Code of Virginia

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Code of Virginia
Title 18.2. Crimes and Offenses Generally
Chapter 11. Offenses Against the Sovereignty of the Commonwealth
1/27/2022

Article 1. Treason and Related Offenses.

§ 18.2-481. Treason defined; how proved and punished.

Treason shall consist only in:

(1) Levying war against the Commonwealth;

(2) Adhering to its enemies, giving them aid and comfort;

(3) Establishing, without authority of the legislature, any government within its limits separate from the existing government;

(4) Holding or executing, in such usurped government, any office, or professing allegiance or fidelity to it; or

(5) Resisting the execution of the laws under color of its authority.

Such treason, if proved by the testimony of two witnesses to the same overt act, or by confession in court, shall be punishable as a Class 2 felony.

Code 1950, § 18.1-418; 1960, c. 358; 1975, cc. 14, 15.

§ 18.2-482. Misprision of treason.

If any person knowing of such treason shall not, as soon as may be, give information thereof to the Governor, or some conservator of the peace, he shall be guilty of a Class 6 felony.

Code 1950, § 18.1-419; 1960, c. 358; 1975, cc. 14, 15.

§ 18.2-483. Attempting, or instigating others, to establish usurped government.

If any person attempt to establish any such usurped government and commit any overt act therefor or by writing or speaking endeavor to instigate others to establish such government, he shall be guilty of a Class 1 misdemeanor.

Code 1950, § 18.1-420; 1960, c. 358; 1975, cc. 14, 15.

§ 18.2-484. Advocacy of change in government by force, violence or other unlawful means.

It shall be unlawful for any person, group, or organization to advocate any change, by force, violence, or other unlawful means in the government of the Commonwealth of Virginia or any of its subdivisions or in the government of the United States of America.

It shall be unlawful for any person to join, assist or otherwise contribute to any group or organization which, to the knowledge of such person, advocates or has as its purpose, aim or objective, any change, by force, violence, or other unlawful means in the government of the Commonwealth of Virginia or any of its subdivisions or in the government of the United States of America.

Violation of this section shall be punishable as a Class 6 felony.

Nothing herein shall be construed to limit or prohibit the advocacy, orally or otherwise, of any change, by peaceful means, in the government of the Commonwealth or any of its subdivisions or in the government of the United States.

Code 1950, § 18.1-421; 1960, c. 358; 1962, c. 343; 1975, cc. 14, 15.

§ 18.2-485. Conspiring to incite one race to insurrection against another race.

If any person conspire with another to incite the population of one race to acts of violence and war against the population of another race, he shall, whether such acts of violence and war be made or not, be guilty of a Class 4 felony.

Code 1950, § 18.1-422; 1960, c. 358; 1975, cc. 14, 15.