18.2-312 - Illegal use of tear gas, phosgene and other gases. - Virginia Statutes

§ 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 anyprivate home, place of business or place of public gathering any tear gas,mustard gas, phosgene gas or other noxious or nauseating gases or mixtures ofchemicals designed to, and capable of, producing vile or injurious ornauseating odors or gases, and bodily injury results to any person from suchgas or odor, the offending person shall be guilty of a Class 3 felony.

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

Nothing herein contained shall prevent the use of tear gas or other gases bypolice officers or other peace officers in the proper performance of theirduties, or by any person or persons in the protection of person, life orproperty.

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