16103454D
SENATE BILL NO. 628
Offered January 15, 2016
A BILL to amend and reenact §18.2-60 of the Code of Virginia,
relating to threats of death or bodily injury; penalty.
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Patron-- Locke
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Referred to Committee for Courts of Justice
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Be 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 to a person or
member of his family; threats to commit 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 person 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 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 is at least $227,666 for
periods of imprisonment in state adult correctional facilities and cannot be
determined for periods of commitment to the custody of the Department of
Juvenile Justice.
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