Virginia criminal charge
Recruitment of persons for criminal street gang in Virginia
Recruitment of persons for criminal street gang is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-46.3. 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. § 18.2-46.3.
What is the penalty for recruitment of persons for criminal street gang in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Recruitment of an adult into a criminal street gang — A person solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another person to actively participate in or become a member of what he knows to be a criminal street gang.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Recruitment of an adult into a criminal street gang — A person solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another person to actively participate in or become a member of what he knows to be a criminal street gang.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Recruitment of a juvenile into a criminal street gang — A person age 18 or older solicits, invites, recruits, encourages, or otherwise causes or attempts to cause a juvenile to actively participate in or become a member of what he knows to be a criminal street gang.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Recruitment of a juvenile into a criminal street gang — A person age 18 or older solicits, invites, recruits, encourages, or otherwise causes or attempts to cause a juvenile to actively participate in or become a member of what he knows to be a criminal street gang.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Use or threat of force to compel gang involvement or criminal act — A person uses or threatens force against an individual or a member of his family or household to encourage the individual to join or remain in a criminal street gang or to submit to a gang demand to commit a felony.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Use or threat of force to compel gang involvement or criminal act — A person uses or threatens force against an individual or a member of his family or household to encourage the individual to join or remain in a criminal street gang or to submit to a gang demand to commit a felony.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is recruitment of persons for criminal street gang classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Recruitment of an adult into a criminal street gang | Class 1 Misdemeanor | A person solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another person to actively participate in or become a member of what he knows to be a criminal street gang. | Va. Code Ann. § 18.2-46.3A |
| Recruitment of a juvenile into a criminal street gang | Class 6 Felony | A person age 18 or older solicits, invites, recruits, encourages, or otherwise causes or attempts to cause a juvenile to actively participate in or become a member of what he knows to be a criminal street gang. | Va. Code Ann. § 18.2-46.3A |
| Use or threat of force to compel gang involvement or criminal act | Class 6 Felony | A person uses or threatens force against an individual or a member of his family or household to encourage the individual to join or remain in a criminal street gang or to submit to a gang demand to commit a felony. | Va. Code Ann. § 18.2-46.3B |
Common questions about recruitment of persons for criminal street gang in Virginia
Is recruitment of persons for criminal street gang a felony or a misdemeanor in Virginia?
It depends on the circumstances: recruitment of persons for criminal street gang ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-46.3.
Recruitment of an adult into a criminal street gang: class 1 misdemeanor (Va. Code Ann. § 18.2-46.3A) · Recruitment of a juvenile into a criminal street gang: class 6 felony (Va. Code Ann. § 18.2-46.3A) · Use or threat of force to compel gang involvement or criminal act: class 6 felony (Va. Code Ann. § 18.2-46.3B)
What are the penalties for recruitment of persons for criminal street gang in Virginia?
Which Virginia statute covers recruitment of persons for criminal street gang?
Recruitment of persons for criminal street gang is governed by Va. Code Ann. § 18.2-46.3 (Recruitment of persons for criminal street gang; penalty).
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.