Virginia State Laws

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Virginia State Laws

• JMU Office of Judicial Affairs

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FREE Foundational Plan for Each College or
UniversityRebuild the Campus CultureEnforcement
Education

• Foundational Plan for Each College or University
  - The key to the success of FREE is that every
  college or university will design a Foundational
  Plan by Jan. 1, 1999 to reduce binge illegal
  drinking. To fight alcohol abuse, the plan
  should bring purpose and accountability to all
  members of the community.
• Rebuild the Campus Culture - Campus and local
  communities must work together to Rebuild the
  Campus Culture from one that tolerates binge and
  illegal drinking to one that promotes personal
  responsibility, scholarship and citizenship.

• Enforcement - University administrators and law
  enforcement agencies will work together to
  Enforce Virginias alcohol laws both on and off
  campus. They must consistently enforce policies
  to make it clear that binge and illegal drinking
  will no longer be tolerated.
• Education - Each college and University must
  implement focused alcohol and drug abuse
  Education programs for all students, emphasizing
  1) Health and safety hazards of binge drinking
  and alcohol use, 2) Virginia alcohol and drug
  laws and penalties for violation, 3) University
  alcohol and drug policies and penalties for
  violation.

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The Depth of Alcohol Abuse on Campus

• 64 of violent crime on campus is alcohol-related
• 79 of unwanted sexual intercourse involves
  alcohol
• Each year students spend 5.5 billion on alcohol
• 58 of all college students do not engage in
  binge drinking

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Alcohol and Other Drug Offenses

• 4.1-305. Purchasing or possessing alcoholic
  beverages unlawful in certain cases. Its illegal
  for anyone under 21 to purchase or possess any
  alcoholic beverage (except in the performance or
  employment). This is a Class 1 misdemeanor, and
  is punishable by a 500 fine, a minimum 50 hours
  community service, or the suspension of drivers
  license.
• 46.2-347. Fraudulent use of drivers license or
  DMV ID card to buy alcohol. Its illegal for
  anyone under 21 to possess or attempt to use any
  false or altered license, birth certificate or
  student ID card (or any of the above Ids that
  belong to another person) to purchase or attempt
  to purchase alcohol. This is a Class 3
  misdemeanor--the court will revoke the persons
  drivers license for 30 days to 1 year.

• Did you know?
• You can be charged with possession even if you
  have ingested an alcoholic beverage?
• Whether internal or external, possession is the
  operative word.

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Alcohol and Other Drug Offenses

• 4.1-308. Drinking alcoholic beverages, or
  offering to another, in public places. Any
  person that take s a drink of an alcoholic
  beverage or offers a drink to another in a public
  place (whether its accepted or not) will be found
  guilty of a Class 4 misdemeanor.
• 4.1-306. Purchasing alcohol for people who are
  underage or already intoxicated. Purchasing
  alcohol for someone when you have previous
  knowledge that the person is underage or already
  intoxicated is illegal.
• 18.2-248. Manufacturing, giving, selling,
  distributing a controlled substance. It is
  illegal to manufacture, sell, give, distribute or
  possess a controlled substance or an imitation
  controlled substance with an intention to
  manufacture, sell, give, distribute or possess
  the substance.

• Did You Know?
• All state university property is considered a
  public place.
• Intoxication is a condition in which a person
  has consumed enough alcohol that his/her manner,
  disposition, speech, muscular movements, behavior
  and general appearance is noticeably affected.
• Sharing prescription medication is as illegal
  as giving a controlled substance.

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Alcohol and Other Drug Offenses

• 18.2-250.1. Possession of marijuana. Its
  illegal to knowingly possess marijuana. Any
  person who violates this will be guilty of a
  misdemeanor, possibly sent to jail for up to 30
  days, and charged a fine as high as 500. A
  second conviction for this is considered to be a
  Class 1 misdemeanor.
• 18.2-248.1. Sale, distribution, possession of
  marijuana. Its illegal for anyone to sell,
  give, distribute, or possess with intent to sell,
  give or distribute marijuana. Being found guilty
  of this can result in 12 months-30 years in jail,
  depending of the amount of marijuana.
• 18.2-250. Possession of controlled substances is
  unlawful. Its illegal for anyone to knowingly
  possess a controlled substance unless it was
  obtained with a valid prescription.
• 18.2-251.3. Possession or distribution of
  gamma-butyrolactone.

• Anyone who knowingly manufactures, sells, gives,
  distributes or possesses with the intent to
  distribute this date-rape drug will be guilty of
  a Class 3 felony.
• 18.2-248.5. Illegal stimulants and steroids.
  It?s illegal to knowingly manufacture, sell,
  give, distribute or possess with the intent to
  sell, give or distribute steroids. This is
  punishable by a jail term of 1 to 10 years and a
  possible fine of up to 20,000.
• 18.2-255.2. The sale of drugs on or near
  certain properties. Its illegal to knowingly
  manufacture, sell, give, distribute or possess
  with the intent to sell, give or distribute any
  controlled substance while on any public or
  private elementary, middle, high school, any 2 or
  4 year college or university or any public
  property open to public use. This is punishable
  by 1 to 5 years in jail and a fine up to
  100,000.

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Alcohol and Other Drug Offenses

• 18.2-255. Distribution of drugs to people under
  the age of 18. Its illegal for anyone over 18
  to knowingly or intentionally distribute any
  controlled substance to anyone under 18. This is
  punishable by a jail term of 10 to 50 years and a
  possible fine of up to 100,000.
• 18.2-265.1. Drug Paraphernalia. Drug
  Paraphernalia is defined as any equipment,
  products or materials that can be used to grow,
  manufacture, process, package, store, conceal or
  ingest any controlled substance.
• 18.2-265.4. Seizure and forfeiture of drug
  paraphernalia. All drug paraphernalia as defined
  above shall be forfeited to the Commonwealth.
  The paraphernalia may be seized and disposed of
  in a manner prescribed.

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Alcohol and Other Drug Offenses

• 18.2-264. Inhaling drugs or other noxious
  chemical substances. Its illegal to
  deliberately smell or inhale any drugs or
  chemical substances. Ex nail polish, glue.
  This is a Class 1 misdemeanor.
• 18.2-388. Profane swearing and intoxication in
  public. Its illegal to curse profanely, swear,
  or be intoxicated in public. This applies to
  intoxication by alcohol or drugs of any nature.
  This is a Class 4 misdemeanor.
• 4.1-317. Maintaining common nuisances. All
  houses, buildings, clubs, fraternity and sorority
  houses, boats, cars and every place alcohol is
  stored, sold, given away must operate within the
  VA state law or be deemed a common nuisance. The
  owner will be charged with a Class 1 misdemeanor.

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Alcohol and Other Drug Offenses

• 4.1-302. Illegal sale of alcoholic beverages in
  general. No one can sell alcohol in the state of
  Virginia without a license issued by the
  Commonwealth. This is a Class 1 misdemeanor.
• 4.1-303. Purchase of alcoholic beverages from
  someone without authorization to sell. No one
  may purchase alcohol from people that are
  licensed by the Commonwealth of Virginia. This
  is a Class 1 misdemeanor.
• 4.1-304. Persons to whom alcohol may not be
  sold. No one shall sell alcohol to people, when
  at the time of the sale are under 21 years old,
  interdicted, or intoxicated. This is a Class 1
  misdemeanor.

• Did you Know?
• An interdicted person is one who has already been
  denied the right to drink. Ex Cut off by a
  bartender.

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Driving Drunk

• 18.2-266.1. Persons under 21 driving after
  illegal alcohol consumption. Its illegal for
  someone under 21 to drink than drive (BAC greater
  than 0.02). This is punishable by forfeiture of
  license for 6 months, a fine up to 500 and
  completion of ASAP.
• 18.2-266. Driving a motor vehicle while
  intoxicated. Its illegal for anyone to operate
  a motor vehicle while having 1) a BAC of 0.08 or
  higher 2) is under the influence of alcohol 3)
  under the influence of a narcotic 4) under the
  combined influences of alcohol and any narcotic.
  
• 18.2-323.1. Drinking while operating a motor
  vehicle. Its illegal for anyone to drink
  alcohol while driving in VA. This is a Class 4
  misdemeanor.

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Top 10 Things You Can Buy for the Cost of a DUI -
5600

• 1. Down payment on a house
• 2. Trip to Europe for 2
• 3. 1 semester at JMU
• 4. 375 CDs
• 5. 1 used car or 1/2 payment for a new car

• 6. 800 movie tickets
• 7. 100 pairs of shoes
• 8. 186 haircuts
• 9. 112 romantic dinners for two
• 10. 3,200 cups of coffee

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Driving Drunk

• 18.2-268.2. Implied consent to post arrest
  chemical test to determine drug or alcohol
  content of blood. Any person who operates a
  motor vehicle in VA shall be deemed to have given
  consent to have blood samples taken.
• 18.2-268.3. Refusal of tests. If a person has
  been arrested for the above violations and then
  refuses to take a BAC test, the officer will take
  the person before a committing magistrate who
  will issue a warrant.
• 18.2-36.1. Certain conduct punishable as
  involuntary manslaughter. Anyone who is driving
  under the influence and unintentionally take the
  life of another will be charged with involuntary
  manslaughter. This is a Class 5 felony

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Criminal Sexual Assault

• 18.2.61. Rape. Its against the law to have
  sexual intercourse without consent. This can be
  accomplished through 1) force or threat of
  violence 2) physical or mental incapacity 3) with
  a child under the age of 13. This is a felony
  punishable by incarceration for 5 years to life.
• 18.2-674. Sexual Battery. Its illegal for
  anyone to sexually abuse a victim against the
  will of the victim by use of force, threat or
  intimidation, or through the use of the victims
  mental incapacity or physical helplessness.
• 18.2-673. Aggravated sexual battery. Its
  illegal to cause serious bodily harm while
  physically attacking and sexually abusing another
  person. This is a felony punishable by
  incarceration for 1 to 20 years and by a fine up
  to 100,000.

• Did you know?
• Its a misconception that DATE RAPE is not as
  serious as RAPE. DATE RAPE is a slang term,
  not a legal one. RAPE IS RAPE!!