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Virginia statute

Va. Code Ann. § 18.2-52.1 — Possession of infectious biological substances or radiological agents; penalties

Current through 2026 Regular Session

Part of Article 4: Assaults and Bodily Woundings, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-52.1

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-52.1Primary source, current through the 2026 Regular Session
A. Any person who possesses, with the intent thereby to injure another, an infectious biological substance or radiological agent is guilty of a Class 5 felony. B. Any person who (i) destroys or damages, or attempts to destroy or damage, any facility, equipment or material involved in the sale, manufacturing, storage or distribution of an infectious biological substance or radiological agent, with the intent to injure another by releasing the substance, or (ii) manufactures, sells, gives, distributes or uses an infectious biological substance or radiological agent with the intent to injure another is guilty of a Class 4 felony. C. Any person who maliciously and intentionally causes any other person bodily injury by means of an infectious biological substance or radiological agent is guilty of a felony and shall be punished by confinement in a state correctional facility for a period of not less than five years nor more than 30 years. D. For purposes of this section: An "infectious biological substance" includes any bacteria, viruses, fungi, protozoa, or rickettsiae capable of causing death or serious bodily injury. "Infectious biological substance" does not include the human immunodeficiency virus (HIV) or any other related virus that causes acquired immunodeficiency syndrome (AIDS), syphilis, or hepatitis B. A "radiological agent" includes any substance able to release radiation at levels that are capable of causing death or serious bodily injury.

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Legal terms used in this section

Questions this section answers

Is possession of infectious biological substances or radiological agents a felony or a misdemeanor in Virginia?

It depends on the circumstances: possession of infectious biological substances or radiological agents ranges from a class 5 felony to a class 4 felony in Virginia under Va. Code Ann. § 18.2-52.1.

Possession with intent to injure: class 5 felony (Va. Code Ann. § 18.2-52.1A) · Destruction/damage or manufacture/distribution with intent to injure: class 4 felony (Va. Code Ann. § 18.2-52.1B)

Which Virginia statute covers possession of infectious biological substances or radiological agents?

Possession of infectious biological substances or radiological agents is governed by Va. Code Ann. § 18.2-52.1 (Possession of infectious biological substances or radiological agents; penalties).

This reference is informational and is not legal advice.