Virginia RULES Teens Learn & Live the Law Gangs

Definition of a Gang If all of these descriptions apply, it’s a “criminal street gang” under Virginia law. Three or more persons, whether formal or informal. Commits one or more criminal acts as one of its main objectives or activities. Has an identifiable name or identifying sign or symbol. Has committed or tried to commit, individually or as a group, two or more of certain criminal acts, at least one of which is an act of violence.

Virginia has laws that are tough on gang activities: Other Laws Virginia has laws that are tough on gang activities: Code of Virginia § 18.2-46.2 makes it a Class 4 or 5 felony for gang members to commit certain criminal acts on behalf of the gang. This law makes it a separate offense to commit a crime on behalf of a gang. This means that a person can be convicted and sentenced for the crime (such as robbery, assault, arson, gang recruitment, trespassing, and damage to property) and face additional penalties because the criminal act was on behalf of a gang.

Gang Recruitment Code of Virginia § 18.2-46.3 prohibits recruitment of juveniles for criminal street gangs. First, any person who, regardless of age, solicits, invites, recruits, encourages, or otherwise causes or attempts to cause another to actively participate in or become a member of a criminal street gang, shall be guilty of a Class 1 misdemeanor.

Gang Recruitment The penalties are even steeper when an adult tries to recruit a juvenile or threats or force are used: Any person aged 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 a criminal street gang, shall be guilty of a Class 6 felony. Any person who uses threats or force against a person or that person’s family to recruit that person into a gang, or force him or her to remain in the gang or to submit to a demand by a gang to commit a felony, shall be guilty of a Class 6 felony.

Gang Free School Zones Virginia law also establishes Gang-Free School Zones in which there are enhanced penalties for gang participation and recruitment. The zones include school property (including colleges), public property within 1,000 feet of school property, and school buses. (Code of Virginia § 18.2-46.3:3)

Hazing Virginia law also prohibits hazing of youth gang members. The Code says that anyone who causes bodily injury by hazing any member or person seeking to become a member of a youth gang or street gang shall be guilty of a Class 1 misdemeanor. Hazing often occurs as part of an initiation into the gang or as a condition for continued membership. The law says that this is a crime and it does not matter whether or not the victim of the hazing participated voluntarily. (Code of Virginia § 18.2-55.1)

Notification of School Superintendent Another law requires that the school division superintendent be notified when a juvenile commits a violation of any gang statute, whether on or off school property. (Code of Virginia § 16.1-260.G)

Some facts about gangs and their members: Gang Facts Some facts about gangs and their members: May recruit members as young as elementary school age. May be composed of boys and/or girls. May be a mix of different races and cultures. Members must prove themselves to their gangs (ex: Initiations) Typically involved in activities that break the law. Accept violence as a method of operation. Often arrested for their crimes. Feared and not respected by their peers. Members are followers, not leaders.

Recognizing Gangs Gang members tend to dress alike. A number of gangs wear the same colors. Many gangs wear specific team athletic wear. Many gang members tend to wear baseball caps backwards. Many gang members display tattoos or body piercing. Many gang members wear the same type of shoes.

Tagging Tagging is graffiti placed on property, often by gangs, to mark a territory. Code of Virginia § 18.2-137 states: Anyone who destroys or defaces any property, real or personal, not his own, shall be guilty of a Class 1 misdemeanor if the damage to the property is less than $1,000 or a Class 6 felony if the value of or damage is $1,000 or more In addition to criminal penalties parents can be held responsible for the damages. Code of Virginia § 8.01-43 – The parents or guardians of a child may be ordered to pay up to $2,500 for damages their child caused to public property.

Why People Join Gangs They are looking for excitement. They do not feel good about themselves and want to be popular. They have problems at home. They do not feel loved or accepted and want a “family”. They choose the wrong friends. They think they can make money in gangs. They use alcohol and other drugs. They do not have goals. They want to be cool. They feel they need protection. They believe membership in a gang will bring them status and respect.

Strategies for Staying Out of a Gang Choose the right friends who have a positive influence on you. Say no to alcohol and other drugs. Say no to violence at school and in the community. Choose positive activities such as sports, clubs, etc. Work hard in school. Set personal goals. (What would you like to be when you grow up?) Talk openly about gangs to your parents, teachers, or other trusted adults. Choose positive solutions to your conflicts. Do not dress like a gang member. Be a leader and not a follower.

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