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Virginia State Laws

Virginia State Laws. JMU Office of Judicial Affairs.

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Virginia State Laws

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  1. Virginia State Laws JMU Office of Judicial Affairs

  2. 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 Virginia’s 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. FREE: Foundational Plan for Each College or UniversityRebuild the Campus CultureEnforcementEducation

  3. 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 The Depth of Alcohol Abuse on Campus

  4. 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 driver’s license. 46.2-347. Fraudulent use of driver’s 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 person’s driver’s 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. Alcohol and Other Drug Offenses

  5. 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. Alcohol and Other Drug Offenses

  6. 18.2-250.1. Possession of marijuana. It’s 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. It’s 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. It’s 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.It’s 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. Alcohol and Other Drug Offenses

  7. Alcohol and Other Drug Offenses • 18.2-255. Distribution of drugs to people under the age of 18. It’s 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.

  8. Alcohol and Other Drug Offenses • 18.2-264. Inhaling drugs or other noxious chemical substances. It’s 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.It’s 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.

  9. 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. Alcohol and Other Drug Offenses

  10. Driving Drunk • 18.2-266.1. Persons under 21 driving after illegal alcohol consumption.It’s 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. It’s 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.It’s illegal for anyone to drink alcohol while driving in VA. This is a Class 4 misdemeanor.

  11. 1. Down payment on a house 2. Trip to Europe for 2 3. 1 semester at JMU 4. 375 CD’s 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 Top 10 Things You Can Buy for the Cost of a DUI - $5600

  12. 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 Driving Drunk

  13. 18.2.61. Rape.It’s 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.It’s 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 victim’s mental incapacity or physical helplessness. 18.2-673. Aggravated sexual battery.It’s 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? It’s a misconception that “DATE RAPE” is not as serious as RAPE. “DATE RAPE” is a slang term, not a legal one. RAPE IS RAPE!! Criminal Sexual Assault

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