Any office, store, shop, restaurant, dance hall, theater, poolroom, clubhouse, storehouse, warehouse, dwelling house, apartment, building of any kind, vehicle, vessel, boat, or aircraft, which with the knowledge of the owner, lessor, agent of any such lessor, manager, chief executive officer, operator, or tenant thereof, is frequented by persons under the influence of illegally obtained controlled substances or marijuana, as defined in § 54.1-3401, or for the purpose of illegally obtaining possession of, manufacturing or distributing controlled substances or marijuana, or is used for the illegal possession, manufacture or distribution of controlled substances or marijuana shall be deemed a common nuisance. Any such owner, lessor, agent of any such lessor, manager, chief executive officer, operator, or tenant who knowingly permits, establishes, keeps or maintains such a common nuisance is guilty of a Class 1 misdemeanor and, for a second or subsequent offense, a Class 6 felony.
Code 1950, § 54-524.104:2; 1972, c. 736; 1973, c. 400; 1975, cc. 14, 15; 1979, c. 435; 1990, c. 948; 1992, cc. 248, 538; 2004, c. 462; 2011, cc. 384, 410; 2014, cc. 674, 719.
Notes of Decisions
Barkley v. Commonwealth, 576 S.E.2d 234 (Va. Ct. App. 2003).
· cites it 2× “1 and of maintaining a common nuisance in violation of Code § 18.2-258. Barkley was sentenced to ten years for the marijuana charge and twelve months for the nuisance charge.”
McCutcheon v. Commonwealth, 294 S.E.2d 808 (Va. 1982).
· cites it 4× “Under Code § 18.2-258. l(A)(iv), the Attorney General asserts, the Commonwealth establishes a violation when it shows the accused obtained a controlled substance “while using a false name.”
Immanuel Cyprus Perry v. Commonwealth, 636 S.E.2d 891 (Va. Ct. App. 2006).
· cites it 2× “Immanuel Cyprus Perry, appellant, was convicted in a bench trial of common nuisance, in violation of Code § 18.2-258, possession of ecstasy, in violation of Code § 18.”
Commonwealth v. Woelfl, 57 Va. Cir. 247 (Va. Cir. Ct. 2001).
· cites it 4× “On August 6, 2001, a grand jury returned indictments against *248 the Woelfls alleging criminal violations of Virginia Code § 18.2-258. Thereafter, three of the indicted charges were dismissed.”
Malcolm Augustus Jordan v. Commonwealth of Virginia, No. 0863181 (Va. Ct. App. Oct. 22, 2019).
· cites it 2× “Jordan was also charged by misdemeanor warrant with maintaining a common nuisance, in violation of Code § 18.2-258. Following a bench trial on July 11, 2016, the circuit court found Jordan guilty of all charges.”
Washington v. Com., 616 S.E.2d 774 (Va. Ct. App. 2005).
“Since then, the General Assembly has enacted several more: Code § 18.2-46.3:1 (street gang crimes); § 18.”
Town of Front Royal v. Allan, 50 Va. Cir. 472 (Warren Cir. Ct. 1999).
· cites it 2× “See Virginia Code §§ 18.2-258,18.2-258.01, and 40.1-100.”
Commonwealth v. Fuller, 88 Va. Cir. 305 (Buchanan Cir. Ct. 2014).
“Defendant Charles Ryan Fuller Defendant Charles Ryan Fuller asserts that, by virtue of his indictment under § 18.2-258 for Owning or Maintaining a Common Nuisance and under § 18.”
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