2006 Code of Virginia § 18.2-46.3:3 - Enhanced punishment for gang activity taking place in a school zone; penalties

18.2-46.3:3. Enhanced punishment for gang activity taking place in a schoolzone; penalties.

Any person who violates 18.2-46.2 (i) upon the property, includingbuildings and grounds, of any public or private elementary, secondary, orpostsecondary school, or any public or private two-year or four-yearinstitution of higher education; (ii) upon public property or any propertyopen to public use within 1,000 feet of such school property; or (iii) on anyschool bus as defined in 46.2-100 is guilty of a felony punishable asspecified in 18.2-46.2, and shall be sentenced to a mandatory minimum termof 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 6felony, except that any person 18 years of age or older who violatessubsection A of 18.2-46.3 upon any property listed in this section, whensuch 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 listedin this section is guilty of a Class 5 felony. It is a violation of thissection if the person violated 18.2-46.2 or 18.2-46.3 on the propertydescribed in clauses (i) through (iii) regardless of where the personintended to commit such violation.

(2005, cc. 764, 813.)