§ 18.2-46.3:3. Enhanced punishment for gang activity taking place in a school zone; penalties
Any person who violates § 18.2-46.2 (i) upon the property, including buildings and grounds, of any public or private elementary, secondary, or postsecondary school, or any public or private two-year or four-year institution of higher education; (ii) upon public property or any property open to public use within 1,000 feet of such school property; or (iii) on any school bus as defined in § 46.2-100 is guilty of a felony punishable as specified in § 18.2-46.2, and shall be sentenced to a mandatory minimum term of imprisonment of two years. A person who violates subsection A of § 18.2-46.3 upon any property listed in this section is guilty of a Class 6 felony, except that any person 18 years of age or older who violates subsection A of § 18.2-46.3 upon any property listed in this section, when such offense is committed against a juvenile, is guilty of a Class 5 felony. Any person who violates subsection B of § 18.2-46.3 upon any property listed in this section is guilty of a Class 5 felony. It is a violation of this section if the person violated § 18.2-46.2 or 18.2-46.3 on the property described in clauses (i) through (iii) regardless of where the person intended to commit such violation.
(2005, cc. 764, 813.)
Sections: Previous 18.2-45 18.2-46 18.2-46.1 18.2-46.2 18.2-46.3 18.2-46.3:1 18.2-46.3:2 18.2-46.3:3 18.2-46.4 18.2-46.5 18.2-46.6 18.2-46.7 18.2-46.8 18.2-46.9 18.2-46.10 NextLast modified: April 16, 2009