Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 4. Crimes Against the Person » Article 2.2. Terrorism Offenses
Virginia Code

Va. Code Ann. § 18.2-46.5 (2026)

Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty

✓ current as of May 2026
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A. Any person who commits or conspires to commit, or aids and abets the commission of an act of terrorism, as defined in § 18.2-46.4, is guilty of a Class 2 felony if the base offense of such act of terrorism may be punished by life imprisonment, or a term of imprisonment of not less than twenty years.

B. Any person who commits, conspires to commit, or aids and abets the commission of an act of terrorism, as defined in § 18.2-46.4, is guilty of a Class 3 felony if the maximum penalty for the base offense of such act of terrorism is a term of imprisonment or incarceration in jail of less than twenty years.

C. Any person who solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another to participate in an act or acts of terrorism, as defined in § 18.2-46.4, is guilty of a Class 4 felony.

D. Any person who knowingly provides any material support (i) to an individual or organization whose primary objective is to commit an act of terrorism and (ii) does so with the intent to further such individual's or organization's objective is guilty of a Class 3 felony. If the death of any person results from providing any material support, then the person who provided such material support is guilty of a Class 2 felony.

2002, cc. 588, 623; 2007, c. 409; 2017, cc. 624, 668.

Notes of Decisions
Cited in 2 cases, 2005–2012 · leading case: Phillip C. BAY, S/K/A Philip C. Bay v. COMMONWEALTH of Virginia, 729 S.E.2d 768 (Va. Ct. App. 2012).
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Phillip C. BAY, S/K/A Philip C. Bay v. COMMONWEALTH of Virginia, 729 S.E.2d 768 (Va. Ct. App. 2012). · cites it 4× “6, two counts of acts of terrorism, in violation of Code § 18.2-46.5, two counts of soliciting or recruiting another for acts of terrorism, in violation of Code § 18.”
Muhammad v. Com., 547 U.S. 1136 (2005). · cites it 2× “" Code § 18.2-46.5. Muhammad argues that there is "no discernable distinction whatsoever between murder committed under the terrorism provision and murder committed under the capital murder provision.”
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