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2011 SESSION
11101906DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-60 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-60. Threats of death or bodily injury; threats to commit serious bodily harm to persons on school property; penalty.
A. 1.
Any person who knowingly communicates, in a writing, including an
electronically transmitted communication producing a visual or electronic
message, a threat to kill or do bodily injury to a person, regarding that person or any member of his family, and the threat places such or class of persons, regardless of whether the person or a member of the
class of persons who is the object of the threat actually receives
the threat, and the threat would place the person or a member of the
class of persons who is the object of the threat
in reasonable apprehension of death or bodily injury to
himself or his family member, is guilty of a Class 6
felony. However, any person who violates this subsection with the intent to commit an act of terrorism as defined in §
18.2-46.4 (i) intimidate the
civilian population at large or (ii) influence the conduct or activities of the
government of the United States, a state, or locality, or
any judicial proceeding through intimidation
is guilty of a Class 5 felony.
2. Any person who
communicates a threat, in a writing, including an electronically transmitted
communication producing a visual or electronic message, to kill or do bodily
harm, (i) on the grounds or premises of any elementary, middle or secondary
school property, (ii) at any elementary, middle or secondary school-sponsored
event or (iii) on a school bus to any person or persons, regardless of whether
the person who is the object of the threat actually receives the threat, and
the threat would place the person who is the object of the threat in reasonable
apprehension of death or bodily harm, is guilty of a Class 6 felony.
B. Any person who orally makes a threat to any employee of any elementary, middle or secondary school, while on a school bus, on school property or at a school-sponsored activity, to kill or to do bodily injury to such person, is guilty of a Class 1 misdemeanor.
A prosecution pursuant to this section may be either in the county, city or town in which the communication was made or received.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 874 of the Acts of Assembly of 2010 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.