TITLE 18.2. CRIMES AND OFFENSES GENERALLY.

§§ 46.2-208 and 46.2-382 amended; § 18.2-36.2 added.
Involuntary manslaughter for a death caused by drunk boating; penalties. Provides that any person who, as a result of operating a watercraft or motorboat while intoxicated, unintentionally causes the death of another person, is guilty of involuntary manslaughter. HB 1756; CH. 376.

§§ 18.2-46.1, 19.2-11.2, 48-7, 48-8, and 48-9 amended; § 18.2-46.3:3 added.
Crimes; criminal street gangs; penalties. Adds to the list of crimes defined as "predicate criminal act" the following: § 18.2-42, assault by mob; § 18.2-56.1, reckless handling of a firearm; § 18.2-59, extorting money; § 18.2-286.1, shooting from a motor vehicle; § 18.2-287.4, carrying a loaded firearm in public areas in certain localities; and § 18.2-308.1, possession of a firearm, stun weapon or taser on school property. In addition, the bill provides that "predicate criminal act" includes the violation of any offense substantially similar to these newly added crimes as well as the existing listed crimes when committed in another state or territory of the United States, the District of Columbia, or the United States. The bill provides enhanced punishments for gang activities taking place at or near schools, colleges, and school buses. The bill allows a witness in a gang prosecution to request that certain information about the witness not be disclosed. Finally, the bill treats criminal street gangs as public nuisances and allows for the enjoinment of such nuisances. HB 2217; CH. 813/SB 1217; CH. 764.

§ 18.2-55.1.
See § 16.1-269.2; HB 2734.

§§ 9.1-902, 9.1-908, 9.1-910, 16.1-69.48:1, 17.1-275.1, 17.1-275.2, 17.1-275.7, 17.1-805, 18.2-61, 18.2-67.1, 18.2-67.2, 19.2-218.1, 19.2-218.2, 19.2-299, 19.2-303.4, 19.2-335, and 19.2-336 amended; § 18.2-67.2:1 repealed.
Sexual crimes. Eliminates in the rape, forcible sodomy and object sexual penetration statutes the different standard that defines the offense if the victim and perpetrator are married to each other. This includes removing from the forcible sodomy and object sexual penetration statutes the provision that such crimes cannot be committed against a spouse unless the spouses were living separate and apart or there was bodily injury caused by force or violence, as the 2002 General Assembly did in the rape statute. Because of the equalization of the elements of the offense in the rape, forcible sodomy and object sexual penetration statutes, the marital sexual assault statute is repealed. The bill retains the provisions that allow for counseling and therapy, and allows discharge and dismissal if there has not been a previous discharge and dismissal under the statute. HB 2248; CH. 631.

§ 18.2-62 amended.
Persons arrested for certain crimes; testing for HIV, hepatitis B or C viruses. Provides that the attorney for the Commonwealth may request that a person arrested for assault and battery where the victim was exposed to the body fluids of the person arrested, be tested for HIV and hepatitis B or C viruses. If the defendant refuses, the court may hold a hearing. Current law applies to persons charged with certain sex crimes and covers HIV testing only; however, the bill's provisions for hepatitis B or C testing will apply to those persons also. HB 2906; CH. 661.

§ 18.2-67.3 amended.
What constitutes aggravated sexual battery; penalty. Provides that the crime of aggravated sexual battery, a felony punishable by up to 20 years in prison, is committed when a person sexually abuses a person of any age who is physically helpless. Currently, sexual abuse of a person who is physically helpless is only punishable as aggravated sexual battery if the victim is 13 or 14 years old, the victim is seriously injured, or the accused uses a dangerous weapon. Under current law, sexual abuse of any child under age 13 is aggravated sexual battery. HB 2247; CH. 406.

§§ 18.2-67.3, 18.2-361, 18.2-370, and 18.2-370.1 amended.
Sexual offenses against children by a parent or grandparent; penalty. Provides that sexual abuse of a child age 13-17 by a parent, step-parent, grandparent or step-grandparent is aggravated sexual battery, which is punishable by a term of imprisonment of one to 20 years. The bill provides that for purposes of the crimes against nature statute, parent includes step-parent and grandparent includes step-grandparent. The bill raises the age in the indecent liberties section from age 14 to age 15 and provides that violation of that section and certain violations of taking indecent liberties with a child by a person in a custodial or supervisory relationship, if the child is age 15 to 17 and is a child, step-child, grandchild or step-grandchild of the perpetrator, is a Class 5 felony. If the child is less than 15 years of age it is a Class 4 felony. The bill amends the taking indecent liberties with child by a person in custodial or supervisory relationship to state that it does not apply if the child is emancipated or if the perpetrator is legally married to the child. HB 2564; CH. 185.

§ 18.2-85 amended.
Fire bombs; definition. Amends the definition of a fire bomb to clarify that it includes a wick composed of any material capable of igniting the flammable material or chemical compound inside a container. SB 756; CH. 204.

§§ 18.2-152.2 and 18.2-152.4 amended.
Computer crimes; penalties. Modernizes the Virginia Computer Crimes Act by updating definitions to comport with changing technology, removing superfluous language and relocating language. The bill adds unauthorized installation of software on the computer of another, disruption of another computer's ability to share or transfer information and maliciously obtaining computer information without authority as additional crimes of computer trespass, a Class 1 misdemeanor. The bill also reduces the felony (Class 6) threshold from $2,500 to $1,000 for property damage resulting from computer trespass. HB 2215; CH. 812.

§§ 18.2-152.2, 18.2-152.3, 18.2-152.4, 18.2-152.5, 18.2-152.6, 18.2-152.7, 18.2-152.8, 18.2-152.12, and 19.2-8 amended; §§ 18.2-152.5:1 and 19.2-249.2 added; §§ 18.2-152.9 and 18.2-152.10 repealed.
Virginia Computer Crimes Act; penalties. Updates the Virginia Computer Crimes Act to include recommendations made by the 2004 joint study on Computer Crimes by the Joint Commission on Technology and Science and Virginia State Crime Commission. The bill modernizes definitions of "computer", "using a computer" and "without authority" to comport with changing technology. The bill revises provisions regarding computer trespass, a Class 1 misdemeanor, unless the damage to the property of another is $1,000 ($2,500 under current law) or more, in which case it is a Class 6 felony. Provisions regarding computer invasion of privacy are rewritten to include unauthorized gathering of identifying information and Class 6 penalties added for persons with previous convictions, selling or distributing the information to another or using the information in the commission of another crime. The bill adds as a new Class 6 felony using a computer to fraudulently gather identifying information of another (phishing), unless the information is sold or distributed to another or the information is used in the commission of another crime, in which case it is a Class 5 felony. Statute of limitation and venue provisions are relocated in the Code. HB 2471; CH. 827/SB 1163; CH. 761.

§§ 18.2-152.3 and 18.2-152.5 amended; § 18.2-152.5:1 added.
Computer crimes; penalties. Revises provisions in the Virginia Computer Crimes Act relating to computer fraud and redefines computer invasion of privacy by including the unauthorized gathering of identifying information and punishes subsequent offenses and transferring the information to another or use of the information in the commission of another crime as a Class 6 felony. Currently, the offense is punishable as a Class 1 misdemeanor. Additionally, the fraudulent gathering of such information is punished as a Class 6 felony, a new crime, and transferring the information to another or use of the information in the commission of another crime is a Class 5 felony. HB 2631; CH. 837.

§§ 18.2-152.3 and 18.2-152.5 amended; § 18.2-152.5:1 added.
Computer crimes; penalties. Revises provisions in the Virginia Computer Crimes Act relating to computer fraud and redefines computer invasion of privacy by including the unauthorized gathering of identifying information. The bill punishes subsequent offenses and transferring the information to another or using the information in the commission of another crime as a Class 6 felony. Currently, the offense is punishable as a Class 1 misdemeanor. Additionally, the fraudulent gathering of such information is punished as a Class 6 felony, a new crime, and transferring the information to another or use of the information in the commission of another crime is a Class 5 felony. SB 1002; CH. 747.

§ 18.2-152.5:1 added.
Computer crimes; phishing; penalty. Makes it a Class 6 felony to fraudulently obtain, record, or access from a computer the following identifying information of another: (i) social security number; (ii) driver's license number; (iii) bank account numbers; (iv) credit or debit card numbers; (v) personal identification numbers (PIN); (vi) electronic identification codes; (vii) automated or electronic signatures; (viii) biometric data; (ix) fingerprints; (x) passwords; or (xi) any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain goods or services. Any person who sells or distributes such information or uses it to commit another crime is guilty of a Class 5 felony. SB 1147; CH. 760.

§§ 18.2-152.6, 18.2-152.7, 18.2-152.8, 18.2-152.12, and 19.2-8 amended; § 19.2-249.2 added; §§ 18.2-152.9 and 18.2-152.10 repealed.
Computer crimes; penalties. Revises provisions in the Virginia Computer Crimes Act relating to theft of computer services, personal trespass by computer, embezzlement, larceny or receiving stolen goods by computer, and civil damages. The bill also relocates statute of limitation and venue provisions in the Code. SB 1001; CH. 746.

§§ 18.2-154 and 18.2-279 amended.
Homicide resulting from shooting into a vehicle or building. Specifies that a death resulting from maliciously shooting or throwing a missile at a vehicle or occupied building is second degree murder unless the homicide is willful, deliberate and premeditated, in which case it is first degree murder. HB 1620; CH. 143.

§ 18.2-182 amended.
Payment of wages with bad checks; penalty. Provides that an employer who pays wages with a bad check having a face value of $200 or more shall be guilty of a Class 6 felony. HB 2674; CH. 598.

§ 18.2-194 amended.
Unauthorized possession of two or more signed credit cards or credit card numbers. Clarifies that possession of two unauthorized credit cards is credit card theft and not forgery. HB 1860; CH. 157.

§ 18.2-196.1 added.
Unlawful use of payment card scanning devices and re-encoders; penalty. Punishes as a Class 1 misdemeanor the malicious and unauthorized use of a scanner or re-encoder to unlawfully reproduce the information in the magnetic stripe of a payment card and as a Class 6 felony if the person sells or distributes such information to another or uses the information in the commission of another crime. HB 2059; CH. 166.

§ 18.2-204.3.
See § 60.2-500; HB 2137/SB 1201.

§ 18.2-216 amended.
Crimes; untrue, deceptive or misleading advertising, inducements, writings, or documents. Provides that the words "untrue, deceptive and misleading" include the use of any writing or document that appears to be, but is not in fact a negotiable check, draft, or other instrument unless the writing or document clearly and conspicuously has printed on its face in at least 14-point bold type the phrase "THIS IS NOT A CHECK." Currently, the writing or document is considered "untrue, deceptive or misleading" even if it has written on it that it is nonnegotiable. HB 1690; CH. 150.

§§ 18.2-246.6, 18.2-308, and 18.2-5.
See § 1-200; HB 2640.

§ 18.2-248 amended.
Possession of methamphetamine, methcathinone, or amphetamine precursors; penalty. Provides that any person who possesses any two or more of the following substances with the intent to manufacture methamphetamine, methcathinone or amphetamine is guilty of a Class 6 felony: liquified ammonia, ether, hypophosphorus acid solutions, hypophosphite salts, hydrochloric acid, iodine crystals or tincture of iodine, phenylacetone, phenylacetic acid, red phosphorus, methylamine, methyl formamide, lithium metal, sodium metal, sulfuric acid, sodium hydroxide, potassium dichromate, sodium dichromate, potassium permanganate, chromium trioxide, methylbenzene, methamphetamine precursor drugs, sodium hydroxide, trichlorethane, or 2-propanone. The bill also requires the Virginia Department of State Police, Department of Environmental Quality, Department of Health, and Division of Forensic Science to establish a multi-agency work group to develop a best-practices protocol for use by law-enforcement and emergency response agencies regarding the clean-up of abandoned and deactivated methamphetamine production sites. HB 1974; CH. 796/SB 1121; CH. 759.

§ 18.2-248 amended.
Controlled substances; penalties. Raises the penalty for manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance classified in Schedule III to a Class 5 felony from a Class 1 misdemeanor and a controlled substance classified in Schedule IV from a Class 1 misdemeanor to a Class 6 felony. If the violation involves an imitation controlled substance in Schedule III or IV, the penalty is raised from a Class 1 misdemeanor to a Class 6 felony. The bill also provides that an accommodation sale is a Class 1 misdemeanor. HB 2291; CH. 174.

§ 18.2-248 amended; § 18.2-248.02 added.
Penalties for methamphetamine manufacture. Increases the penalty for manufacturing certain amounts of methamphetamine or less than 200 grams of a mixture containing methamphetamine from a range of five to 40 years to a range of 10 to 40 years. For a second conviction the range is increased from five years to life to 10 years to life, and for a third or subsequent conviction the range is established as 10 years to life with a mandatory minimum term of imprisonment of three years. There is a provision for the court to order restitution to an innocent property owner whose property is damaged, or rendered unusable, as a result of methamphetamine production. The bill makes it a felony punishable by imprisonment of 10 to 40 years for any person in a custodial relationship over a child under the age of 18 to knowingly allow that child to be present during the manufacture or attempted manufacture of methamphetamine. Certain state agencies are required to establish a multi-agency work group to create a best practices protocol for use by law-enforcement and emergency response agencies regarding the clean-up of abandoned and deactivated methamphetamine production sites. The Division of Forensic Science is required to create a best practices protocol regarding the retention and handling of the by-products of methamphetamine production after testing is conducted on behalf of law-enforcement officials. HB 2438; CH. 923/SB 1156; CH. 941.

§§ 18.2-254 and 18.2-255.2.
See § 37.2-100; SB 1023.

§ 18.2-254.1 amended.
Drug Treatment Court. Establishes a drug treatment court in Chesapeake. HB 2810; CH. 602/SB 1342; CH. 519.

§§ 18.2-266, 18.2-268.2, 18.2-268.10, 18.2-269, 29.1-738, 29.1-738.2, 29.1-738.3, 46.2-341.24, 46.2-341.26:2, 46.2-341.26:10, and 46.2-341.27 amended.
Driving motor vehicle after ingesting certain illegal drugs; penalty. Makes it a violation of the DUI statute to drive with specified levels of the following illegal drugs in one's blood: cocaine, methamphetamine, phencyclidine (PCP), and 3,4-methylenedioxymethamphetamine (MDMA ecstasy). HB 1896; CH. 616.

§ 18.2-266 amended.
Crimes; driving a motor vehicle while intoxicated. Provides that the defined term "motor vehicle," which includes mopeds while operated on the public highways of this Commonwealth, applies to all of the provisions of the article of the Code establishing the DUI laws. HB 2786; CH. 845.

§§ 18.2-267, 18.2-268.1, 18.2-268.6, 18.2-268.7, 18.2-268.8, and 18.2-268.9.
See § 9.1-102; HB 2216/SB 1153.

§§ 18.2-267, 18.2-268.2 through 18.2-268.5, 18.2-268.8, 18.2-268.9, 18.2-268.10, 18.2-272, 46.2-391.2, and 46.2-391.4 amended.
Driving under the influence. Clarifies provisions in the driving under the influence laws, particularly in the refusal statute. The bill states that a first offense of refusual is a civil offense and that subsequent offenses are criminal. Procedures for charging a person with refusal are specified. A law-enforcement officer will have to read the refusal form only to persons who refuse to take a blood or breath test. HB 2655; CH. 840/SB 1093; CH. 757.
§ 18.2-268.4. See § 46.2-398; SB 1205.

§ 18.2-271.2.
See § 30-73.2; SB 1115.

§§ 18.2-280, 18.2-282, and 18.2-308.1.
See § 57-16.1; HB 2697.

§ 18.2-285 amended.
Hunting while intoxicated; penalty. Increases the penalty for hunting with a firearm while under the influence of alcohol or narcotic drug from a Class 2 to a Class 1 misdemeanor. The bill also includes within such prohibited hunting the hunting with bow and arrow or crossbow. SB 1149; CH. 507.

§ 18.2-287.4 amended.
Carrying certain loaded weapons in public. Rewrites the prohibition against carrying certain loaded semi-automatic rifles or pistols and shotguns in public in certain localities to delete the definition of "firearm" and replace it with the existing substance of the definition. The bill also clarifies that the prohibition does not apply to a person who has a valid concealed handgun permit. HB 1915; CH. 160.

§ 18.2-308 amended.
Concealed handgun permits; fees. Exempts special agents retired from the Alcoholic Beverage Control Board from paying a fee for issuance of a concealed handgun permit if the special agent retired after completing 15 years of service or after reaching age 55. HB 2562; CH. 420/SB 1026; CH. 344.

§ 18.2-308 amended.
Concealed weapons; retired law-enforcement officers. Allows retired local auxiliary police officers and animal control officers to carry concealed weapons, subject to certain conditions. HB 2665; CH. 424.

§ 18.2-308 amended.
Concealed handgun permits; disqualifications. Amends the provision disqualifying a person from receiving a concealed handgun permit on the basis of a written statement of a sheriff, chief of police, or attorney for the Commonwealth alleging that the applicant is likely to use the weapon in an unlawful or negligent manner to provide that in order to disqualify the applicant, the court must find by a preponderance of the evidence, based on specific acts by the applicant, that the applicant is likely to use a weapon unlawfully or negligently to endanger others. HB 2928; CH. 441.

§ 18.2-308.1 amended.
Possession of firearms on school property; concealed handgun permit exemption. Allows the holder of a valid concealed handgun permit to possess a concealed handgun on school property while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school. HB 2535; CH. 830.

§ 18.2-308.2 amended.
Possession of explosive material. Provides that if a person is prohibited from possessing, transporting or carrying explosive materials because of a felony conviction, such person may possess, transport or carry explosive materials if his right to do so has been restored pursuant to federal law. HB 2577; CH. 833.

§ 18.2-308.2 amended.
Possession and transportation of firearms, etc.; juveniles adjudicated delinquent of certain crimes; penalty. Makes it unlawful for a person adjudicated delinquent on or after July 1, 2005, of murder, kidnapping, armed robbery, or rape who was 14 years of age or older at the time of the offense to possess or transport firearms, stun weapons, tasers, or concealed weapons for the rest of his life. Under current law, such a person would be able to possess these weapons at age 29. Possession or transport of these weapons is a Class 6 felony. The mandatory minimum sentence of two years for a possession of a gun by a person who has been convicted of a felony is removed for persons whose felony conviction was more than ten years ago. HB 2722; CH. 600.

§ 18.2-308.2:2 amended.
Transfer of firearms; purchase of more than one handgun in a 30-day period; exemption. Exempts law-enforcement officers from the provision limiting a person from purchasing more than one handgun in a 30-day period. HB 2060; CH. 578.

§§ 18.2-308.2:2 and 54.1-4201 amended.
Purchase of firearms. Eliminates the requirement that a person who wishes to purchase a firearm fill out duplicate information on the form required by the Department of State Police as is required on the federal firearm purchase application form. Instead, the applicant will be required to provide written consent for a background check on a state form, and provide certain specified information necessary for the Department of State Police to complete the required background check. In addition, the bill allows the chief law-enforcement officer of a locality, in the course of a criminal investigation, to examine both federal and state firearm transaction records maintained by a licensed firearms dealer in the Commonwealth. HB 2931; CH. 859.

§ 18.2-313.2.
See § 29.1-574; HB 2029.

§ 18.2-340.33 amended; § 18.2-340.34:1 added.
Charitable gaming; Department of Charitable Gaming; registration of bingo manager and a caller; payment of remuneration. Authorizes the payment of remuneration to a bingo manager and a caller by a qualified organization, not to exceed $100 per session for a manager and $50 per session for a caller, provided the bingo manager and caller is registered with the Department. The bill sets forth the requirements for registration. The bill contains technical amendments. The bill also allows the Charitable Gaming Board to set the hours of operation of bingo games. HB 2454; CH. 826/SB 1322; CH. 776.

§ 18.2-346.1 amended.
Testing of persons convicted of certain crimes for hepatitis C. Requires hepatitis C testing of persons convicted under statutes prohibiting prostitution, crimes against nature and certain drug offenses indicating intravenous use. Under current law persons convicted of prostitution and crimes against nature must be tested for HIV. This bill adds drug crimes to that provision. The bill also contains provisions related to the sharing and confidentiality of hepatitis C test results. HB 2854; CH. 438.

§ 18.2-370 amended.
Indecent liberties with children; penalties. Raises the age of the victim, for the purposes of committing the crime of taking indecent liberties with children, from 13 to 14. SB 1170; CH. 762.

§ 18.2-386.1 amended.
Photographs of undergarments, etc., without consent; penalty. Provides that the knowing and intentional creation of a videotape, photograph, film or videographic or still image record created by placing the lens or image-gathering component of a recording device directly beneath or between a person's legs for the purpose of capturing an image of the person's undergarments or intimate parts, when the undergarments or intimate parts would not otherwise be visible to the general public, is punishable as a Class 1 misdemeanor. The offense is punishable as a Class 6 felony if the nonconsenting person is under the age of 18. HB 1741; CH. 375.

§ 18.2-387.1 added.
What constitutes indecent exposure; penalty. Provides that a person who, while in a public place where others are present, intending that he be seen by others, intentionally and obscenely engages in actual or explicitly simulated acts of masturbation, is guilty of a Class 1 misdemeanor. HB 2623; CH. 422.

§ 18.2-431.1 added.
Illegal conveyance or possession of cellular telephone by prisoner; penalty. Creates a Class 6 felony for a person without authorization to provide or cause to be provided a cellular telephone to an incarcerated prisoner, or for an incarcerated prisoner without authorization to possess a cellular telephone during the period of his incarceration. HB 2213; CH. 171.

§ 18.2-434 amended; § 8.01-4.3 added.
Unsworn declarations; perjury; penalty. Permits the use of unsworn declarations in lieu of sworn affidavits and provides that it is perjury for a person to willfully subscribe as true any material matter that he does not believe to be true in a written declaration, certificate, verification, or statement made under penalty of perjury. HB 2652; CH. 423.

§ 18.2-462 amended.
Impeding a criminal investigation; penalty. Provides that any person with actual knowledge of the commission of a felony under Chapter 4 of Title 18.2 (Crimes Against the Person) by another, who willfully conceals, alters, dismembers, or destroys any item of physical evidence with the intent to delay, impede, obstruct, prevent, or hinder the investigation, apprehension, prosecution, conviction, or punishment of any person regarding such offense, is guilty of a Class 6 felony. This provision does not apply to the victim or the spouse, parent, grandparent, child, grandchild, or sibling of the offender. HB 2288; CH. 408.

§ 18.2-465.1 amended.
Jury service by employed people. Replaces the provision scheduled to become effective July 1, 2005, permitting a person to be absent from work on any day he serves on a jury with a provision that no person who is summoned and appears for jury duty for four or more hours shall be required to start any work shift that begins on or after 5:00 p.m. on the day of jury service or begins before 3:00 a.m. on the day following the day of jury service. HB 2795; CH. 931.

§ 18.2-479 amended.
Escape from custody without violence. Provides that if any person lawfully confined in jail or in the custody of any court or court officer or of any law-enforcement officer, for a probation or parole violation, escapes, other than by force or violence or by setting fire to the jail, he is guilty of a Class 1 misdemeanor. Currently, misdemeanor escape is punishable only when the person is being held on a misdemeanor charge or conviction. HB 1513; CH. 573.

§§ 18.2-500 and 18.2-507.
See § 8.01-2; SB 1118.