dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-312. Illegal use of tear gas, phosgene and other gases.
If any person maliciously release or cause or procure to be released in any private home, place of business or place of public gathering any tear gas, mustard gas, phosgene gas or other noxious or nauseating gases or mixtures of chemicals designed to, and capable of, producing vile or injurious or nauseating odors or gases, and bodily injury results to any person from such gas or odor, the offending person shall be guilty of a Class 3 felony.

If such act be done unlawfully, but not maliciously, the offending person shall be guilty of a Class 6 felony.

Nothing herein contained shall prevent the use of tear gas or other gases by police officers or other peace officers in the proper performance of their duties, or by any person or persons in the protection of person, life or property.

Code 1950, § 18.1-70; 1960, c. 358; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-313. Handling or using snakes so as to endanger human life or health.
It shall be unlawful for any person, or persons, to display, exhibit, handle or use any poisonous or dangerous snake or reptile in such a manner as to endanger the life or health of any person.

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

Code 1950, § 18.1-72; 1960, c. 358; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-313.1. Withholding information about possibly rabid animal; penalty.
It shall be unlawful for any person to (i) knowingly withhold information from, or knowingly give false information to, any lawfully authorized governmental agent which would reasonably lead to the discovery or location and capture of any animal reasonably identifiable as one that has potentially exposed a human being to rabies; (ii) upon the request of an animal control officer, a law-enforcement officer, or an official of the Department of Health, willfully fail to grant access to any animal owned, harbored, or kept by that person that is suspected of having caused a rabies exposure to a human being; or (iii) upon notice by an animal control officer, a law-enforcement officer, or an official of the Department of Health, willfully fail to comply with a confinement, isolation, or quarantine order.

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

1989, c. 491; 2010, c. 834.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-313.2. Introduction of snakehead fish or zebra mussel; penalty.
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.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-314. Failing to secure medical attention for injured child.
Any parent or other person having custody of a minor child which child shows evidence of need for medical attention as the result of physical injury inflicted by an act of any member of the household, whether the injury was intentional or unintentional, who knowingly fails or refuses to secure prompt and adequate medical attention, or who conspires to prevent the securing of such attention, for such minor child, shall be guilty of a Class 1 misdemeanor; provided, however, that any parent or other person having custody of a minor child that is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not, for that reason alone, be considered in violation of this section.

Code 1950, § 18.1-74.2; 1966, c. 578; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-315. Repealed.
Repealed by Acts 1980, c. 173.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-316. Duty of persons causing well or pit to be dug to fill it before abandonment.
Any person who has caused to be dug on his own land or the land of another any well or pit, shall fill such well or pit with earth so that the same shall not be dangerous to human beings, animals or fowls before such well or such pit is abandoned; and any person owning land whereon any such well or pit is located shall in the same manner fill with earth any such well or pit which has been abandoned, provided such person has knowledge of the existence of such well or pit.

But in the case of mining operations in lieu of filling the shaft or pit the owner or operator thereof on ceasing operations in such shaft or pit shall securely fence the same and keep the same at all times thereafter securely fenced.

Any person violating any provision of this section shall be deemed guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-73; 1960, c. 358; 1975, cc. 14, 15.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-317. Covers to be kept on certain wells.
Every person owning or occupying any land on which there is a well having a diameter greater than six inches and which is more than ten feet deep shall at all times keep the same covered in such a manner as not to be dangerous to human beings, animals or fowls.

Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-74; 1960, c. 358; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-318. Authority of counties, cities and towns to require and regulate well covers.
Notwithstanding the provisions of § 18.2-317, the governing body of any county, city or town may adopt ordinances requiring persons owning or occupying any land within such county, city or town on which there is a well having a diameter greater than six inches and which is more than ten feet deep to keep the same covered in such a manner as not to be dangerous to human beings, animals or fowls.

Any such ordinance may specify and require reasonable minimum standards for the construction, installation and maintenance of such covers, including the manner in which any concrete used in connection therewith shall be reinforced, and may prescribe punishment for violations not inconsistent with general law.

Code 1950, § 18.1-74.1; 1962, c. 525; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-319. Discarding or abandoning iceboxes, etc.; precautions required.
It shall be unlawful for any person, firm or corporation to discard, abandon, leave or allow to remain in any place any icebox, refrigerator or other container, device or equipment of any kind with an interior storage area of more than two cubic feet of clear space which is airtight, without first removing the door or doors or hinges from such icebox, refrigerator, container, device or equipment.

This section shall not apply to any icebox, refrigerator, container, device or equipment which is being used for the purpose for which it was originally designed, or is being used for display purposes by any retail or wholesale merchant, or is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.

Any violation of the provisions of this section shall be punishable as a Class 3 misdemeanor.

Code 1950, § 18.1-415; 1960, c. 358; 1975, cc. 14, 15.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-320. Sale, etc., of plastic bags; warning required.
(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.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-321. Using X ray, fluoroscope, etc., in the fitting of footwear.
It shall be unlawful for any person to use any X ray, fluoroscope, or other equipment or apparatus employing roentgen rays, in the fitting of shoes or other footwear. This section shall not apply to any licensed physician or surgeon in the practice of his profession. Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-416; 1960, c. 358; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-322. Expectorating in public places.
No person shall spit, expectorate, or deposit any sputum, saliva, mucus, or any form of saliva or sputum upon the floor, stairways, or upon any part of any public building or place where the public assemble, or upon the floor of any part of any public conveyance, or upon any sidewalk abutting on any public street, alley or lane of any town or city.

Any person violating any provision of this section shall be guilty of a Class 4 misdemeanor.

Code 1950, § 32-69; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-322.1. Repealed.
Repealed by Acts 1997, c. 391.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-323. Leaving disabled or dead animal in road, or allowing dead animal to remain unburied.
If any person cast any dead animal into a road or knowingly permit any dead animal to remain unburied upon his property when offensive to the public or, having in custody any maimed, diseased, disabled or infirm animal, leave it to lie or be in a street, road or public place, he shall be guilty of a Class 3 misdemeanor.

Code 1950, § 32-70.1; 1958, c. 548; 1970, c. 72; 1975, cc. 14, 15.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-323.01. Prohibition against disposal of dead body; penalty.
It shall be unlawful for any person to dispose of a dead body as defined in § 32.1-249 (i) on private property without the written permission of the landowner or (ii) on public property.

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

1992, c. 883.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-323.02. Prohibition against concealment of dead body; penalty.
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.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-323.1. Drinking while operating a motor vehicle; possession of open container while operating a motor vehicle and presumption; penalty.
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.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-324. Throwing or depositing certain substances upon highway; removal of such substances.
No person shall throw or deposit or cause to be deposited upon any highway any glass bottle, glass, nail, tack, wire, can, or any other substance likely to injure any person or animal, or damage any vehicle upon such highway, nor shall any person throw or deposit or cause to be deposited upon any highway any soil, sand, mud, gravel or other substances so as to create a hazard to the traveling public. Any person who drops, or permits to be dropped or thrown, upon any highway any destructive, hazardous or injurious material shall immediately remove the same or cause it to be removed. Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. Any persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

This section shall not apply to the use, by a law-enforcement officer while in the discharge of official duties, of any device designed to deflate tires. The Division of Purchase and Supply shall, pursuant to § 2.2-1112, set minimum standards for such devices and shall give notice of such standards to law-enforcement offices in the Commonwealth. No such device shall be used which does not meet or exceed the standards.

Code 1950, § 33.1-350; 1970, c. 322; 1975, cc. 14, 15; 1997, c. 136.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-324.1. Repealed.
Repealed by Acts 2019, c. 712, cl. 11, effective October 1, 2019.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 7 (CRIMES INVOLVING HEALTH AND SAFETY)
§ 18.2-324.2. Use of unmanned aircraft system for certain purposes; penalty.
A. It is unlawful for any person who is required to register pursuant to § 9.1-901 to use or operate an unmanned aircraft system to knowingly and intentionally (i) follow or contact another person without permission of such person or (ii) capture the images of another person without permission of such person when such images render the person recognizable by his face, likeness, or other distinguishing characteristic.

B. It is unlawful for a respondent of a protective order issued pursuant to § 16.1-279.1 or 19.2-152.10 to knowingly and intentionally use or operate an unmanned aircraft system to follow, contact, or capture images of the petitioner of the protective order or any other individual named in the protective order.

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

2018, cc. 851, 852.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-325.1. Repealed.
Repealed by Acts 2011, cc. 879 and 887, cl. 2.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-326. Penalty for illegal gambling.
Except as otherwise provided in this article, any person who illegally gambles or engages in interstate gambling as defined in § 18.2-325 shall be guilty of a Class 3 misdemeanor. If an association or pool of persons illegally gamble, each person therein shall be guilty of illegal gambling.

However, if any person makes, places, or receives any bet or wager of money or other thing of value on a horse race in the Commonwealth, whether the race is inside or outside the limits of the Commonwealth at any place or through any means other than (i) at a racetrack licensed by the Virginia Racing Commission pursuant to Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 or (ii) at a satellite facility or through advance deposit account wagering, as those terms are defined in § 59.1-365, licensed by the Virginia Racing Commission pursuant to Chapter 29 (§ 59.1-364 et seq.) of Title 59.1, such person shall be guilty of a Class 1 misdemeanor. For the purposes of this paragraph, venue shall be in any county or city in which any act was performed in furtherance of any course of conduct constituting illegal gambling.

Code 1950, § 18.1-316; 1960, c. 358; 1973, c. 463; 1975, cc. 14, 15; 1992, c. 423; 2011, c. 732.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-327. Winning by fraud; penalty.
If any person while gambling cheats or by fraudulent means wins or acquires for himself or another money or any other valuable thing, he shall be fined not less than five nor more than ten times the value of such winnings. This penalty shall be in addition to any other penalty imposed under this article.

Code 1950, § 18.1-318; 1960, c. 358; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-328. Conducting illegal gambling operation; penalties.
The operator of an illegal gambling enterprise, activity or operation shall be guilty of a Class 6 felony. However, any such operator who engages in an illegal gambling operation which (i) has been or remains in substantially continuous operation for a period in excess of thirty days or (ii) has gross revenue of $2,000 or more in any single day shall be fined not more than $20,000 and imprisoned not less than one year nor more than ten years.

As used in this section, the term "gross revenue" means the total amount of illegal gambling transactions handled, dealt with, received by or placed with such operation, as distinguished from any net figure or amount from which deductions are taken, without regard to whether money or any other thing of value actually changes hands.

Code 1950, § 18.1-318.1; 1972, c. 364; 1975, cc. 14, 15; 1983, c. 331.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-329. Owners, etc., of gambling place permitting its continuance; penalty.
If the owner, lessee, tenant, occupant or other person in control of any place or conveyance, knows, or reasonably should know, that it is being used for illegal gambling, and permits such gambling to continue without having notified a law-enforcement officer of the presence of such illegal gambling activity, he shall be guilty of a Class 1 misdemeanor.

Code 1950, §§ 18.1-319, 18.1-324, 18.1-337, 18.1-339; 1960, c. 358; 1968, c. 401; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-330. Accessories to gambling activity; penalty.
Any person, firm or association of persons, other than those persons specified in other sections of this article, who knowingly aids, abets or assists in the operation of an illegal gambling enterprise, activity or operation, shall be guilty of a Class 1 misdemeanor.

Code 1950, §§ 18.1-319, 18.1-325; 1960, c. 358; 1968, c. 401; 1975, cc. 14, 15; 1984, c. 625.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-331. Illegal possession, etc., of gambling device; penalty.
A person is guilty of illegal possession of a gambling device when he manufactures, sells, transports, rents, gives away, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of any gambling device, believing or having reason to believe that the same is to be used in the advancement of unlawful gambling activity. Violation of any provision of this section shall constitute a Class 1 misdemeanor.

Code 1950, §§ 18.1-323, 18.1-329, 18.1-330; 1960, c. 358; 1962, c. 633; 1964, c. 371; 1975, cc. 14, 15.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-331.1. Operation of gambling devices at unregulated locations; civil penalty.
A. In addition to any other penalty provided by law, any person who conducts, finances, manages, supervises, directs, sells, or owns a gambling device that is located in an unregulated location is subject to a civil penalty of up to $25,000 for each gambling device located in such unregulated location.

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

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

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

2021, Sp. Sess. I, cc. 329, 546; 2022, c. 553.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-332. Certain acts not deemed "consideration" in prosecution under this article.
In any prosecution under this article, no consideration shall be deemed to have passed or been given because of any person's attendance upon the premises of another; his execution, mailing or delivery of an entry blank; his answering of questions, verbally or in writing; his witnessing of a demonstration or other proceeding; or any one or more thereof, where no charge is made to, paid by, or any purchase required of him in connection therewith.

Code 1950, § 18.1-340.1; 1960, c. 226; 1975, cc. 14, 15.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-333. Exceptions to article; certain sporting events.
Nothing in this article shall be construed to prevent any contest of speed or skill between men, animals, fowl or vehicles, where participants may receive prizes or different percentages of a purse, stake or premium dependent upon whether they win or lose or dependent upon their position or score at the end of such contest.

Any participant who, for the purpose of competing for any such purse, stake or premium offered in any such contest, knowingly and fraudulently enters any contestant other than the contestant purported to be entered or knowingly and fraudulently enters a contestant in a class in which it does not belong, shall be guilty of a Class 3 misdemeanor.

Code 1950, §§ 18.1-319, 18.1-322; 1960, c. 358; 1968, c. 401; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-334. Exception to article; private residences.
Nothing in this article shall be construed to make it illegal to participate in a game of chance conducted in a private residence, provided such private residence is not commonly used for such games of chance and there is no operator as defined in subsection 4 of § 18.2-325.

Code 1950, § 18.1-327; 1960, c. 358; 1975, cc. 14, 15; 1992, c. 423.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-334.1. Defeated at referendum.
Defeated at referendum.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-334.2. Same; bingo games, raffles, duck races, and Texas Hold'em poker tournaments conducted by certain organizations.
Nothing in this article shall apply to any bingo game, instant bingo, network bingo, raffle, duck race, or Texas Hold'em poker tournament conducted solely by organizations as defined in § 18.2-340.16 which have received a permit as set forth in § 18.2-340.25, or which are exempt from the permit requirement under § 18.2-340.23.

1979, c. 420; 1993, c. 513; 1995, c. 837; 2013, cc. 36, 350; 2020, c. 982.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-334.3. Exemptions to article.
Nothing in this article shall apply to:

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

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

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

1987, c. 531; 2020, cc. 1218, 1256; 2024, cc. 311, 358.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-334.4. Exemptions to article; pari-mutuel wagering.
Nothing in this article shall be construed to make it illegal to participate in any race meeting or pari-mutuel wagering conducted in accordance with Chapter 29 (§ 59.1-364 et seq.) of Title 59.1.

1988, c. 855.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-334.5. Exemptions to article; certain gaming operations.
Nothing in this article shall be construed to make it illegal to participate in any casino gaming operation conducted in accordance with Chapter 41 (§ 58.1-4100 et seq.) of Title 58.1.

2020, cc. 1197, 1248.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-334.6. Exemptions to article; amusement devices.
A. As used in this section:

"Amusement device" means a game that is activated by a coin, token, or other object of consideration or value and that does not provide the opportunity to (i) enter into a sweepstakes, lottery, or other illegal gambling event or (ii) receive any form of consideration or value, except for an appropriate reward.

"Appropriate reward" means a noncash, merchandise prize (i) the value of which does not exceed the cost of playing the amusement device or the total aggregate cost of playing multiple amusement devices, (ii) that is not and does not include an alcoholic beverage, (iii) that is not eligible for repurchase, and (iv) that is not exchangeable for cash or cash equivalents.

B. A person may make amusement devices available for play if the prize won or distributed to a player is a noncash, merchandise prize or a voucher, billet, ticket, token, or electronic credit redeemable only for an appropriate reward. An appropriate reward shall only be redeemable on the premises where the amusement device is located.

C. An amusement device shall not be designed or adapted to cause or enable a person to cause the release of free games or portions of games when designated as a potential reward for use of the device and shall not contain any meter or other measurement device to record the number of free games or portions of games that are rewarded.

D. An amusement device shall not be 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 is ordinarily required to play the game.

2020, cc. 1217, 1277, § 18.2-334.5; 2022, Sp. Sess. I, c. 2; 2023, Sp. Sess. I, c. 1.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-335. Repealed.
Repealed by Acts 1979, c. 420.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-336. Repealed.
Repealed by Acts 2004, c. 995.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-337. Immunity of witnesses from prosecution.
No witness called by the Commonwealth or by the court, giving evidence either before the grand jury or in any prosecution under this article, shall ever be prosecuted for the offense being prosecuted concerning which he testifies. Such witness shall be compelled to testify and for refusing to do so may be punished for contempt.

Code 1950, § 19.1-266; 1960, c. 366; 1975, cc. 14, 15.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-338. Enforcement of § 18.2-331 by Governor and Attorney General.
If it shall come to the knowledge of the Governor that § 18.2-331 is not being enforced in any county, city or town, the Governor may call upon the Attorney General to direct its enforcement in such county, city or town, and thereupon the Attorney General may instruct the attorney for the Commonwealth, sheriff and chief of police, if any, of such county, or the attorney for the Commonwealth and chief of police of such city, or the attorney for the Commonwealth of the county in which such town is located and the chief of police or sergeant of such town, to take such steps as may be necessary to insure the enforcement of such section in such county, city or town, and if any such officers, after receiving such instructions, shall thereafter fail or refuse to exercise diligence in the enforcement of § 18.2-331, the Attorney General shall make report thereof in writing to the Governor and to the judge of the circuit court having jurisdiction over the acts thereby prohibited, and thereupon the Attorney General upon being directed so to do by the Governor, shall take such steps as he may deem proper in directing the institution and prosecution of criminal proceedings, to secure the enforcement of § 18.2-331.

Code 1950, § 18.1-334; 1960, c. 358; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-339. Enjoining offenses relating to gambling.
Whenever any person shall be engaged in committing, or in permitting to be committed, or shall be about to commit, or permit, any act prohibited by any one or more of the sections in this article, the attorney for the Commonwealth of the county or city in which such act is being, or is about to be, committed or permitted, or the Attorney General of the Commonwealth, may institute and maintain a suit in equity in the appropriate court, in the name of the Commonwealth, upon the relation of such attorney for the Commonwealth, or the Attorney General, to enjoin and restrain such person from committing, or permitting, such prohibited act or acts. The procedure in any such suit shall be similar to the procedure in other suits for injunctions, except that no bond shall be required upon the granting of either a temporary or permanent injunction therein.

Code 1950, § 18.1-343; 1960, c. 358; 1975, cc. 14, 15.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-340. County ordinances prohibiting illegal gambling.
The governing body of any county may adopt ordinances prohibiting illegal gambling, including a provision for forfeiture proceedings in accordance with Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2. Such ordinances shall not conflict with the provisions of this article or with other state laws and any penalties provided for violation of such ordinances shall not exceed a fine of $2,500 or confinement in jail for 12 months, either or both.

Code 1950, § 18.1-344; 1960, c. 358; 1975, cc. 14, 15; 1991, c. 710; 2012, cc. 283, 756.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-340.1. Repealed.
Repealed by Acts 1995, c. 837, effective July 1, 1996.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-340.15. State control of charitable gaming.
A. Charitable gaming as authorized herein shall be permitted in the Commonwealth as a means of funding qualified organizations but shall be conducted only in strict compliance with the provisions of this article. The Department of Agriculture and Consumer Services is vested with control of all charitable gaming in the Commonwealth. The Commissioner shall have the power to prescribe regulations and conditions under which such gaming shall be conducted to ensure that it is conducted in a manner consistent with the purpose for which it is permitted.

B. The conduct of any charitable gaming is a privilege that may be granted, denied, or revoked by the Department or its duly authorized representatives in its discretion in order to effectuate the purposes set forth in this article.

1995, c. 837; 2003, c. 884; 2006, c. 644; 2008, cc. 387, 689; 2022, cc. 553, 554, 609.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-340.17. Repealed.
Repealed by Acts 2003, c. 884, cl. 2.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-340.20. Denial, suspension, or revocation of permit; hearings and appeals.
A. The Department may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with the provisions of this article and Department regulations. The action of the Department in denying, suspending, or revoking any permit shall be subject to the Administrative Process Act (§ 2.2-4000 et seq.).

B. Except as provided in §§ 8.01-534, 18.2-340.25, 18.2-340.30, 18.2-340.30:2, and 18.2-340.36, no permit to conduct charitable gaming or authorization to conduct electronic gaming shall be denied, suspended, or revoked, and no charitable games or funds from charitable gaming operations shall be seized, except upon notice stating the proposed basis for such action and the time and place for the hearing. At the discretion of the Department, hearings may be conducted by hearing officers who shall be selected from the list prepared by the Executive Secretary of the Supreme Court. After a hearing on the issues, the Department may refuse to issue or may suspend or revoke any such permit or authorization if it determines that the organization has not complied with the provisions of this article or Department regulations.

C. Any person aggrieved by a refusal of the Department to issue any permit, the suspension or revocation of a permit, or any other action of the Department may seek review of such action in accordance with Article 4 (§ 2.2-4025 et seq.) of the Administrative Process Act.

1995, c. 837; 1996, c. 573; 1997, cc. 777, 838; 2000, c. 1000; 2001, c. 813; 2002, c. 282; 2003, c. 884; 2004, c. 213; 2006, c. 644; 2010, c. 711; 2022, cc. 553, 554, 609, 722, 767.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-340.21. Repealed.
Repealed by Acts 2003, c. 884, cl. 2.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-340.22. Permitted forms of gaming; prizes not gaming contracts.
A. This article permits qualified organizations to conduct (i) raffles, bingo, network bingo, instant bingo games, and Texas Hold'em poker tournaments and (ii) electronic gaming authorized pursuant to the provisions of § 18.2-340.26:3. All games not explicitly authorized by this article or Department regulations adopted in accordance with § 18.2-340.19 are prohibited. Nothing herein shall be construed to authorize the Department to approve the conduct of any other form of poker in the Commonwealth.

B. The award of any prize money for any charitable game shall not be deemed to be part of any gaming contract within the purview of § 11-14.

C. Nothing in this article shall prohibit an organization from using the Virginia Lottery's Pick-3 number or any number or other designation selected by the Virginia Lottery in connection with any lottery, as the basis for determining the winner of a raffle.

1995, c. 837; 1997, cc. 777, 838; 2003, c. 884; 2013, cc. 36, 350; 2014, c. 225; 2020, c. 982; 2022, cc. 554, 609, 722, 767.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-340.24. Eligibility for permit; exceptions; where valid.
A. To be eligible for a permit to conduct charitable gaming, an organization shall:

1. Have been in existence and met on a regular basis in the Commonwealth for a period of at least three years immediately prior to applying for a permit.

The three-year residency requirement shall not apply (i) to any lodge or chapter of a national or international fraternal order or of a national or international civic organization which is exempt under § 501(c) of the United States Internal Revenue Code and which has a lodge or chapter holding a charitable gaming permit issued under the provisions of this article anywhere within the Commonwealth; (ii) to booster clubs which have been operating for less than three years and which have been established solely to raise funds for school-sponsored activities in public schools or private schools accredited pursuant to § 22.1-19; (iii) to recently established volunteer fire and rescue companies or departments, after county, city, or town approval; or (iv) to an organization which relocates its meeting place on a permanent basis from one jurisdiction to another, complies with the requirements of subdivision 2 of this section, and was the holder of a valid permit at the time of its relocation.

2. Be operating currently and have always been operated as a nonprofit organization.

3. Have at least 50 percent of its membership consist of residents of the Commonwealth; however, if an organization (i) does not consist of bona fide members and (ii) is exempt under § 501(c)(3) of the United States Internal Revenue Code, the Department shall exempt such organizations from the requirements of this subdivision.

B. Any organization whose gross receipts from all charitable gaming exceeds or can be expected to exceed $40,000 in any calendar year shall have been granted tax-exempt status pursuant to § 501(c) of the United States Internal Revenue Code. At the same time tax-exempt status is sought from the Internal Revenue Service, the same documentation may be filed with the Department in conjunction with an application for a charitable gaming permit. If such documentation is filed, the Department may, after reviewing such documentation it deems necessary, issue a charitable gaming permit.

C. A permit shall be valid only for the dates and times designated in the permit.

1995, c. 837; 1996, c. 919; 2003, c. 884; 2006, c. 644; 2009, c. 121; 2014, c. 208; 2020, c. 568; 2022, cc. 554, 609.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-340.24:1. Registration requirements; certain organizations.
A. Any organization seeking to conduct charitable gaming in accordance with subsection B of § 18.2-340.23 shall first register with the Department on a form prescribed by the Department. The Department shall only require the organization to provide (i) proof of the organization's nonprofit status; (ii) contact information for the chief executive officer of the organization or his designee; (iii) the location, dates, and times of any expected charitable gaming activity; (iv) a description of the general nature of the anticipated charitable gaming activity; and (v) a signed attestation that the organization (a) does not reasonably expect to realize more than $40,000 in gross receipts on a total of no more than seven days per calendar year for the charitable gaming activities listed on the registration form, (b) understands that should the organization exceed the $40,000 threshold, it will be required to file the report in accordance with § 18.2-340.30, and (c) understands it shall be required to comply with the provisions of this article and Department regulations.

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

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

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

2023, cc. 592, 593.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-340.25. Permit required; application fee; form of application.
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.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 8 (Crimes Involving Morals and Decency)
§ 18.2-340.25:1. Authorization to conduct electronic gaming required; fee.
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.