18.2-46.2 - Prohibited criminal street gang participation; penalty. - Virginia Statutes

§ 18.2-46.2. Prohibited criminal street gang participation; penalty.

A. Any person who actively participates in or is a member of a criminalstreet gang and who knowingly and willfully participates in any predicatecriminal act committed for the benefit of, at the direction of, or inassociation with any criminal street gang shall be guilty of a Class 5felony. However, if such participant in or member of a criminal street gangis age eighteen years or older and knows or has reason to know that suchcriminal street gang also includes a juvenile member or participant, he shallbe guilty of a Class 4 felony.

B. Violation of this section shall constitute a separate and distinctoffense. If the acts or activities violating this section also violateanother provision of law, a prosecution under this section shall not prohibitor bar any prosecution or proceeding under such other provision or theimposition of any penalties provided for thereby.

(2000, c. 332.)