Virginia Code

Va. Code Ann. § 18.2-46.2 (2026)

Prohibited criminal street gang participation; penalty

✓ current as of May 2026

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A. Any person who actively participates in or is a member of a criminal street gang and who knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang is guilty of a Class 4 felony. However, (i) if such participant in or member of a criminal street gang is 18 years of age or older and knows or has reason to know that such criminal street gang also includes a juvenile member or participant or (ii) if such predicate criminal act is an act of violence as defined in § 18.2-46.1, he is guilty of a Class 3 felony.

B. Violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.

2000, c. 332; 2023, cc. 396, 397.

Notes of Decisions

Cited in 44 cases (11 in the last 5 years), 2002–2026 · leading case: Melvin Rodriguez Cabrera v. William Barr, 930 F.3d 627 (4th Cir. 2019).

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Melvin Rodriguez Cabrera v. William Barr, 930 F.3d 627 (4th Cir. 2019). · cites it 30× “Three years later, the Department of Homeland Security ("DHS") initiated removal proceedings against him based on his 2017 Virginia conviction under Va. Code § 18.2-46.2 for participation in a criminal street gang.”

Phillips v. Commonwealth, 694 S.E.2d 805 (Va. Ct. App. 2010). · cites it 36× “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.”

Rushing v. Commonwealth, 712 S.E.2d 41 (Va. Ct. App. 2011). · cites it 38× “2d 270 (2011), Rushing argues "[j]ust as in Taybron , the Commonwealth failed to demonstrate the existence of a criminal street gang under Va.Code § 18.2-46.2." Appellant's Br. at 9.”

Hamilton v. Com., 688 S.E.2d 168 (Va. 2010). · cites it 8× “2-42 and one count of participating in a criminal street gang in violation of Code § 18.2-46.2. Because we conclude that the evidence was sufficient to sustain these convictions, we will affirm the judgment of the Court of Appeals of Virginia.”

Salcedo v. Commonwealth, 712 S.E.2d 8 (Va. Ct. App. 2011). · cites it 14× “1, and participation in a criminal act for the benefit of a criminal street gang, in violation of Code § 18.2-46.2. On appeal, appellant contends the evidence was insufficient to sustain each of his convictions.”

Morris v. Commonwealth, 716 S.E.2d 139 (Va. Ct. App. 2011). · cites it 18× “Kirkland Crist Morris (appellant) was convicted by the trial court of criminal street gang participation under Code § 18.2-46.2. 1 On appeal, appellant argues that the evidence was insufficient to prove beyond a reasonable doubt that he knowingly and willfully participated in a…”

Johnson v. Commonwealth, 712 S.E.2d 751 (Va. Ct. App. 2011). · cites it 4× “2-11, and participating in a criminal street gang, Code § 18.2-46.2. On appeal, Johnson challenges the sufficiency of the evidence and claims the trial court erred in admitting certain exhibits.”

Lebron v. Commonwealth, 712 S.E.2d 15 (Va. Ct. App. 2011). · cites it 10× “Appellant was also convicted, as a principal in the second degree, of participating in a criminal act for the benefit of a prohibited street gang, in violation of Code § 18.2-46.2. On appeal, appellant contends the evidence was insufficient to convict him of any of these crimes.”

Taybron v. Commonwealth, 703 S.E.2d 270 (Va. Ct. App. 2011). · cites it 12× “Floyd Taybron (appellant) appeals from his jury trial conviction for willfully participating in a criminal act for the benefit of a criminal street gang of which he was a member in violation of Code § 18.2-46.2. 1 On appeal, he contends the gang participation statute under which…”

Shavis Donta Holloman v. Commonwealth of Virginia, 775 S.E.2d 434 (Va. Ct. App. 2015). · cites it 4× “Here, the Commonwealth contends that the offenses involving Needham were connected to those involving Stubbs because they were both predicate crimes necessary for the gang participation charge under Code § 18.2-46.2. That code section provides, in pertinent part: Any person who…”

Rushing v. Com., 726 S.E.2d 333 (Va. 2012). · cites it 4× “Code § 18.2-46.2 provides, in pertinent part: A.”

Washington v. Com., 643 S.E.2d 485 (Va. 2007). · cites it 3× “Amendments in 2004 added Code §§ 18.2-46.2 and -46.3 to the list of felony offenses set forth in subsection C.”

Show all 44 citing cases →

— Va. Code Ann. § 18.2-46.2(A) — 17 cases

Rushing v. Commonwealth, 712 S.E.2d 41 (Va. Ct. App. 2011). “2d 270 (2011), Rushing argues "[j]ust as in Taybron , the Commonwealth failed to demonstrate the existence of a criminal street gang under Va.Code § 18.2-46.2." Appellant's Br. at 9.”

Phillips v. Commonwealth, 694 S.E.2d 805 (Va. Ct. App. 2010). “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.”

Morris v. Commonwealth, 716 S.E.2d 139 (Va. Ct. App. 2011). “Kirkland Crist Morris (appellant) was convicted by the trial court of criminal street gang participation under Code § 18.2-46.2. 1 On appeal, appellant argues that the evidence was insufficient to prove beyond a reasonable doubt that he knowingly and willfully participated in a…”

Hamilton v. Com., 688 S.E.2d 168 (Va. 2010). “2-42 and one count of participating in a criminal street gang in violation of Code § 18.2-46.2. Because we conclude that the evidence was sufficient to sustain these convictions, we will affirm the judgment of the Court of Appeals of Virginia.”

Johnson v. Commonwealth, 712 S.E.2d 751 (Va. Ct. App. 2011). “2-11, and participating in a criminal street gang, Code § 18.2-46.2. On appeal, Johnson challenges the sufficiency of the evidence and claims the trial court erred in admitting certain exhibits.”

— Va. Code Ann. § 18.2-46.2(Á) — 1 case

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