As used in this article, unless the context requires a different meaning:
"Act of violence" means those felony offenses described in subsection C of § 17.1-805 or subsection A of § 19.2-297.1.
"Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction.
"Predicate criminal act" means (i) an act of violence; (ii) any violation of § 18.2-42, 18.2-46.3, 18.2-56.1, 18.2-57, 18.2-57.2, 18.2-59, 18.2-83, 18.2-95, 18.2-103.1, 18.2-108.1, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, 18.2-147, 18.2-248.01, 18.2-248.03, 18.2-255, 18.2-255.2, 18.2-287.4, 18.2-300, 18.2-308.1, 18.2-308.2, 18.2-308.2:01, 18.2-308.4, or 18.2-357.1; (iii) a felony violation of § 18.2-60.3, 18.2-346.01, 18.2-348, or 18.2-349; (iv) a felony violation of § 4.1-1101, 18.2-248, or 18.2-248.1 or a conspiracy to commit a felony violation of § 4.1-1101, 18.2-248, or 18.2-248.1; (v) any violation of a local ordinance adopted pursuant to § 15.2-1812.2; or (vi) any substantially similar offense under the laws of another state or territory of the United States, the District of Columbia, or the United States.
2000, c. 332; 2004, cc. 396, 435, 462, 867; 2005, cc. 764, 813; 2006, cc. 262, 319, 844, 895; 2007, c. 499; 2012, c. 364; 2013, cc. 573, 645; 2014, cc. 674, 719; 2015, cc. 690, 691; 2019, c. 617; 2021, Sp. Sess. I, cc. 188, 550, 551; 2023, cc. 357, 358, 396, 397.
Notes of Decisions
Cited in
31
cases (
4 in the last 5 years), 2004–2025 · leading case:
Phillips v. Commonwealth, 694 S.E.2d 805 (Va. Ct. App. 2010).
Phillips v. Commonwealth, 694 S.E.2d 805 (Va. Ct. App. 2010).
· cites it 70× “On appeal, appellant contends the evidence was insufficient to support the circuit court's determination that a criminal street gang existed within the meaning of Code §§ 18.2-46.1, 18.2-46.2, and 18.2-46.”
Johnson v. Commonwealth, 712 S.E.2d 751 (Va. Ct. App. 2011).
· cites it 12× “” “That is a requirement for this,” counsel concluded, “and this is where the prosecution’s evidence falls down with respect to this particular crime.”
Shavis Donta Holloman v. Commonwealth of Virginia, 775 S.E.2d 434 (Va. Ct. App. 2015).
· cites it 12× “4 See Code §§ 18.2-46.1, -46.2. Generally, a “connection” between multiple offenses is sufficient for joinder to exist where they are “ ‘so intimately connected and blended with the main facts adduced in evidence[] that they cannot be departed from with propriety.”
Rushing v. Commonwealth, 712 S.E.2d 41 (Va. Ct. App. 2011).
· cites it 28× “Code § 18.2-46.1 (emphasis added). The conduct element of the crime requires only proof that the defendant "knowingly and willfully" participated in a "predicate criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang.”
Hamilton v. Com., 688 S.E.2d 168 (Va. 2010).
· cites it 5× “Code §§ 18.2-46.1. Hamilton contests only the sufficiency of the evidence with respect to the first element: being a member or active participant in a criminal street gang.”
Corado v. Commonwealth, 623 S.E.2d 452 (Va. Ct. App. 2005).
· cites it 10× “” Code § 18.2-46.1. 3 The Code defines “criminal gang activity” as the commission of, attempt to commit, conspiracy to commit or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such predicate criminal acts (i) were not…”
Salcedo v. Commonwealth, 712 S.E.2d 8 (Va. Ct. App. 2011).
· cites it 12× “He also contends that, even if the evidence was sufficient to show that the Latin Kings was a criminal street gang, the evidence was insufficient to show that the robbery was committed for the benefit of, in association with, or at the direction of the gang in violation of Code…”
Rushing v. Com., 726 S.E.2d 333 (Va. 2012).
· cites it 6× “The statutory definition of "criminal street gang" contained in Code § 18.2-46.1 requires proof that the gang's members have committed, or attempted or conspired or solicited others to commit, two or more predicate criminal acts, at least one of which was a crime of violence.”
Taybron v. Commonwealth, 703 S.E.2d 270 (Va. Ct. App. 2011).
· cites it 14× “Assuming without deciding that the trial court did not err in admitting the plea agreements and related sentencing orders, we conclude the evidence was insufficient to prove appellant belonged to “a criminal street gang” as defined by Code § 18.”
Manuel Vasquez v. Tony Rackauckas, 734 F.3d 1025 (9th Cir. 2013).
· cites it 2× “operated formally or informally”); Va. Code Ann. § 18.2-46.1 (“formal or informal”); Wash.”
— Va. Code Ann. § 18.2-46.1(iii) — 1 case
Taybron v. Commonwealth, 703 S.E.2d 270 (Va. Ct. App. 2011).
“Assuming without deciding that the trial court did not err in admitting the plea agreements and related sentencing orders, we conclude the evidence was insufficient to prove appellant belonged to “a criminal street gang” as defined by Code § 18.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.