Virginia Code

Va. Code Ann. § 18.2-46.3 (2026)

Recruitment of persons for criminal street gang; penalty

✓ current as of May 2026

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

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

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

Notes of Decisions

Cited in 6 cases, 2004–2020 · leading case: Phillips v. Commonwealth, 694 S.E.2d 805 (Va. Ct. App. 2010).

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Phillips v. Commonwealth, 694 S.E.2d 805 (Va. Ct. App. 2010). · cites it 20× “2, and for recruitment of a juvenile for membership in a criminal street gang, in violation of Code § 18.2-46.3. 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…”

Washington v. Com., 643 S.E.2d 485 (Va. 2007). “2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.”

Jose Alberto Navarette-Ramos v. Commonwealth (Va. Ct. App. 2004). · cites it 10× “He argues, therefore, that the evidence failed to prove beyond a reasonable doubt an essential element of Code § 18.2-46.3. We affirm the conviction.”

Kevin Diaz Gomez, s/k/a Kevin Diaz-Gomez v. Commonwealth of Virginia (Va. Ct. App. 2020). · cites it 2× “2, and criminal street gang recruitment, a felony in violation of Code § 18.2-46.3. He was tried by bench trial in the Circuit Court of Fairfax County and pleaded not guilty to all three charges.”

Tyrone Williams v. Commonwealth of Virginia (Va. Ct. App. 2016). “2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.”

Eduardo Nicanor Mendez v. Commonwealth of Virginia (Va. Ct. App. 2019). “2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.”

— Va. Code Ann. § 18.2-46.3(A) — 1 case

Jose Alberto Navarette-Ramos v. Commonwealth (Va. Ct. App. 2004). “He argues, therefore, that the evidence failed to prove beyond a reasonable doubt an essential element of Code § 18.2-46.3. We affirm the conviction.”

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