2006 Code of Virginia § 18.2-46.3 - Recruitment of persons for criminal street gang; penalty

18.2-46.3. Recruitment of persons for criminal street gang; penalty.

A. Any person who solicits, invites, recruits, encourages or otherwise causesor attempts to cause another to actively participate in or become a member ofwhat he knows to be a criminal street gang is guilty of a Class 1misdemeanor. Any person age 18 years or older who solicits, invites,recruits, encourages or otherwise causes or attempts to cause a juvenile toactively participate in or become a member of what he knows to be a criminalstreet gang is guilty of a Class 6 felony.

B. Any person who, in order to encourage an individual (a) to join a criminalstreet gang, (b) to remain as a participant in or a member of a criminalstreet gang, or (c) to submit to a demand made by a criminal street gang tocommit a felony violation of this title, (i) uses force against theindividual or a member of his family or household or (ii) threatens forceagainst the individual or a member of his family or household, which threatwould place any person in reasonable apprehension of death or bodily injury,is guilty of a Class 6 felony. The definition of "family or householdmember" set forth in 16.1-228 applies to this section.

(2000, c. 332; 2004, cc. 396, 435.)