18.2-46.3:3 - Enhanced punishment for gang activity taking place in a gang-free zone; penalties - Virginia Statutes

§ 18.2-46.3:3. Enhanced punishment for gang activity taking place in agang-free zone; penalties.

Any person who violates § 18.2-46.2 (i) upon the property, includingbuildings and grounds, of any public or private elementary, secondary, orpostsecondary school, or any public or private two-year or four-yearinstitution of higher education; (ii) upon public property or any propertyopen to public use within 1,000 feet of such school property; (iii) on anyschool bus as defined in § 46.2-100; or (iv) upon the property, includingbuildings and grounds, of any publicly owned or operated community center orany publicly owned or operated recreation center is guilty of a felonypunishable as specified in § 18.2-46.2, and shall be sentenced to a mandatoryminimum term of imprisonment of two years. A person who violates subsection Aof § 18.2-46.3 upon any property listed in this section is guilty of a Class6 felony, except that any person 18 years of age or older who violatessubsection A of § 18.2-46.3 upon any property listed in this section, whensuch offense is committed against a juvenile, is guilty of a Class 5 felony.Any person who violates subsection B of § 18.2-46.3 upon any property listedin this section is guilty of a Class 5 felony. It is a violation of thissection if the person violated § 18.2-46.2 or 18.2-46.3 on the propertydescribed in clauses (i) through (iii) regardless of where the personintended to commit such violation.

(2005, cc. 764, 813; 2010, c. 364.)