Va. Code § 18.2-46.3:1: Third or subsequent conviction of criminal street gang crimes

Upon a felony conviction of § 18.2-46.2 or 18.2-46.3, where it is alleged in the warrant, information or indictment on which a person is convicted that (i) such person has been previously convicted twice under any combination of § 18.2-46.2 or 18.2-46.3, within 10 years of the third or subsequent offense, and (ii) each such offense occurred on different dates, such person is guilty of a Class 2 felony.2004, cc. 396, 435, 847; 2023, cc. 396, 397.