Virginia criminal charge

What constitutes a riot in Virginia

Current through 2026 Virginia legislative session

What constitutes a riot is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-405. 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. § 18.2-405.

What is the penalty for what constitutes a riot in Virginia?

Penalties for What constitutes a riot
Penalty	Range	Basis	Authority
Jail / prison	up to 12 months (Participating in a riot — Applies to any person convicted of participating in a riot without a weapon.)	discretionary	Va. Code Ann. § 18.2-11
Fine	up to $2,500 (Participating in a riot — Applies to any person convicted of participating in a riot without a weapon.; either or both with confinement (§ 18.2-11(a)))	discretionary	Va. Code Ann. § 18.2-11
Jail / prison	1 years to 10 years (Participating in a riot while armed — Applies if the person carried a firearm or other deadly or dangerous weapon during the riot.; 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(e)))	discretionary	Va. Code Ann. § 18.2-10
Fine	up to $2,500 (Participating in a riot while armed — Applies if the person carried a firearm or other deadly or dangerous weapon during the riot.; with the jail-confinement alternative under § 18.2-10(e))	discretionary	Va. Code Ann. § 18.2-10

Applies to current.

How is what constitutes a riot classified in Virginia?

The classification depends on the circumstances:

Classification variants for What constitutes a riot
Variant	Classification	When it applies	Statute
Participating in a riot	Class 1 Misdemeanor	Applies to any person convicted of participating in a riot without a weapon.	Va. Code Ann. § 18.2-405undefined
Participating in a riot while armed	Class 5 Felony	Applies if the person carried a firearm or other deadly or dangerous weapon during the riot.	Va. Code Ann. § 18.2-405undefined

Common questions about what constitutes a riot in Virginia

Is what constitutes a riot a felony or a misdemeanor in Virginia?

It depends on the circumstances: what constitutes a riot ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-405.

Participating in a riot: class 1 misdemeanor (Va. Code Ann. § 18.2-405) · Participating in a riot while armed: class 5 felony (Va. Code Ann. § 18.2-405)

What are the penalties for what constitutes a riot in Virginia?

Penalties for what constitutes a riot in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 5 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.

Which Virginia statute covers what constitutes a riot?

What constitutes a riot is governed by Va. Code Ann. § 18.2-405 (What constitutes a riot; punishment).

Legal terms used in this law

Firearm

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.