.2.

2010, c. 767 ; 2012, c. 143 ; 2014, c. 170 ; 2023, cc. 801 , 802 ; 2025, cc. 207 , 215 .
Va. Code Ann. § 18.2-60.2 — Virginia Code / Title 18.2 / Chapter 4 / Article 6 / Section 18.2-60.2
Members of the Governor's immediate family
Status: in_force

As used in § 18.2-60.1 , the immediate family of the Governor shall include any parent, sibling, child, grandchild, spouse, parent of a spouse, and spouse of a sibling, child or grandchild who resides in the same household as the Governor.

1982, c. 568.
Va. Code Ann. § 18.2-403.4 — Virginia Code / Title 18.2 / Chapter 8 / Article 8 / Section 18.2-403.4
Unauthorized release of animals; penalty
Status: in_force

Any person who intentionally releases an animal, as defined in § 3.2-6500 , lawfully confined for scientific, research, commercial, agricultural or educational purposes without the consent of the owner or custodian of the animal and with the intent to impede or obstruct any such lawful purpose shall be guilty of a Class 1 misdemeanor.

1992, c. 307.
Va. Code Ann. § 18.2-67.9 — Virginia Code / Title 18.2 / Chapter 4 / Article 7 / Section 18.2-67.9
Testimony by child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology
Status: in_force

A. The provisions of this section shall apply to an alleged victim who was 14 years of age or younger at the time of the alleged offense and is 16 years of age or younger at the time of the trial and to a witness who is 14 years of age or younger at the time of the trial.

In any criminal proceeding, including preliminary hearings, involving an alleged offense against a child, relating to a violation of the laws pertaining to kidnapping pursuant to Article 3 (§ 18.2-47 et seq.) of Chapter 4, criminal sexual assault pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4, commercial sex trafficking or prostitution offenses pursuant to Article 3 (§ 18.2-346 et seq.) of Chapter 8, or family offenses pursuant to Article 4 (§ 18.2-362 et seq.) of Chapter 8, or involving an alleged murder of a person of any age, the attorney for the Commonwealth or the defendant may apply for an order from the court that the testimony of the alleged victim or a child witness be taken in a room outside the courtroom and be televised by two-way closed-circuit television or other securely encrypted two-way audio and video technology. The party seeking such order shall apply for the order at least 14 days before the trial date or at least seven days before such other preliminary proceeding to which the order is to apply.

B. The court may order that the testimony of the child be taken by two-way closed-circuit television or other securely encrypted two-way audio and video technology as provided in subsection A if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public, for any of the following reasons:

1. The child's persistent refusal to testify despite judicial requests to do so;

2. The child's substantial inability to communicate about the offense; or

3. The court's finding, by clear and convincing evidence, based upon expert opinion testimony, that the child will suffer at least moderate emotional trauma that is more than nervousness or excitement or some reluctance to testify as a result of testifying in the defendant's presence and not in the courtroom generally and where such trauma would impair the child's ability to communicate.

Any ruling on the child's unavailability under this subsection shall be supported by the court with findings on the record or with written findings in a court not of record.

C. In any proceeding in which two-way closed-circuit television or other securely encrypted two-way audio and video technology is used to receive testimony, the attorney for the Commonwealth and the defendant's attorney shall be present in the room with the child, and the child shall be subject to direct and cross-examination. The only other persons allowed to be present in the room with the child during his testimony shall be those persons necessary to operate the two-way closed-circuit equipment or other securely encrypted two-way audio and video technology and any other person whose presence is determined by the court to be necessary to the welfare and well-being of the child.

D. The child's testimony shall be transmitted by two-way closed-circuit television or other securely encrypted two-way audio and video technology into the courtroom for the defendant, jury, judge, and public to view. The defendant shall be provided with a means of private, contemporaneous communication with his attorney during the testimony.

E. Notwithstanding any other provision of law, none of the cost of the two-way closed-circuit television or other securely encrypted two-way audio and video technology shall be assessed against the defendant.

1988, c. 846; 1999, c. 668 ; 2001, c. 410 ; 2019, c. 146 ; 2020, c. 122 ; 2025, c. 191 .
Va. Code Ann. § 18.2-105.1 — Virginia Code / Title 18.2 / Chapter 5 / Article 3 / Section 18.2-105.1
Detention of suspected shoplifter
Status: in_force

A merchant, agent or employee of the merchant, who has probable cause to believe that a person has shoplifted in violation of § 18.2-95 or § 18.2-96 or § 18.2-103 , on the premises of the merchant, may detain such person for a period not to exceed one hour pending arrival of a law-enforcement officer.

1976, c. 515.
Va. Code Ann. § 18.2-151 — Virginia Code / Title 18.2 / Chapter 5 / Article 7 / Section 18.2-151
Opening or carrying away pumps, etc., used for dispensing gasoline, etc
Status: in_force

If any person, with intent to commit larceny therefrom, break and open, or open, or carry away, any pump, tank, or other similar equipment or container used for dispensing or storing kerosene, gasoline or motor oils, he shall be guilty of a Class 6 felony.

Code 1950, § 18.1-169; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-271.2 — Virginia Code / Title 18.2 / Chapter 7 / Article 2 / Section 18.2-271.2
Repealed
Status: repealed

Repealed by Acts 2026, cc. 686 and 687 , cl. 2, effective July 1, 2026.
Va. Code Ann. § 18.2-340.36 — Virginia Code / Title 18.2 / Chapter 8 / Article 1.1:1 / Section 18.2-340.36
Suspension of permit and registration
Status: in_force

A. When any officer charged with the enforcement of the charitable gaming laws of the Commonwealth has reasonable cause to believe that the conduct of charitable gaming is being conducted by an organization in violation of this article or Department regulations, he may apply to any judge, magistrate, or other person having authority to issue criminal warrants for the immediate suspension of the permit or registration of the organization conducting charitable gaming. If the judge, magistrate, or person to whom such application is presented is satisfied that probable cause exists to suspend the permit or registration, he shall suspend the permit or registration. Immediately upon such suspension, the officer shall notify the organization in writing of such suspension.

B. Written notice specifying the particular basis for the immediate suspension shall be provided by the officer to the organization within one business day of the suspension and a hearing held thereon by the Department or its designated hearing officer within 10 days of the suspension unless the organization consents to a later date. No charitable gaming shall be conducted by the organization until the suspension has been lifted by the Department or a court of competent jurisdiction.

1995, c. 837 ; 2003, c. 884 ; 2022, cc. 554 , 609 ; 2023, cc. 592 , 593 .
Va. Code Ann. § 18.2-186.3:1 — Virginia Code / Title 18.2 / Chapter 6 / Article 5 / Section 18.2-186.3:1
Identity fraud; consumer reporting agencies; police reports
Status: in_force

A. A consumer may report a case of identity theft to the law-enforcement agency in the jurisdiction where he resides. If a consumer, as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., submits to a consumer reporting agency, as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., a copy of a valid police report, the consumer reporting agency shall, within 30 days of receipt thereof, block the reporting of any information that the consumer alleges appears on his credit report, as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., as a result of a violation of § 18.2-186.3 . The consumer reporting agency shall promptly notify the furnisher of the information that a police report has been filed, that a block has been requested, and the effective date of the block.

B. Consumer reporting agencies may decline to block or may rescind any block of consumer information if, in the exercise of good faith and reasonable judgment, the consumer reporting agency believes that: (i) the information was blocked due to a misrepresentation of a material fact by the consumer; (ii) the information was blocked due to fraud, in which the consumer participated, or of which the consumer had knowledge, and which may for purposes of this section be demonstrated by circumstantial evidence; (iii) the consumer agrees that portions of the blocked information or all of it were blocked in error; (iv) the consumer knowingly obtained or should have known that he obtained possession of goods, services, or moneys as a result of the blocked transaction or transactions; or (v) the consumer reporting agency, in the exercise of good faith and reasonable judgment, has substantial reason based on specific, verifiable facts to doubt the authenticity of the consumer's report of a violation of § 18.2-186.3 .

C. If blocked information is unblocked pursuant to this section, the consumer shall be notified in the same manner as consumers are notified of the reinsertion of information pursuant to the Fair Credit Reporting Act at 15 U.S.C. § 1681i, as amended. The prior presence of the blocked information in the consumer reporting agency's file on the consumer is not evidence of whether the consumer knew or should have known that he obtained possession of any goods, services, or moneys.

D. A consumer reporting agency shall accept the consumer's version of the disputed information and correct the disputed item when the consumer submits to the consumer reporting agency documentation obtained from the source of the item in dispute or from public records confirming that the report was inaccurate or incomplete, unless the consumer reporting agency, in the exercise of good faith and reasonable judgment, has substantial reason based on specific, verifiable facts to doubt the authenticity of the documentation submitted and notifies the consumer in writing of that decision, explaining its reasons for unblocking the information and setting forth the specific, verifiable facts on which the decision is based.

E. A consumer reporting agency shall delete from a consumer credit report inquiries for credit reports based upon credit requests that the consumer reporting agency verifies were initiated as a result of a violation of § 18.2-186.3 .

F. The provisions of this section do not apply to (i) a consumer reporting agency that acts as a reseller of credit information by assembling and merging information contained in the databases of other consumer reporting agencies, and that does not maintain a permanent database of credit information from which new consumer credit reports are produced, (ii) a check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar payment methods, or (iii) a demand deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automatic teller machine abuse or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a demand deposit account at the inquiring bank or financial institution.

2003, cc. 914 , 918 ; 2006, c. 298 .
Va. Code Ann. § 18.2-246.10 — Virginia Code / Title 18.2 / Chapter 6 / Article 10 / Section 18.2-246.10
Shipping requirements
Status: in_force

Each person who mails, ships, or otherwise delivers cigarettes in connection with a delivery sale:

1. Shall include as part of the shipping documents a clear and conspicuous statement providing as follows: "Cigarettes: Virginia Law Prohibits Shipping to Individuals Under 21, and Requires the Payment of all Applicable Taxes";

2. Shall use a method of mailing, shipping, or delivery that obligates the delivery service or any party making delivery to require (i) the consumer placing the purchase order for the delivery sale, or an adult of legal minimum purchase age, to sign to accept delivery of the shipping container, and (ii) proof, in the form of a valid, government-issued identification bearing a photograph of the individual who signs to accept delivery of the shipping container, demonstrating that he is either the addressee who is of legal minimum purchase age or another adult of legal minimum purchase age. However, proof of the legal minimum purchase age shall be required only if such individual appears to be under 27 years of age; and

3. Shall provide to the delivery service retained for such delivery sale evidence of full compliance with § 18.2-246.12 .

2003, c. 1010 ; 2019, cc. 90 , 102 .
Va. Code Ann. § 18.2-464 — Virginia Code / Title 18.2 / Chapter 10 / Article 6 / Section 18.2-464
Failure to obey order of conservator of the peace
Status: in_force

If any person, being required by a conservator of the peace on view of a breach of the peace or other offense to bring before him the offender, refuse or neglect to obey the conservator of the peace, he shall be guilty of a Class 2 misdemeanor; and if the conservator of the peace declare himself or be known to be such to the person so refusing or neglecting, ignorance of his office shall not be pleaded as an excuse.

Code 1950, § 18.1-302; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-340.25:1 — Virginia Code / Title 18.2 / Chapter 8 / Article 1.1:1 / Section 18.2-340.25:1
Authorization to conduct electronic gaming required; fee
Status: in_force

A. In addition to a charitable gaming permit, a social organization shall receive authorization from the Department prior to conducting any electronic gaming pursuant to the provisions of § 18.2-340.26:3 . A social organization may request such authorization from the Department by providing certain information, as determined by the Department on a form prescribed by the Department.

B. All requests for authorization to conduct electronic gaming shall be acted upon by the Department within 45 days from the date of the request. A social organization that meets the necessary requirements pursuant to this article may be, at the discretion of the Department, authorized to conduct electronic gaming pursuant to the provisions of § 18.2-340.26:3 . Any such authorization granted by the Department shall be noted on the social organization's charitable gaming permit and shall be valid for the time specified in the permit unless it is sooner suspended or revoked. No authorization to conduct electronic gaming shall be valid for longer than two years. All requests received by the Department shall be a matter of public record.

All authorizations to conduct electronic gaming shall be subject to regulation by the Department to ensure the public safety and welfare in the operation of electronic games. The authorization shall only be granted after a reasonable investigation has been conducted by the Department.

C. In no case shall a social organization be authorized to conduct electronic gaming at more than one location.

D. Requests for authorization to conduct electronic gaming shall be made on forms prescribed by the Department and shall be accompanied by payment of a fee.

E. Requests for renewal of such authorizations shall be made in accordance with Department regulations. If a complete renewal request is received 45 days or more prior to the expiration of the authorization, the authorization shall continue to be effective until such time as the Department has taken final action. Otherwise, the authorization shall expire at the end of its term.

2022, cc. 722 , 767 .
Va. Code Ann. § 18.2-346 — Virginia Code / Title 18.2 / Chapter 8 / Article 3 / Section 18.2-346
Prostitution; commercial sexual conduct; penalties
Status: in_force

Any person who, for money or its equivalent, (i) commits any act in violation of § 18.2-361 ; performs cunnilingus, fellatio, or anilingus upon or by another person; engages in sexual intercourse or anal intercourse; touches the unclothed genitals or anus of another person with the intent to sexually arouse or gratify; or allows another to touch his unclothed genitals or anus with the intent to sexually arouse or gratify or (ii) offers to commit any act in violation of § 18.2-361 ; perform cunnilingus, fellatio, or anilingus upon or by another person; engage in sexual intercourse or anal intercourse; touch the unclothed genitals or anus of another person with the intent to sexually arouse or gratify; or allow another to touch his unclothed genitals or anus with the intent to sexually arouse or gratify and thereafter does any substantial act in furtherance thereof is guilty of prostitution, which is punishable as a Class 1 misdemeanor.

Code 1950, § 18.1-194; 1960, c. 358; 1975, cc. 14, 15; 1980, c. 534; 1993, c. 609; 2013, cc. 417 , 467 ; 2014, c. 794 ; 2020, cc. 122 , 595 , 900 ; 2021, Sp. Sess. I, c. 188 .
Va. Code Ann. § 18.2-180 — Virginia Code / Title 18.2 / Chapter 6 / Article 3 / Section 18.2-180
Manufacture, etc., of slugs, etc., for such unlawful use
Status: in_force

Any person who, with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of any such coin box telephone, parking meter, vending machine or other machine operated on the coin-in-the-slot principle, designed only to receive lawful coin of the United States of America, in connection with the use of any such coin box telephone, parking meter, vending machine or other machine, or who, knowing or having reason to believe that the same is intended for such unlawful use, shall manufacture, sell, offer to sell, advertise for sale or give away any slug, device or substance whatsoever, intended or calculated to be placed or deposited in any such coin box telephone, parking meter, vending machine or other machine, shall be guilty of a Class 3 misdemeanor.

The manufacture, sale, offer for sale, advertisement for sale, giving away or possession of any such slug, device or substance whatsoever, intended or calculated to be placed or deposited in any such coin box telephone, parking meter, vending machine or other machine that operates on the coin-in-the-slot principle, shall be prima facie evidence of intent to cheat or defraud within the meaning of this section and § 18.2-179 .

Code 1950, § 18.1-125; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-387 — Virginia Code / Title 18.2 / Chapter 8 / Article 5 / Section 18.2-387
Indecent exposure
Status: in_force

Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor. No person shall be deemed to be in violation of this section for breastfeeding a child in any public place or any place where others are present.

Code 1950, § 18.1-236; 1960, c. 233; 1975, cc. 14, 15; 1994, c. 398 .
Va. Code Ann. § 18.2-59.1 — Virginia Code / Title 18.2 / Chapter 4 / Article 6 / Section 18.2-59.1
Sexual extortion; penalty
Status: in_force

A. Any person who maliciously threatens in writing, including an electronically transmitted communication producing a visual or electronic message, (i) to disseminate, sell, or publish a videographic or still image, created by any means whatsoever, or (ii) to not delete, remove, or take back a previously disseminated, sold, or published videographic or still image, created by any means whatsoever, (a) that depicts the complaining witness or such complaining witness's family or household member, as defined in § 16.1-228 , as totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast or (b) in which the genitals, pubic area, buttocks, or female breast of such complaining witness or such complaining witness's family or household member is not exposed but such videographic or still image is obscene, as defined in § 18.2-372 , with the intent to cause the complaining witness to engage in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10 , and thereby engages in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10 , is guilty of a Class 5 felony. However, any adult who violates this section with a person under the age of 18 is guilty of a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.

B. Any person who maliciously threatens eviction, loss of housing, property damage, or any financial loss with the intent to cause the complaining witness to engage in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10 , and thereby engages in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10 , is guilty of a Class 5 felony. However, any adult who violates this section with a person under the age of 15 is guilty of a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.

C. Any person who maliciously threatens a complaining witness in violation of subsection A or B, but such complaining witness does not thereby engage in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10 , is guilty of attempted sexual extortion and shall be punished as prescribed in § 18.2-26 .

D. A prosecution pursuant to this section may be in the county, city, or town in which the communication was either made or received.

2023, c. 612 ; 2025, c. 227 ; 2026, c. 539 .
Va. Code Ann. § 18.2-340.30:1 — Virginia Code / Title 18.2 / Chapter 8 / Article 1.1:1 / Section 18.2-340.30:1
Repealed
Status: repealed

Repealed by Acts 2010, c. 429 , cl. 2.
Va. Code Ann. § 18.2-430 — Virginia Code / Title 18.2 / Chapter 9 / Article 6 / Section 18.2-430
Venue for offenses under this article
Status: in_force

Any person violating any of the provisions of this article may be prosecuted either in the county or city from which he called or in the county or city in which the call was received.

Code 1950, § 18.1-238; 1960, c. 358; 1964, c. 577; 1975, cc. 14, 15; 2020, c. 1002 ; 2022, c. 336 .
Va. Code Ann. § 18.2-340.25 — Virginia Code / Title 18.2 / Chapter 8 / Article 1.1:1 / Section 18.2-340.25
Permit required; application fee; form of application
Status: in_force

A. Except as provided for in § 18.2-340.23 , prior to the commencement of any charitable game, an organization shall obtain a permit from the Department.

B. All complete applications for a permit shall be acted upon by the Department within 45 days from the filing thereof. Upon compliance by the applicant with the provisions of this article, and at the discretion of the Department, a permit may be issued. All permits when issued shall be valid for the period specified in the permit unless it is sooner suspended or revoked. No permit shall be valid for longer than two years. The application shall be a matter of public record.

All permits shall be subject to regulation by the Department to ensure the public safety and welfare in the operation of charitable games. The permit shall only be granted after a reasonable investigation has been conducted by the Department. The Department may require any prospective employee, permit holder, or applicant to submit to fingerprinting and to provide personal descriptive information to be forwarded along with employee's, licensee's, or applicant's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purposes of obtaining criminal history record information regarding such prospective employee, permit holder, or applicant. The Central Criminal Records Exchange upon receipt of a prospective employee, licensee, or applicant record or notification that no record exists, shall forward the report to the Commissioner of the Department or his designee, who shall belong to a governmental entity. However, nothing in this subsection shall be construed to require the routine fingerprinting of volunteer bingo workers.

C. In no case shall an organization receive more than one permit allowing it to conduct charitable gaming; except that an organization may also apply for and receive a temporary permit pursuant to § 18.2-340.25:2 .

D. Application for a charitable gaming permit shall be made on forms prescribed by the Department and shall be accompanied by payment of the fee for processing the application.

E. Applications for renewal of permits shall be made in accordance with Department regulations. If a complete renewal application is received 45 days or more prior to the expiration of the permit, the permit shall continue to be effective until such time as the Department has taken final action. Otherwise, the permit shall expire at the end of its term.

F. The failure to meet any of the requirements of § 18.2-340.24 shall cause the automatic denial of the permit, and no organization shall conduct any charitable gaming until the requirements are met and a permit is obtained.

1995, c. 837 ; 1997, cc. 777 , 838 ; 1999, c. 361 ; 2003, c. 884 ; 2006, cc. 211 , 644 ; 2008, cc. 387 , 689 ; 2017, c. 739 ; 2020, c. 568 ; 2022, cc. 554 , 609 ; 2023, cc. 755 , 787 .
Va. Code Ann. § 18.2-269 — Virginia Code / Title 18.2 / Chapter 7 / Article 2 / Section 18.2-269
Presumptions from alcohol or drug content of blood
Status: in_force

A. In any prosecution for a violation of § 18.2-36.1 or clause (ii), (iii), or (iv) of § 18.2-266 or any similar ordinance, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused's blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of §§ 18.2-268.1 through 18.2-268.12 or (ii) performed by the Department of Forensic Science in accordance with the provisions of §§ 18.2-268.5 , 18.2-268.6 , and 18.2-268.7 on the suspect's whole blood drawn pursuant to a search warrant shall give rise to the following rebuttable presumptions:

1. If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused's blood or 0.05 grams or less per 210 liters of the accused's breath, it shall be presumed that the accused was not under the influence of alcohol intoxicants at the time of the alleged offense;

2. If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight by volume of alcohol in the accused's blood or 0.05 grams but less than 0.08 grams per 210 liters of the accused's breath, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcohol intoxicants at the time of the alleged offense, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused;

3. If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused's blood or 0.08 grams or more per 210 liters of the accused's breath, it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense; or

4. If there was at that time an amount of the following substances at a level that is equal to or greater than: (i) 0.02 milligrams of cocaine per liter of blood, (ii) 0.1 milligrams of methamphetamine per liter of blood, (iii) 0.01 milligrams of phencyclidine per liter of blood, or (iv) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused was under the influence of drugs at the time of the alleged offense to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely.

B. The provisions of this section shall not apply to and shall not affect any prosecution for a violation of § 46.2-341.24 .

Code 1950, § 18.1-57; 1960, c. 358; 1964, c. 240; 1966, c. 636; 1972, c. 757; 1973, c. 459; 1975, cc. 14, 15; 1977, c. 638; 1983, c. 504; 1986, c. 635; 1989, cc. 554, 574, 705; 1992, c. 830; 1994, cc. 359 , 363 ; 2005, c. 616 ; 2017, c. 623 .
Va. Code Ann. § 18.2-323.1 — Virginia Code / Title 18.2 / Chapter 7 / Article 8 / Section 18.2-323.1
Drinking while operating a motor vehicle; possession of open container while operating a motor vehicle and presumption; penalty
Status: in_force

A. It is unlawful for any person to consume an alcoholic beverage while driving a motor vehicle upon a public highway of the Commonwealth.

B. Unless the driver is delivering alcoholic beverages in accordance with the provisions of § 4.1-212.1 , a rebuttable presumption that the driver has consumed an alcoholic beverage in violation of this section shall be created if (i) an open container is located within the passenger area of the motor vehicle, (ii) the alcoholic beverage in the open container has been at least partially removed, and (iii) the appearance, conduct, odor of alcohol, speech, or other physical characteristic of the driver of the motor vehicle may be reasonably associated with the consumption of an alcoholic beverage.

C. For the purposes of this section:

"Open container" means any vessel containing an alcoholic beverage, except the originally sealed manufacturer's container.

"Passenger area" means the area designed to seat the driver of any motor vehicle, any area within the reach of the driver, including an unlocked glove compartment, and the area designed to seat passengers. "Passenger area" does not include the trunk of any passenger vehicle, the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle, or any similar vehicle, the living quarters of a motor home, or the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxi, or limousine, while engaged in the transportation of such persons.

D. A violation of this section is punishable as a Class 4 misdemeanor.

1989, c. 343; 2002, c. 890 ; 2022, cc. 78 , 79 .
Va. Code Ann. § 18.2-242 — Virginia Code / Title 18.2 / Chapter 6 / Article 8 / Section 18.2-242
Use of games, lotteries, etc., for promoting sale of certain products
Status: in_force

(a) No retail establishment in this Commonwealth shall use any game, contest, lottery or other scheme or device, whereby a person or persons may receive gifts, prizes or gratuities as determined by chance for the purpose of promoting, furthering or advertising the sale of any product or products having both a federal and state excise tax placed upon it, and the fact that no purchase is required in order to participate in such game, contest, lottery or scheme shall not exclude such game, contest, lottery or scheme from the provisions of this section.

(b) Any person violating the provision of this section shall be guilty of a Class 3 misdemeanor.

Code 1950, § 59.1-68.01; 1970, c. 764; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-2 — Virginia Code / Title 18.2 / Chapter 1 / Article 1 / Section 18.2-2
Effect of repeal of Title 18.1 and enactment of this title
Status: in_force

The repeal of Title 18.1, effective as of October 1, 1975, shall not affect any act or offense done or committed, or any penalty or forfeiture incurred, or any right established, accrued or accruing on or before such date, or any prosecution, suit or action pending on that day. Except as herein otherwise provided, neither the repeal of Title 18.1 nor the enactment of this title shall apply to offenses committed prior to October 1, 1975, and prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose. For the purposes of this section, an offense was committed prior to October 1, 1975, if any of the essential elements of the offense occurred prior thereto.

1975, cc. 14, 15.
Va. Code Ann. § 18.2-371.1 — Virginia Code / Title 18.2 / Chapter 8 / Article 4 / Section 18.2-371.1
Abuse and neglect of children; penalties; abandoned infant
Status: in_force

A. Any parent, guardian, or other person responsible for the care of a child under the age of 18 who by willful act or willful omission or refusal to provide any necessary care for the child's health causes or permits serious injury to the life or health of such child is guilty of a Class 4 felony. For purposes of this subsection, "serious injury" includes but is not limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, (vi) forced ingestion of dangerous substances, and (vii) life-threatening internal injuries. For purposes of this subsection, "willful act or willful omission" includes operating or engaging in the conduct of a child welfare agency as defined in § 63.2-100 or a child day program or home-based child care system as defined in § 22.1-289.02 without first obtaining a license such person knows is required by Subtitle IV (§ 63.2-1700 et seq.) of Title 63.2 or Article 3 (§ 22.1-289.01 0 et seq.) of Chapter 14.1 of Title 22.1 or after such license has been revoked or has expired and not been renewed.

B. 1. Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose willful act or omission in the care of such child was so gross, wanton, and culpable as to show a reckless disregard for human life is guilty of a Class 6 felony.

2. If a prosecution under this subsection is based solely on the accused parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense to prosecution of a parent under this subsection that such parent safely delivered the child within the first 30 days of the child's life to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child's safety.

C. 1. Any parent, guardian, or other person who is 18 years of age or older and is responsible for the care of a child under the age of 18 whose willful act or omission causes or enables that child to gain possession of a firearm (i) after having received notice of a preliminary determination pursuant to § 22.1-79.4 that the child poses a threat of violence or physical harm to self or others or (ii) when such parent, guardian, or other person responsible for the care of the child knows or reasonably should know that such child has charges pending for or has been convicted or adjudicated delinquent of a violent juvenile felony as defined in § 16.1-228 is guilty of a Class 5 felony.

2. No person shall be subject to arrest or prosecution for a violation of this subsection (i) related to clause (i) of subdivision 1 after such person has received notice that the threat assessment team that made such preliminary determination has concluded that the child does not indicate a threat of violence or physical harm to self or others or that any case or review opened or conducted by that threat assessment team as a result of such preliminary determination has been closed or (ii) related to clause (ii) of subdivision 1 after such person has received notice that any pending charge for a violent juvenile felony has been dismissed or a nolle prosequi has been entered.

3. It is an affirmative defense to prosecution for a violation of this subsection if the parent, guardian, or other person responsible for the care of a child caused or enabled such child to gain possession of a firearm while in a dwelling because of a reasonable belief that he or such child was in imminent danger of bodily injury.

D. Any parent, guardian, or other person having care, custody, or control of a minor child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall not, for that reason alone, be considered in violation of this section.

1981, c. 568; 1988, c. 228; 1990, c. 638; 1993, c. 628; 2003, cc. 816 , 822 ; 2006, c. 935 ; 2015, cc. 502 , 503 ; 2016, c. 705 ; 2022, cc. 80 , 81 ; 2023, c. 128 ; 2024, cc. 161 , 162 ; 2026, c. 917 .
Va. Code Ann. § 18.2-355 — Virginia Code / Title 18.2 / Chapter 8 / Article 3 / Section 18.2-355
Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking
Status: in_force

Any person who:

(1) For purposes of prostitution or unlawful sexual intercourse, takes any person into, or persuades, encourages or causes any person to enter, a bawdy place, or takes or causes such person to be taken to any place against his or her will for such purposes; or

(2) Takes or detains a person against his or her will with the intent to compel such person, by force, threats, persuasions, menace or duress, to marry him or her or to marry any other person, or to be defiled; or

(3) Being parent, guardian, legal custodian or one standing in loco parentis of a person, consents to such person being taken or detained by any person for the purpose of prostitution or unlawful sexual intercourse; or

(4) For purposes of prostitution, takes any minor into, or persuades, encourages, or causes any minor to enter, a bawdy place, or takes or causes such person to be taken to any place for such purposes; is guilty of pandering.

A violation of subdivision (1), (2), or (3) is punishable as a Class 4 felony. A violation of subdivision (4) is punishable as a Class 3 felony.

Code 1950, § 18.1-204; 1960, c. 358; 1975, cc. 14, 15; 1980, c. 534; 1997, c. 555 ; 2014, cc. 649 , 706 ; 2015, c. 395 .
Va. Code Ann. § 18.2-57.3 — Virginia Code / Title 18.2 / Chapter 4 / Article 4 / Section 18.2-57.3
Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge
Status: in_force

A. When a person is charged with a simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2 , the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section.

B. For a person to be eligible for such deferral, the court shall find that (i) the person was an adult at the time of the commission of the offense; (ii) the person has not previously been convicted of any offense under this article or under any statute of the United States or of any state or any ordinance of any local government relating to an assault or assault and battery against a family or household member; (iii)(a) the person has not previously been convicted of an act of violence as defined in § 19.2-297.1 or (b) if such person has been previously convicted of such an act of violence, the attorney for the Commonwealth does not object to the deferral; (iv) the person has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section; (v) the person pleads guilty to, or enters a plea of not guilty or nolo contendere and the court finds the evidence is sufficient to find the person guilty of, simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2 ; and (vi) the person consents to such deferral and to a waiver of his right to appeal a finding of facts sufficient to justify a finding of guilt under this section entered pursuant to subsection F for a violation of a term or condition of his probation. If the court defers further proceedings, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the person, taken by a law-enforcement officer pursuant to § 19.2-390 , and, if not, shall order that the fingerprints and photograph of the person be taken by a law-enforcement officer. A person may file a motion to withdraw his consent to the deferral and waiver of his right to appeal within 10 days of the entry of the order deferring proceedings on a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia. The court shall schedule a hearing within 30 days of receipt of the motion and shall provide reasonable notice to the attorney for the Commonwealth and to the person and his attorney, if any. If the person appears at the hearing and requests to withdraw his consent, the court shall grant such request, enter a final order adjudicating guilt, and sentence the person accordingly. If the person does not appear at the hearing, the court shall deny his request to withdraw his consent.

C. The court shall (i) where a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1 is available, order that the eligible person be placed with such agency and require, as a condition of local community-based probation, the person to successfully complete all treatment, education programs, or services, or any combination thereof, indicated by an assessment or evaluation obtained by the local community-based probation services agency if such assessment, treatment, or education services are available or (ii) require successful completion of treatment, education programs, or services, or any combination thereof, such as, in the opinion of the court, may be best suited to the needs of the person.

D. The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the program or services, including the costs of any assessment, evaluation, testing, education, and treatment, based upon the person's ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.

The court shall order the person to be of good behavior for a total period of not less than two years following the deferral of proceedings, including the period of supervised probation, if available.

E. Upon fulfillment of the terms and conditions specified in the court order, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. No charges dismissed pursuant to this section shall be eligible for expungement under § 19.2-392.2 .

F. Upon violation of a term or condition of supervised probation or of the period of good behavior, the court may enter an adjudication of guilt and proceed as otherwise provided by law. Any person placed on probation pursuant to this section who is subsequently adjudicated guilty upon a violation of a term or condition of his probation shall have no right of appeal on such adjudication.

G. Notwithstanding any other provision of this section, whenever a court places a person on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7.

1999, c. 963 ; 2000, c. 1040 ; 2003, cc. 33 , 38 ; 2004, c. 377 ; 2007, c. 133 ; 2009, cc. 313 , 347 ; 2013, c. 746 ; 2016, cc. 422 , 742 ; 2017, cc. 621 , 785 ; 2019, cc. 782 , 783 .
Va. Code Ann. § 18.2-431.1 — Virginia Code / Title 18.2 / Chapter 9 / Article 6 / Section 18.2-431.1
Illegal conveyance or possession of cellular telephone or other wireless telecommunications device by prisoner or committed person; penalty
Status: in_force

A. It is unlawful for any person without authorization to provide or cause to be provided a cellular telephone or other wireless telecommunications device to an incarcerated prisoner or person committed to the Department of Juvenile Justice in any juvenile correctional center.

B. It is unlawful for an incarcerated prisoner or person committed to the Department of Juvenile Justice in any juvenile correctional center without authorization to possess a cellular telephone or other wireless telecommunications device during the period of his incarceration.

C. Any violation of this section is a Class 6 felony.

2005, c. 171 ; 2013, cc. 707 , 782 ; 2015, c. 601 .
Va. Code Ann. § 18.2-422 — Virginia Code / Title 18.2 / Chapter 9 / Article 5 / Section 18.2-422
Prohibition of wearing of masks in certain places; exceptions; penalty
Status: in_force

Except as otherwise provided in § 19.2-83.6:1 , it is unlawful for any person over 16 years of age to, with the intent to conceal his identity, wear any mask, hood, or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, to be or appear in any public place, or upon any private property in the Commonwealth without first having obtained from the owner or tenant thereof consent to do so in writing. However, the provisions of this section shall not apply to persons (i) wearing traditional holiday costumes; (ii) engaged in professions, trades, employment, or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons; (iii) engaged in any bona fide theatrical production or masquerade ball; or (iv) wearing a mask, hood, or other device for bona fide medical reasons upon (a) the advice of a licensed physician or osteopath and carrying on his person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device and the date on which the wearing of the device will no longer be necessary and providing a brief description of the device, or (b) the declaration of a disaster or state of emergency by the Governor in response to a public health emergency where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver. The violation of any provisions of this section is a Class 6 felony.

Code 1950, §§ 18.1-364, 18.1-367; 1960, c. 358; 1975, cc. 14, 15; 1986, c. 19; 2010, cc. 262 , 420 ; 2014, c. 167 ; 2026, c. 1131 .
Va. Code Ann. § 18.2-174.2 — Virginia Code / Title 18.2 / Chapter 6 / Article 2 / Section 18.2-174.2
Impersonating any local, town, city, or county elected official; penalty
Status: in_force

A. For the purposes of this section, "any local, town, city, or county elected official" includes constitutional officers.

B. No person shall willfully and intentionally (i) falsely assume or exercise the functions, powers, duties, and privileges incident to the office of any local, town, city, or county elected official; (ii) falsely assume or pretend to be any such elected official with intent to defraud or obtain access, information, service, or thing of value; or (iii) impersonate any such elected official with the intent to make another believe he is such elected official with intent to defraud or obtain access, information, service, or thing of value.

C. A violation of this section is a Class 3 misdemeanor.

2026, c. 452 .
Va. Code Ann. § 18.2-53 — Virginia Code / Title 18.2 / Chapter 4 / Article 4 / Section 18.2-53
Shooting, etc., in committing or attempting a felony
Status: in_force

If any person, in the commission of, or attempt to commit, felony, unlawfully shoot, stab, cut or wound another person he shall be guilty of a Class 6 felony.

Code 1950, § 18.1-68; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-357.1 — Virginia Code / Title 18.2 / Chapter 8 / Article 3 / Section 18.2-357.1
Commercial sex trafficking; penalties
Status: in_force

A. Any person who, with the intent to receive money or other valuable thing or to assist another in receiving money or other valuable thing from the earnings of a person from prostitution or unlawful sexual intercourse in violation of § 18.2-346 , solicits, invites, recruits, encourages, or otherwise causes or attempts to cause a person to violate § 18.2-346 is guilty of a Class 5 felony.

B. Any person who violates subsection A through the use of force, intimidation, or deception is guilty of a Class 4 felony.

C. Any adult who violates subsection A with a person under 18 years of age is guilty of a Class 3 felony.

D. Each violation of this section constitutes a separate and distinct felony.

2015, cc. 690 , 691 ; 2019, c. 617 ; 2021, Sp. Sess. I, c. 188 .
Va. Code Ann. § 18.2-111.2 — Virginia Code / Title 18.2 / Chapter 5 / Article 4 / Section 18.2-111.2
Failure to pay withheld child support; embezzlement
Status: in_force

If any employer withholds money from the pay of his employee for the purpose of paying administrative or court-ordered child support on behalf of the employee and then wrongfully and fraudulently fails to make payment of the money withheld, the employer shall be guilty of embezzlement.

1999, c. 56 .
Va. Code Ann. § 18.2-32.3 — Virginia Code / Title 18.2 / Chapter 4 / Article 1 / Section 18.2-32.3
Human infant; independent and separate existence
Status: in_force

For the purposes of this article, the fact that the umbilical cord has not been cut or that the placenta remains attached shall not be considered in determining whether a human infant has achieved an independent and separate existence.

2010, cc. 810 , 851 .
Va. Code Ann. § 18.2-185 — Virginia Code / Title 18.2 / Chapter 6 / Article 4 / Section 18.2-185
Evidence and presumptions in malicious prosecution actions after issuance of bad check
Status: in_force

In any civil action growing out of an arrest under § 18.2-181 or § 18.2-182 , no evidence of statements or representations as to the status of the check, draft, order or deposit involved, or of any collateral agreement with reference to the check, draft, or order, shall be admissible unless such statements, or representations, or collateral agreement, be written upon the instrument at the time it is given by the drawer.

If payment of any check, draft, or order for the payment of money be refused by the bank, banking institution, trust company or other depository upon which such instrument is drawn, and the person who drew or uttered such instrument be arrested or prosecuted under the provisions of § 18.2-181 or § 18.2-182 , for failure or refusal to pay such instrument, the one who arrested or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to have acted with reasonable or probable cause in any suit for damages that may be brought by the person who drew or uttered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository on which it was drawn where it was refused, and then waited five days after notice, as provided in § 18.2-183 , without the amount due under the provisions of such instrument being paid.

Code 1950, § 6.1-118; 1966, c. 584; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-308.2:3 — Virginia Code / Title 18.2 / Chapter 7 / Article 7 / Section 18.2-308.2:3
Criminal background check required for employees of a gun dealer to transfer firearms; exemptions; penalties
Status: in_force

A. No person, corporation, or proprietorship licensed as a firearms dealer pursuant to 18 U.S.C. § 921 et seq. shall employ any person to act as a seller, whether full-time or part-time, permanent, temporary, paid or unpaid, for the transfer of firearms under § 18.2-308.2:2 , if such employee would be prohibited from possessing a firearm under § 18.2-308.1:1 , 18.2-308.1:2 , or 18.2-308.1:3 , subsection B of § 18.2-308.1:4 , or § 18.2-308.1:6 , 18.2-308.1:7 , 18.2-308.1:8 , 18.2-308.1:9, 18.2-308.2 , or 18.2-308.2:01 , or is an illegal alien, or is prohibited from purchasing or transporting a firearm pursuant to subsection A of § 18.2-308.1:4 or § 18.2-308.1:5 .

B. Prior to permitting an applicant to begin employment, the dealer shall obtain a written statement or affirmation from the applicant that he is not disqualified from possessing a firearm and shall submit the applicant's fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant.

C. Prior to August 1, 2000, the dealer shall obtain written statements or affirmations from persons employed before July 1, 2000, to act as a seller under § 18.2-308.2:2 that they are not disqualified from possessing a firearm. Within five working days of the employee's next birthday, after August 1, 2000, the dealer shall submit the employee's fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the request.

C1. In lieu of submitting fingerprints pursuant to this section, any dealer holding a valid federal firearms license (FFL) issued by the Bureau of Alcohol, Tobacco and Firearms (ATF) may submit a sworn and notarized affidavit to the Department of State Police on a form provided by the Department, stating that the dealer has been subjected to a record check prior to the issuance and that the FFL was issued by the ATF. The affidavit may also contain the names of any employees that have been subjected to a record check and approved by the ATF. This exemption shall apply regardless of whether the FFL was issued in the name of the dealer or in the name of the business. The affidavit shall contain the valid FFL number, state the name of each person requesting the exemption, together with each person's identifying information, including their social security number and the following statement: "I hereby swear, under the penalty of perjury, that as a condition of obtaining a federal firearms license, each person requesting an exemption in this affidavit has been subjected to a fingerprint identification check by the Bureau of Alcohol, Tobacco and Firearms and the Bureau of Alcohol, Tobacco and Firearms subsequently determined that each person satisfied the requirements of 18 U.S.C. § 921 et seq. I understand that any person convicted of making a false statement in this affidavit is guilty of a Class 5 felony and that in addition to any other penalties imposed by law, a conviction under this section shall result in the forfeiture of my federal firearms license."

D. The Department of State Police, upon receipt of an individual's record or notification that no record exists, shall submit an eligibility report to the requesting dealer within 30 days of the applicant beginning his duties for new employees or within 30 days of the applicant's birthday for a person employed prior to July 1, 2000.

E. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the Federal Bureau of Investigation. The information provided to the dealer shall not be disseminated except as provided in this section.

F. The applicant shall bear the cost of obtaining the criminal history record unless the dealer, at his option, decides to pay such cost.

G. Upon receipt of the request for a criminal history record information check, the State Police shall establish a unique number for that firearm seller. Beginning September 1, 2001, the firearm seller's signature, firearm seller's number and the dealer's identification number shall be on all firearm transaction forms. The State Police shall void the firearm seller's number when a disqualifying record is discovered. The State Police may suspend a firearm seller's identification number upon the arrest of the firearm seller for a potentially disqualifying crime.

H. This section shall not restrict the transfer of a firearm at any place other than at a dealership or at any event required to be registered as a gun show.

I. Any person who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who willfully and intentionally disseminates or seeks to disseminate criminal history record information except as authorized by this section and § 18.2-308.2:2 , is guilty of a Class 2 misdemeanor.

J. Any person willfully and intentionally making a materially false statement on the personal descriptive information required in this section is guilty of a Class 5 felony. Any person who offers for transfer any firearm in violation of this section is guilty of a Class 1 misdemeanor. Any dealer who willfully and knowingly employs or permits a person to act as a firearm seller in violation of this section is guilty of a Class 1 misdemeanor.

K. There is no civil liability for any seller for the actions of any purchaser or subsequent transferee of a firearm lawfully transferred pursuant to this section.

L. The provisions of this section requiring a seller's background check shall not apply to a licensed dealer.

M. Any person who willfully and intentionally makes a false statement in the affidavit as set out in subdivision C 1 is guilty of a Class 5 felony.

N. For purposes of this section:

"Dealer" means any person, corporation or proprietorship licensed as a dealer pursuant to 18 U.S.C. § 921 et seq.

"Firearm" means any handgun, shotgun, or rifle that will or is designed to or may readily be converted to expel single or multiple projectiles by action of an explosion of a combustible material.

"Place of business" means any place or premises where a dealer may lawfully transfer firearms.

"Seller" means for the purpose of any single sale of a firearm any person who is a dealer or an agent of a dealer, who may lawfully transfer firearms and who actually performs the criminal background check in accordance with the provisions of § 18.2-308.2:2 .

"Transfer" means any act performed with intent to sell, rent, barter, or trade or otherwise transfer ownership or permanent possession of a firearm at the place of business of a dealer.

2000, c. 794 ; 2002, c. 880 ; 2003, c. 976 ; 2016, cc. 48 , 49 ; 2020, cc. 887 , 888 , 1173 ; 2021, Sp. Sess. I, c. 555 ; 2026, cc. 1106 , 1107 .
Va. Code Ann. § 18.2-443 — Virginia Code / Title 18.2 / Chapter 10 / Article 2 / Section 18.2-443
Solicitation or acceptance of bribes by participants or by managers, coaches or trainers
Status: in_force

A professional or amateur participant or prospective participant in any game, contest or sport or a manager, coach or trainer of any team or individual participant or prospective participant in any such game, contest or sport, who solicits or accepts any valuable thing to influence him to lose or try to lose or cause to be lost or to limit his or his team's margin of victory in any game, contest or sport in which he is taking part, or expects to take part, or has any duty or connection therewith, shall be guilty of a Class 5 felony.

Code 1950, § 18.1-403; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-52.1 — Virginia Code / Title 18.2 / Chapter 4 / Article 4 / Section 18.2-52.1
Possession of infectious biological substances or radiological agents; penalties
Status: in_force

A. Any person who possesses, with the intent thereby to injure another, an infectious biological substance or radiological agent is guilty of a Class 5 felony.

B. Any person who (i) destroys or damages, or attempts to destroy or damage, any facility, equipment or material involved in the sale, manufacturing, storage or distribution of an infectious biological substance or radiological agent, with the intent to injure another by releasing the substance, or (ii) manufactures, sells, gives, distributes or uses an infectious biological substance or radiological agent with the intent to injure another is guilty of a Class 4 felony.

C. Any person who maliciously and intentionally causes any other person bodily injury by means of an infectious biological substance or radiological agent is guilty of a felony and shall be punished by confinement in a state correctional facility for a period of not less than five years nor more than 30 years.

D. For purposes of this section:

An "infectious biological substance" includes any bacteria, viruses, fungi, protozoa, or rickettsiae capable of causing death or serious bodily injury. "Infectious biological substance" does not include the human immunodeficiency virus (HIV) or any other related virus that causes acquired immunodeficiency syndrome (AIDS), syphilis, or hepatitis B.

A "radiological agent" includes any substance able to release radiation at levels that are capable of causing death or serious bodily injury.

1996, c. 769 ; 2002, cc. 588 , 623 , 816 ; 2004, c. 833 ; 2021, Sp. Sess. I, c. 465 .
Va. Code Ann. § 18.2-178.1 — Virginia Code / Title 18.2 / Chapter 6 / Article 3 / Section 18.2-178.1
Financial exploitation of vulnerable adults; penalty
Status: in_force

A. As used in this section, "vulnerable adult" means the same as that term is defined in § 18.2-369 .

B. It is unlawful for any person who knows or should know that another person is a vulnerable adult to, through the use of that other person's impairment, take, obtain, or convert money or other thing of value belonging to that other person with the intent to permanently deprive him thereof. Any person who violates this section shall be deemed guilty of larceny.

C. Venue for the trial of an accused charged with a violation of this section shall be in any county or city in which (i) any act was performed in furtherance of the offense, (ii) the accused resided at the time of the offense, (iii) the vulnerable adult resides or resided at the time of the offense, or (iv) the vulnerable adult sustained a financial loss as a result of the offense.

D. This section shall not apply to a transaction or disposition of money or other thing of value in which the accused acted for the benefit of the vulnerable adult or made a good faith effort to assist such person with the management of his money or other thing of value.

2013, cc. 419 , 452 ; 2022, cc. 259 , 642 ; 2023, c. 330 .
Va. Code Ann. § 18.2-127 — Virginia Code / Title 18.2 / Chapter 5 / Article 5 / Section 18.2-127
Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty
Status: in_force

A. Any person who willfully or maliciously commits any of the following acts is guilty of a Class 1 misdemeanor:

1. Destroys, removes, cuts, breaks, or injures any tree, shrub, or plant on any church property or within any cemetery or lot of any memorial or monumental association;

2. Destroys, mutilates, injures, or removes and carries away any flowers, wreaths, vases, or other ornaments placed within any church or on church property, or placed upon or around any grave, tomb, monument, or lot in any cemetery, graveyard, or other place of burial; or

3. Obstructs proper ingress to and egress from any church or any cemetery or lot belonging to any memorial or monumental association.

B. Any person who maliciously places any dead animal within any church or on church property is guilty of a Class 1 misdemeanor.

C. Any person who willfully or maliciously destroys, mutilates, defaces, injures, or removes any object or structure permanently attached or affixed within any church or on church property, any tomb, monument, gravestone, or other structure placed within any cemetery, graveyard, or place of burial, or within any lot belonging to any memorial or monumental association, or any fence, railing, or other work for the protection or ornament of any tomb, monument, gravestone, or other structure aforesaid, or of any cemetery lot within any cemetery is guilty of a Class 6 felony. A person convicted under this section who is required to pay restitution by the court shall be required to pay restitution to the church, if the property damaged is property of the church, or to the owner of a cemetery, if the property damaged is located within such cemetery regardless of whether the property damaged is owned by the cemetery or by another person.

D. This section shall not apply to any work which is done by the authorities of a church or congregation in the maintenance or improvement of any church property or any burial ground or cemetery belonging to it and under its management or control and which does not injure or result in the removal of a tomb, monument, gravestone, grave marker or vault. For purposes of this section, "church" shall mean any place of worship, and "church property" shall mean any educational building or community center owned or rented by a church.

Code 1950, § 18.1-244; 1960, c. 358; 1975, cc. 14, 15; 1982, c. 561; 1983, c. 579; 1990, c. 510; 2004, c. 203 ; 2020, c. 485 .
Va. Code Ann. § 18.2-371.2 — Virginia Code / Title 18.2 / Chapter 8 / Article 4 / Section 18.2-371.2
(Effective until October 1, 2026) Prohibiting purchase or possession of retail tobacco products and hemp products intended for smoking by a person under 21 years of age or sale of retail tobacco products and hemp products intended for smoking to persons under 21 years of age; civil penalties
Status: in_force

A. No person shall sell to, distribute to, purchase for, or knowingly permit the purchase by any person younger than 21 years of age, knowing or having reason to believe that such person is younger than 21 years of age, any retail tobacco product or hemp product intended for smoking.

No person shall sell retail tobacco products or hemp products intended for smoking from a vending machine.

B. No person shall sell a retail tobacco product or hemp product intended for smoking to any individual who does not demonstrate, by producing a driver's license or similar photo identification issued by a government agency, that the individual is at least 21 years of age.

Before a retail dealer may sell retail tobacco products, other than cigar and pipe tobacco products as defined in § 58.1-1021.01 , to any consumer, the person selling, offering for sale, giving, or furnishing the retail tobacco products shall verify that the consumer is of legal age by examining from any person who appears to be under 30 years of age a government-issued photographic identification that establishes that the person is of legal age or, if required pursuant to subdivision C 4 b of § 58.1-1021.04:1 or subdivision B 2 b of § 59.1-293.12, verifying the identification presented using identification fraud detection software, technology, or a scanner that confirms the authenticity of such identification.

This subsection shall not apply to mail order or Internet sales, provided that the person offering the retail tobacco product or hemp product intended for smoking for sale through mail order or the Internet (i) prior to the sale of the retail tobacco product or hemp product intended for smoking verifies that the purchaser is at least 21 years of age through a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification and (ii) uses a method of mailing, shipping, or delivery that requires the signature of a person at least 21 years of age before the retail tobacco product or hemp product intended for smoking will be released to the purchaser.

C. A violation of subsection A or B by an individual or by a separate retail establishment is punishable by a civil penalty in the amount of $500 for a first violation and a civil penalty in the amount of $2,500 for a second or subsequent violation within a three-year period. If applicable, upon a second or subsequent violation within a three-year period, the Department of Taxation may suspend or revoke any approved license, permit, or registration issued pursuant to subsection C of § 58.1-1021.04:1 .

For any violation of this section by an employee of a retail establishment, (i) such penalty shall be assessed against the establishment and (ii) an additional penalty of $100 shall be assessed against the employee.

Any attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty, which shall be paid into the state treasury. Any law-enforcement officer may issue a summons for a violation of subsection A or B.

D. 1. Cigarettes and hemp products intended for smoking shall be sold only in sealed packages provided by the manufacturer, with the required health warning. The proprietor of every retail establishment that offers for sale any retail tobacco product or hemp product intended for smoking shall post in a conspicuous manner and place a sign or signs indicating that the sale of retail tobacco products or hemp products intended for smoking to any person under 21 years of age is prohibited by law. Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $500. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action.

2. For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published at 61 Federal Register 1492, the Department of Agriculture and Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations.

3. Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $500. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action.

E. Nothing in this section shall be construed to create a private cause of action.

F. Agents of the Virginia Alcoholic Beverage Control Authority designated pursuant to § 4.1-105 may issue a summons for any violation of this section. Additionally, any retailer selling retail tobacco products shall be subject to the enforcement and compliance provisions of Chapter 23.2 (§ 59.1-293.10 et seq.) of Title 59.1.

G. As used in this section:

"Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Electronic smoking device" includes any component, part, or accessory of the device, whether or not sold separately, and also includes any substance intended to be aerosolized or vaporized during the use of the device, whether or not the substance contains nicotine. "Electronic smoking device" does not include any (i) battery or battery charger when sold separately or (ii) device used for heated tobacco products. "Electronic smoking device" does not include drugs or devices, as such terms are defined in 21 U.S.C. § 321, or combination products, as such term is used in 21 U.S.C. § 353, if such drugs, devices, or combination products are authorized for sale by the U.S. Food and Drug Administration.

"Hemp product" and "hemp product intended for smoking" mean the same as those terms are defined in § 4.1-600 .

"Retail tobacco product" means (i) any product containing, made of, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by other means, including a cigarette, a heated tobacco product, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (ii) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; and (iii) any component, part, or accessory of a product described in clause (i) or (ii), whether or not such component, part, or accessory contains tobacco or nicotine, including filters, rolling papers, blunt or hemp wraps, and pipes. "Retail tobacco product" includes any nicotine vapor product as that term is defined in § 58.1-1021.01 . "Retail tobacco product" does not include drugs or devices, as such terms are defined in 21 U.S.C. § 321, or combination products, as such term is used in 21 U.S.C. § 353, if such drugs, devices, or combination products are authorized for sale by the U.S. Food and Drug Administration.

"Wrappings" includes materials made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar.

1986, c. 406; 1991, c. 558; 1993, c. 631; 1994, c. 305 ; 1995, c. 675 ; 1996, cc. 509 , 517 ; 1997, cc. 812 , 882 ; 1998, c. 363 ; 1999, c. 1020 ; 2000, c. 883 ; 2003, cc. 114 , 615 ; 2014, cc. 357 , 394 ; 2015, cc. 38 , 730 , 739 , 756 ; 2019, cc. 90 , 102 ; 2020, cc. 406 , 524 ; 2023, cc. 744 , 794 ; 2024, cc. 796 , 821 ; 2026, Sp. Sess. I, c. 1 .
Va. Code Ann. § 18.2-304 — Virginia Code / Title 18.2 / Chapter 7 / Article 6 / Section 18.2-304
Manufacturer's and dealer's register; inspection of stock
Status: in_force

Every manufacturer or dealer shall keep a register of all "sawed-off" shotguns and "sawed-off" rifles manufactured or handled by him. This register shall show the model and serial number, date of manufacture, sale, loan, gift, delivery or receipt of every "sawed-off" shotgun and "sawed-off" rifle, the name, address, and occupation of the person to whom the "sawed-off" shotgun or "sawed-off" rifle was sold, loaned, given or delivered, or from whom it was received. Upon demand every manufacturer or dealer shall permit any marshal, sheriff or police officer to inspect his entire stock of "sawed-off" shotguns and "sawed-off" rifles, and "sawed-off" shotgun or "sawed-off" rifle barrels, and shall produce the register, herein required, for inspection. A violation of any provision of this section shall be punishable as a Class 3 misdemeanor.

Code 1950, § 18.1-268.6; 1968, c. 661; 1975, cc. 14, 15; 1992, c. 580.
Va. Code Ann. § 18.2-38 — Virginia Code / Title 18.2 / Chapter 4 / Article 2 / Section 18.2-38
"Mob" defined
Status: in_force

Any collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person or an act of violence as defined in § 19.2-297.1 , without authority of law, shall be deemed a "mob."

Code 1950, § 18.1-27; 1960, c. 358; 1975, cc. 14, 15; 1999, c. 623 .
Va. Code Ann. § 18.2-412 — Virginia Code / Title 18.2 / Chapter 9 / Article 1 / Section 18.2-412
Immunity of officers and others in quelling a riot or unlawful assembly
Status: in_force

No liability, criminal or civil, shall be imposed upon any person authorized to disperse or assist in dispersing a riot or unlawful assembly for any action of such person which was taken after those rioting or unlawfully assembled had been commanded to disperse, and which action was reasonably necessary under all the circumstances to disperse such riot or unlawful assembly or to arrest those who failed or refused to disperse.

Code 1950, §§ 18.1-254.8, 18.1-254.9; 1968, c. 460; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-201 — Virginia Code / Title 18.2 / Chapter 6 / Article 7 / Section 18.2-201
Advances secured by fraudulent promise to perform agricultural labor
Status: in_force

If any person enter into a contract of employment, oral or written, for the performance of personal service to be rendered within one year, in and about the cultivation of the soil, and, at any time during the pendency of such contract, thereby obtain from the landowner, or the person so engaged in the cultivation of the soil, advances of money or other thing of value under such contract, with intent to injure or defraud his employer, and fraudulently refuses or fails to perform such service or to refund such money or other thing of value so obtained, he shall be guilty of a Class 3 misdemeanor. But no prosecution hereunder shall be commenced more than sixty days after the breach of such contract.

Code 1950, § 18.1-114; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-219 — Virginia Code / Title 18.2 / Chapter 6 / Article 8 / Section 18.2-219
Repealed
Status: repealed

Repealed by Acts 1992, c. 768.
Va. Code Ann. § 18.2-40 — Virginia Code / Title 18.2 / Chapter 4 / Article 2 / Section 18.2-40
Lynching deemed murder
Status: in_force

Every lynching shall be deemed murder. Any and every person composing a mob and any and every accessory thereto, by which any person is lynched, shall be guilty of murder, and upon conviction, shall be punished as provided in Article 1 (§ 18.2-30 et seq.) of this chapter.

Code 1950, § 18.1-29; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-56.2 — Virginia Code / Title 18.2 / Chapter 4 / Article 4 / Section 18.2-56.2
Allowing access to firearms by children; penalty
Status: in_force

A. It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen. Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor.

B. It shall be unlawful for any person knowingly to authorize a child under the age of twelve to use a firearm except when the child is under the supervision of an adult. Any person violating this subsection shall be guilty of a Class 1 misdemeanor. For purposes of this subsection, "adult" shall mean a parent, guardian, person standing in loco parentis to the child or a person twenty-one years or over who has the permission of the parent, guardian, or person standing in loco parentis to supervise the child in the use of a firearm.

1991, c. 537; 1994, c. 832 ; 2020, c. 742 .
Va. Code Ann. § 18.2-308.5:2 — Virginia Code / Title 18.2 / Chapter 7 / Article 7 / Section 18.2-308.5:2
(Effective January 1, 2027) Prohibition on unfinished frames or receivers and unserialized firearms; penalties
Status: in_force

A. As used in this section:

"Federal licensee authorized to serialize firearms" means a person, firm, corporation, or other entity that holds any valid federal license that authorizes the person, firm, corporation, or other entity to imprint serial numbers onto firearms and completed or unfinished frames or receivers pursuant to 18 U.S.C. § 921 et seq. and regulations issued pursuant thereto.

"Federally licensed gunsmith, manufacturer, or importer" means a person, firm, corporation, or other entity that holds a valid gunsmith license or license to manufacture or import firearms issued pursuant to 18 U.S.C. § 921 et seq. and regulations issued pursuant thereto.

"Frame" and "receiver" have the same meanings attributed to them in 18 U.S.C. § 921 et seq. and regulations issued pursuant thereto.

"License to manufacture firearms" means a valid license to manufacture firearms issued pursuant to 18 U.S.C. § 921 et seq. and regulations issued pursuant thereto.

"Manufacture or assemble" means to fabricate, construct, fit together component parts of, or otherwise produce a firearm or completed or unfinished frame or receiver, including through additive, subtractive, or other processes.

"Unfinished frame or receiver" means a forging, casting, printing, extrusion, machined body, or similar item that (i) is designed to or may readily be completed, assembled, or otherwise converted to function as a frame or receiver or (ii) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or otherwise converted. However, "unfinished frame or receiver" does not include a component designed and intended for use in an antique weapon.

"Valid serial number" means a serial number that has been imprinted by a federal licensee authorized to serialize firearms in accordance with federal law, or that has otherwise been assigned to a firearm or completed or unfinished frame or receiver pursuant to the laws of any state or pursuant to 26 U.S.C. § 5801 et seq. and regulations issued pursuant thereto.

B. It is unlawful to knowingly import, purchase, sell, offer for sale, or transfer ownership of any completed or unfinished frame or receiver, unless the completed or unfinished frame or receiver (i) is deemed to be a firearm pursuant to 18 U.S.C. § 921 et seq. and regulations issued pursuant thereto and (ii) is imprinted with a valid serial number.

C. (Effective July 1, 2027) It is unlawful to knowingly possess a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number.

D. It is unlawful to manufacture or assemble, cause to be manufactured or assembled, import, purchase, sell, offer for sale, or transfer ownership of any firearm that is not imprinted with a valid serial number.

E. Except as authorized by law, it is unlawful for a person who does not have a valid federal license to manufacture or assemble firearms to sell or transfer ownership of a firearm if (i) the person manufactured or assembled the firearm without a valid license to manufacture firearms, (ii) the person knowingly caused the firearm to be manufactured or assembled by another person who does not have a valid federal license to manufacture firearms, or (iii) the person is aware that the firearm was manufactured or assembled by another person who does not have a valid federal license to manufacture firearms.

F. A federal firearms licensee may serialize a firearm or frame or receiver of a firearm, including a finished or unfinished frame or receiver, by imprinting a serial number on the firearm, frame, or receiver. To serialize a firearm, frame, or receiver, the dealer or other licensee shall imprint on the firearm, frame, or receiver a serial number beginning with the dealer's or licensee's abbreviated federal firearms license number, which is the first three and last five digits of the license number, followed by a hyphen, before a unique identification number (12345678-(number)). The serial number shall not be duplicated on any other firearm, frame, or receiver serialized by the licensee and shall be imprinted in a manner that complies with the requirements in federal law for imprinting a serial number on a firearm, including the minimum size and depth of the serial number and that the serial number is not susceptible to being readily obliterated, altered, or removed.

The federal firearms licensee shall retain a record concerning a firearm, frame, or receiver serialized by the licensee that complies with the requirements under federal law for the sale of a firearm. In addition to any record required by federal law, a federal firearms licensee that imprints a unique serial number on a firearm, frame, or receiver pursuant to this subsection shall make a record at the time of the transaction of each transaction involving serializing a firearm, frame, or receiver and keep that record. The record shall include the following information: the date, name, age, and residence of any person to whom the item is transferred and the unique serial number imprinted on the firearm, frame, or receiver.

G. A violation of this section is punishable as a Class 1 misdemeanor. A second or subsequent violation of this section is punishable as a Class 4 felony.

H. The provisions of subsection B or C shall not apply to any person possessing or receiving the firearm who is a local, state, or federal law-enforcement officer or a federal firearms importer or federal firearms manufacturer in the scope and course of his official duties or employment.

I. This section does not apply to any of the following:

1. A firearm, frame, receiver, or unfinished frame or receiver that (i) is an antique firearm as defined in subsection F of § 18.2-308.2:2 , (ii) has been rendered permanently inoperable, or (iii) was manufactured before October 22, 1968;

2. The sale, offer for sale, or transfer of ownership of a firearm or any completed or unfinished frame or receiver to a law-enforcement agency;

3. The manufacture or assembly, importation, purchase, transfer, or possession of a firearm or any completed or unfinished frame or receiver by a law-enforcement agency for law-enforcement purposes;

4. The sale or transfer of ownership of a firearm or any completed or unfinished frame or receiver to a federally licensed gunsmith, manufacturer, or importer or to any other federal licensee authorized to serialize firearms;

5. The manufacture or assembly, importation, purchase, or possession of a firearm or any completed or unfinished frame or receiver by a federally licensed gunsmith, manufacturer, or importer or by any other federal licensee authorized to serialize firearms;

6. A member of the Armed Forces of the United States or the National Guard while on duty and acting within the scope and course of employment or any law-enforcement agency or forensic laboratory;

7. A common carrier, motor carrier, air carrier, or carrier affiliated with an air carrier through common controlling interest that is subject to Title 49 of the United States Code, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property;

8. An authorized representative of a local, state, or federal government that receives a firearm or any completed or unfinished frame or receiver as part of an authorized, voluntary buyback program in which the governmental entity is buying or receiving such weapons from private individuals;

9. The possession and disposition of a firearm or any completed or unfinished frame or receiver by a person who meets all of the following:

a. The person is not prohibited by Virginia or federal law from possessing the weapon;

b. The person possessed the firearm or any completed or unfinished frame or receiver no longer than was necessary to deliver it to a law-enforcement agency for that agency's disposition according to law; and

c. If the person is transporting the firearm or any completed or unfinished frame or receiver, the person is transporting it to a law-enforcement agency in order to deliver it to the agency for the agency's disposition according to law;

10. The possession or importation of a firearm or any completed or unfinished frame or receiver by a nonresident of the Commonwealth who:

a. Is traveling with the firearm or completed or unfinished frame or receiver in the Commonwealth in accordance with the provisions of 18 U.S.C. § 926A; or

b. Possesses or imports the firearm or completed or unfinished frame or receiver in the Commonwealth exclusively for use in an organized sport shooting event or competition and no longer than reasonably necessary to participate in such an event or competition; or

11. The possession or importation of a firearm or any completed or unfinished frame or receiver by a new resident moving into the Commonwealth who, within 90 days of moving into the Commonwealth, causes the firearm or completed or unfinished frame or receiver to be imprinted with a valid serial number, removes the weapon from the Commonwealth, or otherwise comes into compliance with this section.

2026, c. 532 .
Va. Code Ann. § 18.2-286.1 — Virginia Code / Title 18.2 / Chapter 7 / Article 4 / Section 18.2-286.1
Shooting from vehicles so as to endanger persons; penalty
Status: in_force

Any person who, while in or on a motor vehicle, intentionally discharges a firearm so as to create the risk of injury or death to another person or thereby cause another person to have a reasonable apprehension of injury or death shall be guilty of a Class 5 felony. Nothing in this section shall apply to a law-enforcement officer in the performance of his duties.

1990, c. 951.
Va. Code Ann. § 18.2-320 — Virginia Code / Title 18.2 / Chapter 7 / Article 8 / Section 18.2-320
Sale, etc., of plastic bags; warning required
Status: in_force

(a) No person shall sell, offer for sale, or deliver, or offer for delivery, or give away any plastic bag or partial plastic bag intended to enclose freshly cleaned clothing, the length of which totals twenty-five inches or more and the material of which is less than one mil (1/1000 inch) in thickness; unless such plastic bag bears the following warning statement, or a warning statement which the Commissioner of Health has approved as the equivalent thereof:

"WARNING: To avoid danger of suffocation, keep this plastic bag away from babies and children. Do not use this bag in cribs, beds, carriages or playpens."

(b) Such warning statement shall be imprinted in a prominent place on the plastic bag or shall appear on a label securely attached to the bag in a prominent place, and shall be printed in legible type of at least thirty-six point type.

(c) Violators of this section shall be guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-415.1; 1968, c. 340; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-148 — Virginia Code / Title 18.2 / Chapter 5 / Article 7 / Section 18.2-148
Bona fide repossession under lien
Status: in_force

The provisions of §§ 18.2-102 , 18.2-146 and 18.2-147 shall not apply to a bona fide repossession of a vehicle, aircraft, boat or vessel by the holder of a lien on such vehicle, aircraft, boat or vessel, or by the agents or employees of such lienholder.

Code 1950, § 18.1-168; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-46.8 — Virginia Code / Title 18.2 / Chapter 4 / Article 2.2 / Section 18.2-46.8
Venue
Status: in_force

Venue for any violation of this article may be had in the county or city where such crime is alleged to have occurred or where any act in furtherance of an act prohibited by this article was committed.

2002, cc. 588 , 623 .
Va. Code Ann. § 18.2-340.19 — Virginia Code / Title 18.2 / Chapter 8 / Article 1.1:1 / Section 18.2-340.19
Regulations of the Department
Status: in_force

A. The Department shall adopt regulations that:

1. Require, as a condition of receiving a charitable gaming permit or authorization to conduct electronic gaming, that the applicant use a predetermined percentage of its receipts for those lawful religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized, including (i) those expenses relating to the acquisition, construction, maintenance, or repair of any interest in real property or (ii) expenses related to the rental of real property by an organization as described by subdivision 4, 5, 6, or 7 of the definition of "social organization" in § 18.2-340.16 where such real property is involved in the operation of the organization and used for lawful religious, charitable, community, or educational purposes, as follows:

a. With respect to charitable gaming, other than electronic gaming, a predetermined percentage of its gross receipts.

b. With respect to electronic gaming, a predetermined percentage of its electronic gaming adjusted gross receipts.

2. Specify the conditions under which a complete list of the organization's members who participate in the management, operation, or conduct of charitable gaming may be required in order for the Department to ascertain the percentage of Virginia residents in accordance with subdivision A 3 of § 18.2-340.24 .

Membership lists furnished to the Department in accordance with this subdivision shall not be a matter of public record and shall be exempt from disclosure under the provisions of the Freedom of Information Act (§ 2.2-3700 et seq.).

3. Prescribe fees for processing applications for charitable gaming permits and authorizing social organizations to conduct electronic gaming. Such fees may reflect the nature and extent of the charitable gaming activity proposed to be conducted.

4. Establish requirements for the audit of all reports required in accordance with §§ 18.2-340.30 and 18.2-340.30:2 .

5. Define electronic and mechanical equipment used in the conduct of charitable gaming. Department regulations shall include capacity for such equipment to provide full automatic daubing as numbers are called. For the purposes of this subdivision, electronic or mechanical equipment for instant bingo, pull tabs, or seal cards shall include such equipment that displays facsimiles of instant bingo, pull tabs, or seal cards and are used solely for the purpose of dispensing or opening such paper or electronic cards, or both; but shall not include (i) devices operated by dropping one or more coins or tokens into a slot and pulling a handle or pushing a button or touchpoint on a touchscreen to activate one to three or more reels marked into horizontal segments by varying symbols, where the predetermined prize amount depends on how and how many of the symbols line up when the rotating reels come to rest, or (ii) other similar devices that display flashing lights or illuminations, or bells, whistles, or other sounds, solely intended to entice players to play. Such regulations shall not prohibit (a) devices that display spinning, rotating, or rolling reels or animations or flashing lights; (b) devices that accept vouchers; (c) the purchase and play of an electronic pull tab with a single press or touch of a button; or (d) the use of multiple video monitors or touchscreens on an electronic gaming device.

6. Prescribe the conditions under which a qualified organization may (i) provide food and nonalcoholic beverages to its members who participate in the management, operation, or conduct of bingo; (ii) permit members who participate in the management, operation, or conduct of bingo to play bingo; and (iii) subject to the provisions of subdivision 12 of § 18.2-340.33 , permit nonmembers to participate in the conduct of bingo so long as the nonmembers are under the direct supervision of a bona fide member of the organization during the bingo game.

7. Prescribe the conditions under which a qualified organization may sell raffle tickets for a raffle drawing that will be held outside the Commonwealth pursuant to subsection B of § 18.2-340.26 .

8. Prescribe the conditions under which persons who are bona fide members of a qualified organization or a child, above the age of 13 years, of a bona fide member of such organization may participate in the conduct or operation of bingo games.

9. Prescribe the conditions under which a person below the age of 18 years may play bingo, provided that such person is accompanied by his parent or legal guardian.

10. Require all qualified organizations that are subject to Department regulations to post in a conspicuous place in every place where charitable gaming is conducted a sign that bears a toll-free telephone number for the National Problem Gambling Helpline.

11. Require all qualified organizations that are subject to Department regulations to post in a conspicuous place in every place where charitable gaming is conducted a sign that bears the toll-free telephone number and website for the illegal gaming tip line established and administered by the Office of the Gaming Enforcement Coordinator in the Department of State Police pursuant to § 52-54 for members of the public to report concerns about, or suspected instances of, illegal gaming activities.

12. Prescribe the conditions under which a qualified organization may sell network bingo cards in accordance with § 18.2-340.28:1 and establish a percentage of proceeds derived from network bingo sales to be allocated to (i) prize pools, (ii) the organization conducting the network bingo, and (iii) the network bingo provider. The regulations shall also establish procedures for the retainage and ultimate distribution of any unclaimed prize.

13. Prescribe the conditions under which a qualified organization may manage, operate, or contract with operators of, or conduct Texas Hold'em poker tournaments.

14. Prescribe the conditions under which a qualified organization may lease the premises of a permitted social organization for the purpose of conducting bingo, network bingo, instant bingo, pull tabs, seal cards, and electronic gaming permitted under this article and establish requirements for proper financial reporting of all disbursements, gross receipts, and electronic gaming adjusted gross receipts and payment of all fees required under this article.

B. The Commissioner may, by regulation, approve variations to the card formats for bingo games, provided that such variations result in bingo games that are conducted in a manner consistent with the provisions of this article. Department-approved variations may include bingo games commonly referred to as player selection games and 90-number bingo.

1995, c. 837 ; 1996, c. 919 ; 1997, cc. 777 , 838 ; 1998, c. 845 ; 2001, c. 833 ; 2003, c. 884 ; 2006, c. 644 ; 2010, cc. 429 , 572 ; 2013, cc. 36 , 350 ; 2020, cc. 568 , 982 ; 2021, Sp. Sess. I, cc. 14 , 499 , 520 ; 2022, cc. 554 , 609 , 722 , 767 ; 2024, cc. 445 , 504 , 593 ; 2025, c. 336 ; 2026, c. 604 .
Va. Code Ann. § 18.2-173 — Virginia Code / Title 18.2 / Chapter 6 / Article 1 / Section 18.2-173
Having in possession forged coin or bank notes
Status: in_force

If any person have in his possession forged bank notes or forged or base coin, such as are mentioned in § 18.2-170 , knowing the same to be forged or base, with the intent to utter or employ the same as true, or to sell, exchange, or deliver them, so as to enable any other person to utter or employ them as true, he shall, if the number of such notes or coins in his possession at the same time, be ten or more, be guilty of a Class 6 felony; and if the number be less than ten, he shall be guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-97; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-429.1 — Virginia Code / Title 18.2 / Chapter 9 / Article 6 / Section 18.2-429.1
False caller identification information; penalty
Status: in_force

A. For the purposes of this section:

"Caller identification information" means data that identifies the identity of the caller or the caller's telephone number to the recipient of a telephone call or to the recipient's telephone network.

"False caller identification information" means data that misrepresents the identity of the caller or the caller's telephone number to the recipient of a telephone call or to the recipient's telephone network.

B. Any person who, with the intent to defraud, intimidate, or harass, causes a telephone to ring and engages in conduct that results in the display of false caller identification information on the called party's telephone is guilty of a Class 3 misdemeanor. A second or subsequent conviction under this subsection is punishable as a Class 2 misdemeanor if the prior conviction occurred before the date of the offense charged.

C. This section shall not apply to:

1. The blocking of caller identification information;

2. Any law-enforcement agencies or any law-enforcement officer while he is engaged in the performance of his official duties;

3. Any intelligence or security agency of the federal government or any employee of such agency while he is engaged in the performance of his official duties; or

4. Any telecommunications, broadband, or Voice-over-Internet protocol service provider that is (i) acting in its capacity as an intermediary for the transmission of telephone service between the caller and the recipient, (ii) providing or configuring a service or service feature as requested by a customer, (iii) acting in a manner that is authorized or required by law, or (iv) engaging in other conduct that is a necessary incident to the provision of service.

2019, c. 476 .
Va. Code Ann. § 18.2-137 — Virginia Code / Title 18.2 / Chapter 5 / Article 6 / Section 18.2-137
Injuring, etc., any property, monument, etc
Status: in_force

A. If any person unlawfully destroys, defaces, damages, or removes without the intent to steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages, or removes without the intent to steal, any monument or memorial for war veterans, not his own, described in § 15.2-1812 ; any monument erected to mark the site of any engagement fought during the Civil War, or any memorial to designate the boundaries of any city, town, tract of land, or any tree marked for that purpose, he shall be guilty of a Class 3 misdemeanor, provided that the court may, in its discretion, dismiss the charge if the locality or organization that owns or is responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury.

B. If any person who is not the owner of such property intentionally causes such injury, he is guilty of (i) a Class 1 misdemeanor if the value of or damage to the property, memorial, or monument is less than $1,000 or (ii) a Class 6 felony if the value of or damage to the property, memorial, or monument is $1,000 or more. The amount of loss caused by the destruction, defacing, damage, or removal of such property, memorial, or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution.

Code 1950, § 18.1-172; 1960, c. 358; 1975, cc. 14, 15, 598; 1990, c. 933; 1999, c. 625 ; 2020, cc. 1100 , 1101 .
Va. Code Ann. § 18.2-209 — Virginia Code / Title 18.2 / Chapter 6 / Article 7 / Section 18.2-209
False publications
Status: in_force

Any person who knowingly and willfully states, delivers or transmits by any means whatever to any publisher, or employee of a publisher, of any newspaper, magazine, or other publication or to any owner, or employee of an owner, of any radio station, television station, news service or cable service, any false and untrue statement, knowing the same to be false or untrue, concerning any person or corporation, with intent that the same shall be published, broadcast or otherwise disseminated, shall be guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-407; 1960, c. 358; 1975, cc. 14, 15; 1978, c. 359.
Va. Code Ann. § 18.2-308.1:1 — Virginia Code / Title 18.2 / Chapter 7 / Article 7 / Section 18.2-308.1:1
Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty
Status: in_force

A. It shall be unlawful for any person acquitted by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services, pursuant to Chapter 11.1 (§ 19.2-182.2 et seq.) of Title 19.2, on a charge of treason, any felony or any offense punishable as a misdemeanor under Title 54.1 or a Class 1 or Class 2 misdemeanor under this title, except those misdemeanor violations of (i) Article 2 (§ 18.2-266 et seq.) of Chapter 7 of this title, (ii) Article 2 (§ 18.2-415 et seq.) of Chapter 9 of this title, (iii) § 18.2-119 , or (iv) an ordinance of any county, city, or town similar to the offenses specified in clause (i), (ii), or (iii), to knowingly and intentionally purchase, possess, or transport any firearm. A violation of this subsection shall be punishable as a Class 1 misdemeanor.

B. Any person so acquitted may, upon discharge from the custody of the Commissioner, petition the general district court in the city or county in which he resides or, if the person is not a resident of the Commonwealth, the general district court of the city or county in which the most recent of the proceedings described in subsection A occurred to restore his right to purchase, possess, or transport a firearm. A copy of the petition shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if requested by either party. If the court determines, after receiving and considering evidence concerning the circumstances regarding the disability referred to in subsection A and the person's criminal history, treatment record, and reputation as developed through character witness statements, testimony, or other character evidence, that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest, the court shall grant the petition. Any person denied relief by the general district court may petition the circuit court for a de novo review of the denial. Upon a grant of relief in any court, the court shall enter a written order granting the petition, in which event the provisions of subsection A do not apply. The clerk of court shall certify and forward forthwith to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of any such order.

C. As used in this section, "treatment record" shall include copies of health records detailing the petitioner's psychiatric history, which shall include the records pertaining to the commitment or adjudication that is the subject of the request for relief pursuant to this section.

1990, c. 692; 2008, cc. 788 , 854 , 869 ; 2009, cc. 813 , 840 ; 2010, c. 781 ; 2011, c. 775 ; 2017, c. 516 .
Va. Code Ann. § 18.2-165 — Virginia Code / Title 18.2 / Chapter 5 / Article 8 / Section 18.2-165
Unlawful use of, or injury to, television or radio signals and equipment
Status: in_force

Any person who shall willfully or maliciously break, injure or otherwise destroy or damage any of the posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, or a microwave radio system, or willfully or maliciously interfere with such structure so erected, or in any way attempt to lead from its uses or make use of the electrical signal or any portion thereof properly belonging to or in use or in readiness to be made use of for the purpose of using said electrical signal from any television coaxial cable company or microwave system or owner of such property, shall be guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-157; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-170 — Virginia Code / Title 18.2 / Chapter 6 / Article 1 / Section 18.2-170
Forging coin or bank notes
Status: in_force

If any person (1) forge any coin, note or bill current by law or usage in this Commonwealth or any note or bill of a banking company, (2) fraudulently make any base coin, or a note or bill purporting to be the note or bill of a banking company, when such company does not exist, or (3) utter, or attempt to employ as true, or sell, exchange, or deliver, or offer to sell, exchange, or deliver, or receive on sale, exchange, or delivery, with intent to utter or employ, or to have the same uttered or employed as true, any such false, forged, or base coin, note or bill, knowing it to be so, he shall be guilty of a Class 4 felony.

Code 1950, § 18.1-94; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-157 — Virginia Code / Title 18.2 / Chapter 5 / Article 8 / Section 18.2-157
Injury to fences or cattle stops along line of railroad
Status: in_force

Any person who shall willfully or maliciously cut, break down, injure or destroy any fence erected along the line of any railroad for the purpose of fencing the track or depot grounds of such road, or shall break down, injure or destroy any cattle stop along the line of any railroad, shall be guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-155; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-473.1 — Virginia Code / Title 18.2 / Chapter 10 / Article 7 / Section 18.2-473.1
Communication with prisoners or committed person; penalty
Status: in_force

It shall be unlawful for any person outside of any state or local correctional facility or any juvenile correctional center, other than the jailers or custodial officers in charge of the prisoners or in charge of the persons committed to the Department of Juvenile Justice, to communicate without authority by word or sign with the intent to disrupt institutional operations with any prisoner confined within a state or local correctional facility or with any person committed to the Department of Juvenile Justice in any juvenile correctional center. Any person violating this section is guilty of a Class 4 misdemeanor.

1982, c. 636; 2000, c. 286 ; 2013, cc. 707 , 782 .
Va. Code Ann. § 18.2-43 — Virginia Code / Title 18.2 / Chapter 4 / Article 2 / Section 18.2-43
Apprehension and prosecution of participants in lynching
Status: in_force

The attorney for the Commonwealth of any county or city in which a lynching may occur shall promptly and diligently endeavor to ascertain the identity of the persons who in any way participated therein, or who composed the mob which perpetrated the same, and have them apprehended, and shall promptly proceed with the prosecution of any and all persons so found; and to the end that such offenders may not escape proper punishment, such attorney for the Commonwealth may be assisted in all such endeavors and prosecutions by the Attorney General, or other prosecutors designated by the Governor for the purpose; and the Governor may have full authority to spend such sums as he may deem necessary for the purpose of seeking out the identity, and apprehending the members of such mob.

Code 1950, § 18.1-32; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-376 — Virginia Code / Title 18.2 / Chapter 8 / Article 5 / Section 18.2-376
Advertising, etc., obscene items, exhibitions or performances
Status: in_force

It shall be unlawful for any person knowingly to prepare, print, publish, or circulate, or cause to be prepared, printed, published or circulated, any notice or advertisement of any obscene item proscribed in § 18.2-373 , or of any obscene performance or exhibition proscribed in § 18.2-375 , stating or indicating where such obscene item, exhibition, or performance may be purchased, obtained, seen or heard.

Code 1950, § 18.1-231; 1960, c. 233; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-425.1 — Virginia Code / Title 18.2 / Chapter 9 / Article 6 / Section 18.2-425.1
Repealed
Status: repealed

Repealed by Acts 2009, c. 699 , cl. 2.
Va. Code Ann. § 18.2-308.2:1 — Virginia Code / Title 18.2 / Chapter 7 / Article 7 / Section 18.2-308.2:1
Prohibiting the selling, etc., of firearms to certain persons; penalties
Status: in_force

Any person who sells, barters, gives, or furnishes, or has in his possession or under his control with the intent of selling, bartering, giving, or furnishing, any firearm to any person he knows is prohibited from possessing or transporting a firearm pursuant to § 18.2-308.1:1 , 18.2-308.1:2 , or 18.2-308.1:3 , subsection B of § 18.2-308.1:4 , § 18.2-308.1:6 or 18.2-308.2 , subsection B of § 18.2-308.2:01 , or § 18.2-308.7 is guilty of a Class 4 felony.

Any person who sells, barters, gives, or furnishes, or has in his possession or under his control with the intent of selling, bartering, giving, or furnishing, any firearm to any person he knows is prohibited from purchasing, possessing, or transporting a firearm pursuant to § 18.2-308.1:7 , 18.2-308.1:8 , or 18.2-308.1:9 is guilty of a Class 1 misdemeanor.

However, this prohibition shall not be applicable when the person convicted of the felony or misdemeanor, adjudicated delinquent, or acquitted by reason of insanity has (i) been issued a permit pursuant to subsection C of § 18.2-308.2 or been granted relief pursuant to subsection B of § 18.2-308.1:1 or § 18.2-308.1:2 or 18.2-308.1:3 ; (ii) been pardoned or had his political disabilities removed in accordance with subsection B of § 18.2-308.2 ; or (iii) obtained a permit to ship, transport, possess, or receive firearms pursuant to the laws of the United States.

1988, c. 327; 1990, c. 692; 1993, cc. 467, 494, 882, 926; 2004, c. 995 ; 2008, c. 408 ; 2011, c. 775 ; 2013, c. 797 ; 2020, cc. 887 , 888 , 1173 , 1221 , 1260 ; 2021, Sp. Sess. I, c. 555 ; 2026, cc. 1106 , 1107 .
Va. Code Ann. § 18.2-83 — Virginia Code / Title 18.2 / Chapter 5 / Article 1 / Section 18.2-83
Threats to bomb, damage, or discharge a firearm within or at buildings or means of transportation; false information as to danger to such buildings, etc.; punishment; venue
Status: in_force

A. Any person (i) who makes and communicates to another by any means any threat to bomb, burn, destroy, discharge a firearm within or at, or in any manner damage any place of assembly, building or other structure, or means of transportation or (ii) who communicates to another, by any means, information, knowing the same to be false, as to the existence of any peril of bombing, burning, destruction, discharging of a firearm within or at, or damage to any such place of assembly, building or other structure, or means of transportation is guilty of a Class 5 felony, provided, however, that if such person is under 18 years of age, he is guilty of a Class 1 misdemeanor.

B. A violation of this section may be prosecuted either in the jurisdiction from which the communication was made or in the jurisdiction where the communication was received.

Code 1950, §§ 18.1-78.1 through 18.2-78.4; 1960, c. 358; 1975, cc. 14, 15; 1982, c. 502; 2020, c. 1002 ; 2022, c. 336 ; 2025, c. 368 .
Va. Code Ann. § 18.2-374.1 — Virginia Code / Title 18.2 / Chapter 8 / Article 5 / Section 18.2-374.1
Production, publication, sale, financing, etc., of child pornography; presumption as to age
Status: in_force

A. For purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, "child pornography" means sexually explicit visual material that (i) utilizes or has as a subject an identifiable minor or (ii) depicts a minor in a state of nudity or engaged in sexual conduct, as those terms are defined in § 18.2-390 , where such depiction is obscene as defined in § 18.2-372 . An identifiable minor is a person who was a minor at the time the visual depiction was created, adapted, or modified; or whose image as a minor was used in creating, adapting or modifying the visual depiction; and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and shall not be construed to require proof of the actual identity of the identifiable minor. For the purposes of clause (ii), the minor depicted does not have to actually exist.

For the purposes of this article and Article 4 (§ 18.2-362 et seq.) of this chapter, the term "sexually explicit visual material" means a picture, photograph, drawing, sculpture, motion picture film, digital image, including such material stored in a computer's temporary Internet cache when three or more images or streaming videos are present, or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390 , or sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in § 18.2-390 , or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.

B. A person shall be guilty of production of child pornography who:

1. Accosts, entices or solicits a person less than 18 years of age with intent to induce or force such person to perform in or be a subject of child pornography; or

2. Produces or makes or attempts or prepares to produce or make child pornography; or

3. Who knowingly takes part in or participates in the filming, photographing, or other production of child pornography by any means; or

4. Knowingly finances or attempts or prepares to finance child pornography.

5. [Repealed.]

B1. [Repealed.]

C1. Any person who violates this section, when the subject of the child pornography is a child less than 15 years of age, shall be punished by not less than five years nor more than 30 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography the person shall be punished by a term of imprisonment of not less than five years nor more than 30 years in a state correctional facility, five years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section where the person is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 15 years nor more than 40 years, 15 years of which shall be a mandatory minimum term of imprisonment.

C2. Any person who violates this section, when the subject of the child pornography is a person at least 15 but less than 18 years of age, shall be punished by not less than one year nor more than 20 years in a state correctional facility. However, if the person is at least seven years older than the subject of the child pornography the person shall be punished by term of imprisonment of not less than three years nor more than 30 years in a state correctional facility, three years of which shall be a mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this section when he is at least seven years older than the subject shall be punished by a term of imprisonment of not less than 10 years nor more than 30 years, 10 years of which shall be a mandatory minimum term of imprisonment.

C3. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.

D. For the purposes of this section it may be inferred by text, title or appearance that a person who is depicted as or presents the appearance of being less than 18 years of age in sexually explicit visual material is less than 18 years of age.

E. Venue for a prosecution under this section may lie in the jurisdiction where the unlawful act occurs, where the alleged offender resides, or where any sexually explicit visual material associated with a violation of this section is produced, reproduced, found, stored, or possessed.

1979, c. 348; 1983, c. 524; 1986, c. 585; 1992, c. 234; 1995, c. 839 ; 2007, cc. 418 , 759 , 823 ; 2013, cc. 761 , 774 ; 2015, c. 709 ; 2020, c. 489 ; 2024, c. 262 .
Va. Code Ann. § 18.2-4 — Virginia Code / Title 18.2 / Chapter 1 / Article 1 / Section 18.2-4
References to former sections, articles and chapters of Title 18.1 and others
Status: in_force

Whenever in this title any of the conditions, requirements, provisions or contents of any section, article or chapter of Title 18.1 or any other title of this Code as such titles existed prior to October 1, 1975, are transferred in the same or in modified form to a new section, article or chapter of this title or any other title of this Code and whenever any such former section, article or chapter is given a new number in this or any other title, all references to any such former section, article or chapter of Title 18.1 or such other title appearing elsewhere in this Code than in this title shall be construed to apply to the new or renumbered section, article or chapter containing such conditions, requirements, provisions or contents or portions thereof.

1975, cc. 14, 15.
Va. Code Ann. § 18.2-488 — Virginia Code / Title 18.2 / Chapter 11 / Article 2 / Section 18.2-488
Mutilating, defacing, etc
Status: in_force

No person shall publicly burn with contempt, mutilate, deface, defile, trample upon, or wear with intent to defile any such flag, standard, color, ensign or shield.

Code 1950, § 18.1-425; 1960, c. 358; 1968, c. 349; 1975, cc. 14, 15, 493.
Va. Code Ann. § 18.2-143 — Virginia Code / Title 18.2 / Chapter 5 / Article 6 / Section 18.2-143
Pulling down fences or leaving open gates
Status: in_force

If any person, without permission of the owner, pull down the fence of another and leave the same down, or, without permission, open and leave open the gate of another, or any gate across a public road established by order of court, or if any person other than the owner or owners of the lands through which a line of railroad runs open and leave open a gate at any public or private crossing of the right-of-way of a railroad, he shall be guilty of a Class 4 misdemeanor.

Code 1950, § 18.1-176; 1960, c. 358; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-248.6 — Virginia Code / Title 18.2 / Chapter 7 / Article 1 / Section 18.2-248.6
Repealed
Status: repealed

Repealed by Acts 1999, c. 348 , cl. 2.
Va. Code Ann. § 18.2-423.2 — Virginia Code / Title 18.2 / Chapter 9 / Article 5 / Section 18.2-423.2
Displaying noose on property of another or a highway or other public place with intent to intimidate; penalty
Status: in_force

A. Any person who, with the intent of intimidating any person or group of persons, displays a noose on the private property of another without permission is guilty of a Class 6 felony.

B. Any person who, with the intent of intimidating any person or group of persons, displays a noose on a highway or other public place in a manner having a direct tendency to place another person in reasonable fear or apprehension of death or bodily injury is guilty of a Class 6 felony.

2009, c. 277 .
Va. Code Ann. § 18.2-308 — Virginia Code / Title 18.2 / Chapter 7 / Article 6.1 / Section 18.2-308
Carrying concealed weapons; exceptions; penalty
Status: in_force

A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, stiletto knife, ballistic knife, machete, razor, sling bow, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he is guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. It shall be an affirmative defense to a violation of clause (i) regarding a handgun, that a person had been issued, at the time of the offense, a valid concealed handgun permit.

B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.

C. Except as provided in subsection A of § 18.2-308.012 , this section shall not apply to:

1. Any person while in his own place of business;

2. Any law-enforcement officer, or retired law-enforcement officer pursuant to § 18.2-308.016 , wherever such law-enforcement officer may travel in the Commonwealth;

3. Any person who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;

4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;

5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;

6. Any person actually engaged in lawful hunting, as authorized by the Board of Wildlife Resources, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;

7. Any attorney for the Commonwealth or assistant attorney for the Commonwealth, wherever such attorney may travel in the Commonwealth;

8. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel;

9. Any enrolled participant of a firearms training course who is at, or going to or from, a training location, provided that the weapons are unloaded and securely wrapped while being transported; and

10. Any judge or justice of the Commonwealth, wherever such judge or justice may travel in the Commonwealth.

D. This section shall also not apply to any of the following individuals while in the discharge of their official duties, or while in transit to or from such duties:

1. Carriers of the United States mail;

2. Officers or guards of any state correctional institution;

3. Conservators of the peace, except that a judge or justice of the Commonwealth, an attorney for the Commonwealth, or an assistant attorney for the Commonwealth may carry a concealed handgun pursuant to subdivisions C 7 and 10. However, the following conservators of the peace shall not be permitted to carry a concealed handgun without obtaining a permit as provided in this article: (i) notaries public; (ii) registrars; (iii) drivers, operators, or other persons in charge of any motor vehicle carrier of passengers for hire; or (iv) commissioners in chancery; and

4. Noncustodial employees of the Department of Corrections designated to carry weapons by the Director of the Department of Corrections pursuant to § 53.1-29 .

Code 1950, § 18.1-269; 1960, c. 358; 1964, c. 130; 1975, cc. 14, 15, 594; 1976, c. 302; 1978, c. 715; 1979, c. 642; 1980, c. 238; 1981, c. 376; 1982, cc. 71, 553; 1983, c. 529; 1984, cc. 360, 720; 1985, c. 427; 1986, cc. 57, 451, 625, 641; 1987, cc. 592, 707; 1988, cc. 359, 793; 1989, cc. 538, 542; 1990, cc. 640, 648, 825; 1991, c. 637; 1992, cc. 510, 705; 1993, cc. 748, 861; 1994, cc. 375 , 697 ; 1995, c. 829 ; 1997, cc. 916 , 921 , 922 ; 1998, cc. 662 , 670 , 846 , 847 ; 1999, cc. 628 , 666 , 679 ; 2001, cc. 25 , 384 , 657 ; 2002, cc. 699 , 728 , 826 ; 2004, cc. 355 , 423 , 462 , 876 , 885 , 900 , 901 , 903 , 905 , 926 , 995 , 1012 ; 2005, cc. 344 , 420 , 424 , 441 , 839 ; 2006, c. 886 ; 2007, cc. 87 , 272 , 408 , 455 ; 2008, cc. 69 , 75 , 80 , 309 , 464 , 742 ; 2009, cc. 235 , 779 , 780 ; 2010, cc. 387 , 433 , 576 , 586 , 602 , 677 , 700 , 709 , 740 , 741 , 754 , 841 , 863 ; 2011, cc. 231 , 234 , 384 , 410 ; 2012, cc. 132 , 175 , 291 , 557 , 776 ; 2013, cc. 559 , 746 ; 2014, cc. 45 , 225 , 450 ; 2015, cc. 38 , 221 , 730 ; 2016, cc. 257 , 589 , 672 ; 2020, cc. 142 , 958 ; 2023, c. 611 .
Va. Code Ann. § 18.2-323.02 — Virginia Code / Title 18.2 / Chapter 7 / Article 8 / Section 18.2-323.02
Prohibition against concealment of dead body; penalty
Status: in_force

Any person who transports, secretes, conceals or alters a dead body, as defined in § 32.1-249 , with malicious intent and to prevent detection of an unlawful act or to prevent the detection of the death or the manner or cause of death is guilty of a Class 6 felony.

2007, c. 436 .
Va. Code Ann. § 18.2-77 — Virginia Code / Title 18.2 / Chapter 5 / Article 1 / Section 18.2-77
Burning or destroying dwelling house, etc
Status: in_force

A. If any person maliciously (i) burns, or by use of any explosive device or substance destroys, in whole or in part, or causes to be burned or destroyed, or (ii) aids, counsels or procures the burning or destruction of any dwelling house or manufactured home whether belonging to himself or another, or any occupied hotel, hospital, mental health facility, or other house in which persons usually dwell or lodge, any occupied railroad car, boat, vessel, or river craft in which persons usually dwell or lodge, or any occupied jail or prison, or any occupied church or occupied building owned or leased by a church that is immediately adjacent to a church, he shall be guilty of a felony, punishable by imprisonment for life or for any period not less than five years and, subject to subdivision g of § 18.2-10 , a fine of not more than $100,000. Any person who maliciously sets fire to anything, or aids, counsels or procures the setting fire to anything, by the burning whereof such occupied dwelling house, manufactured home, hotel, hospital, mental health facility or other house, or railroad car, boat, vessel, or river craft, jail or prison, church or building owned or leased by a church that is immediately adjacent to a church, is burned shall be guilty of a violation of this subsection.

B. Any such burning or destruction when the building or other place mentioned in subsection A is unoccupied, shall be punishable as a Class 4 felony.

C. For purposes of this section, "church" shall be defined as in § 18.2-127 .

Code 1950, § 18.1-75; 1960, c. 358; 1975, cc. 14, 15; 1977, c. 63; 1978, c. 443; 1993, c. 406; 1997, c. 832 .
Va. Code Ann. § 18.2-186.2 — Virginia Code / Title 18.2 / Chapter 6 / Article 5 / Section 18.2-186.2
False statements or failure to disclose material facts in order to obtain aid or benefits under any local, state or federal housing assistance program
Status: in_force

Any person who (i) knowingly makes or causes to be made either directly or indirectly or through any agent or agency, any false statement in writing with the intent that it shall be relied upon, or fails to disclose any material fact concerning the financial means or ability to pay of himself or of any other person for whom he is acting, for the purpose of procuring aid and benefits available under any local, state or federally funded housing assistance program, or (ii) knowingly fails to disclose a change in circumstances in order to obtain or continue to receive under any such program aid or benefits to which he is not entitled or who knowingly aids and abets another person in the commission of any such act is guilty of a Class 1 misdemeanor.

1980, c. 303.
Va. Code Ann. § 18.2-423.1 — Virginia Code / Title 18.2 / Chapter 9 / Article 5 / Section 18.2-423.1
Placing Nazi symbol or emblem on certain property with intent to intimidate; penalty; prima facie evidence of intent
Status: in_force

A. It is unlawful for any person or persons, with the intent of intimidating another person or group of persons, to place or cause to be placed a Hakenkreuz, hooked cross, or Nazi symbol or emblem, sometimes referred to as the Nazi swastika, on (i) any church, synagogue, or other building or place used for religious worship; (ii) any school, educational facility, or community center owned or operated by a church or religious body; or (iii) the private property of another without permission.

B. It is unlawful for any person or persons, with the intent of intimidating another person or group of persons, to place or cause to be placed a Hakenkreuz, hooked cross, or Nazi symbol or emblem, sometimes referred to as the Nazi swastika, on a highway or other public place in a manner having a direct tendency to place another person in reasonable fear or apprehension of death or bodily injury.

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

D. For the purposes of this section, any such placing of a Hakenkreuz, hooked cross, or Nazi symbol or emblem, sometimes referred to as the Nazi swastika, shall be prima facie evidence of an intent to intimidate another person or group of persons. However, these terms do not include and are distinct from the sacred swastika word and symbol of peace and prosperity used by Hinduism, Buddhism, Jainism, Zoroastrianism, or Native American religions.

1983, c. 337; 2025, c. 673 .
Va. Code Ann. § 18.2-250 — Virginia Code / Title 18.2 / Chapter 7 / Article 1 / Section 18.2-250
Possession of controlled substances unlawful
Status: in_force

A. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).

Upon the prosecution of a person for a violation of this section, ownership or occupancy of premises or vehicle upon or in which a controlled substance was found shall not create a presumption that such person either knowingly or intentionally possessed such controlled substance.

(a) Any person who violates this section with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall be guilty of a Class 5 felony, except that any person other than an inmate of a penal institution as defined in § 53.1-1 or in the custody of an employee thereof who violates this section with respect to a cannabimimetic agent is guilty of a Class 1 misdemeanor.

(b) Any person other than an inmate of a penal institution as defined in § 53.1-1 or in the custody of an employee thereof, who violates this section with respect to a controlled substance classified in Schedule III shall be guilty of a Class 1 misdemeanor.

(b1) Violation of this section with respect to a controlled substance classified in Schedule IV shall be punishable as a Class 2 misdemeanor.

(b2) Violation of this section with respect to a controlled substance classified in Schedule V shall be punishable as a Class 3 misdemeanor.

(c) Violation of this section with respect to a controlled substance classified in Schedule VI shall be punishable as a Class 4 misdemeanor.

B. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1 , certified as handlers of dogs trained in the detection of controlled substances when possession of a controlled substance or substances is necessary in the performance of their duties.

Code 1950, § 54-524.101:2; 1972, c. 798; 1973, c. 64; 1975, cc. 14, 15; 1976, c. 614; 1978, cc. 151, 177, 179; 1979, c. 435; 1980, c. 285; 1991, c. 649; 1998, c. 116 ; 2014, cc. 674 , 719 .
Va. Code Ann. § 18.2-27 — Virginia Code / Title 18.2 / Chapter 3 / Article 2 / Section 18.2-27
Attempts to commit misdemeanors; how punished
Status: in_force

Every person who attempts to commit an offense which is a misdemeanor shall be punishable by the same punishment prescribed for the offense the commission of which was the object of the attempt.

Code 1950, § 18.1-19; 1960, c. 358; 1972, c. 52; 1975, cc. 14, 15.
Va. Code Ann. § 18.2-322.1 — Virginia Code / Title 18.2 / Chapter 7 / Article 8 / Section 18.2-322.1
Repealed
Status: repealed

Repealed by Acts 1997, c. 391 .
Va. Code Ann. § 18.2-248.2 — Virginia Code / Title 18.2 / Chapter 7 / Article 1 / Section 18.2-248.2
Repealed
Status: repealed

Repealed by Acts 1981, c. 598.
Va. Code Ann. § 18.2-308.03 — Virginia Code / Title 18.2 / Chapter 7 / Article 6.1 / Section 18.2-308.03
Fees for concealed handgun permits
Status: in_force

A. The clerk shall charge a fee of $10 for the processing of an application or issuing of a permit, including his costs associated with the consultation with law-enforcement agencies. The local law-enforcement agency conducting the background investigation may charge a fee not to exceed $35 to cover the cost of conducting an investigation pursuant to this article. The $35 fee shall include any amount assessed by the U.S. Federal Bureau of Investigation for providing criminal history record information, and the local law-enforcement agency shall forward the amount assessed by the U.S. Federal Bureau of Investigation to the State Police with the fingerprints taken from any nonresident applicant. The State Police may charge a fee not to exceed $5 to cover its costs associated with processing the application. The total amount assessed for processing an application for a permit shall not exceed $50, with such fees to be paid in one sum to the person who receives the application. Payment may be made by any method accepted by that court for payment of other fees or penalties. No payment shall be required until the application is received by the court as a complete application.

B. No fee shall be charged for the issuance of such permit to a person who has retired from service (i) as a magistrate in the Commonwealth; (ii) as a special agent with the Virginia Alcoholic Beverage Control Authority or as a law-enforcement officer with the Department of State Police, the Department of Wildlife Resources, or a sheriff or police department, bureau, or force of any political subdivision of the Commonwealth, after completing 15 years of service or after reaching age 55; (iii) as a law-enforcement officer with the U.S. Federal Bureau of Investigation, Bureau of Alcohol, Tobacco and Firearms, Secret Service Agency, Drug Enforcement Administration, United States Citizenship and Immigration Services, U.S. Customs and Border Protection, Department of State Diplomatic Security Service, U.S. Marshals Service, or Naval Criminal Investigative Service, after completing 15 years of service or after reaching age 55; (iv) as a law-enforcement officer with any police or sheriff's department within the United States, the District of Columbia, or any of the territories of the United States, after completing 15 years of service; (v) as a law-enforcement officer with any combination of the agencies listed in clauses (ii) through (iv), after completing 15 years of service; (vi) as a designated boarding team member or boarding officer of the United States Coast Guard, after completing 15 years of service or after reaching age 55; (vii) as a correctional officer as defined in § 53.1-1 , after completing 15 years of service; or (viii) as a probation and parole officer authorized pursuant to § 53.1-143 , after completing 15 years of service.

2013, cc. 135 , 559 , 746 ; 2015, cc. 38 , 730 ; 2017, c. 241 ; 2020, c. 958 .