Virginia criminal charge
Prohibited conduct in Virginia
Prohibited conduct is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-308.012. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-308.012.
What is the penalty for prohibited conduct in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Carrying concealed handgun while under the influence — A person permitted to carry a concealed handgun who is under the influence of alcohol, marijuana, or illegal drugs while carrying such handgun in a public place is guilty of this offense.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Carrying concealed handgun while under the influence — A person permitted to carry a concealed handgun who is under the influence of alcohol, marijuana, or illegal drugs while carrying such handgun in a public place is guilty of this offense.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 6 months (Consuming alcohol while carrying concealed handgun in licensed restaurant or club — A person who carries a concealed handgun onto the premises of a restaurant or club licensed to sell alcoholic beverages for on-premises consumption and consumes an alcoholic beverage while on the premises is guilty of this offense.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $1,000 (Consuming alcohol while carrying concealed handgun in licensed restaurant or club — A person who carries a concealed handgun onto the premises of a restaurant or club licensed to sell alcoholic beverages for on-premises consumption and consumes an alcoholic beverage while on the premises is guilty of this offense.; either or both with confinement (§ 18.2-11(b))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is prohibited conduct classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Carrying concealed handgun while under the influence | Class 1 Misdemeanor | A person permitted to carry a concealed handgun who is under the influence of alcohol, marijuana, or illegal drugs while carrying such handgun in a public place is guilty of this offense. | Va. Code Ann. § 18.2-308.012A |
| Consuming alcohol while carrying concealed handgun in licensed restaurant or club | Class 2 Misdemeanor | A person who carries a concealed handgun onto the premises of a restaurant or club licensed to sell alcoholic beverages for on-premises consumption and consumes an alcoholic beverage while on the premises is guilty of this offense. | Va. Code Ann. § 18.2-308.012B |
Common questions about prohibited conduct in Virginia
Is prohibited conduct a felony or a misdemeanor in Virginia?
It depends on the circumstances: prohibited conduct ranges from a class 2 misdemeanor to a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-308.012.
Carrying concealed handgun while under the influence: class 1 misdemeanor (Va. Code Ann. § 18.2-308.012A) · Consuming alcohol while carrying concealed handgun in licensed restaurant or club: class 2 misdemeanor (Va. Code Ann. § 18.2-308.012B)
What are the penalties for prohibited conduct in Virginia?
Penalties for prohibited conduct in Virginia depend on how it is classified — from a class 2 misdemeanor up to a class 1 misdemeanor — with the ranges set by Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.
Which Virginia statute covers prohibited conduct?
Prohibited conduct is governed by Va. Code Ann. § 18.2-308.012 (Prohibited conduct).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.