DCJS Virginia Laws and Legal Procedures 5 — Questions and Answers
Question 1: Under Virginia Code § 18.2-46.2, participation in a criminal street gang is classified as a:
- Class 5 felony (Correct answer)
- Class 4 felony
- Class 6 felony
- Class 1 misdemeanor
Correct answer: Class 5 felony
Active participation in a criminal street gang with knowledge of its criminal purpose is a Class 5 felony under Virginia Code § 18.2-46.2.
Question 2: In Virginia, a magistrate may issue a search warrant only upon a showing of:
- Reasonable suspicion
- Probable cause supported by oath or affirmation (Correct answer)
- Preponderance of evidence
- Clear and convincing evidence
Correct answer: Probable cause supported by oath or affirmation
The Fourth Amendment and Virginia Code § 19.2-54 require probable cause supported by oath or affirmation before a search warrant may be issued.
Question 3: Under the Virginia Computer Crimes Act (§ 18.2-152.3), unauthorized access to a computer system with intent to defraud is classified as a:
- Class 6 felony (Correct answer)
- Class 5 felony
- Class 3 felony
- Class 1 misdemeanor
Correct answer: Class 6 felony
Computer fraud involving unauthorized access with intent to defraud is a Class 6 felony under Virginia Code § 18.2-152.3.
Question 4: Virginia Code § 19.2-299.1 requires that presentence reports consider which factor in domestic violence cases?
- The defendant's immigration status
- The impact on the victim and any children in the household (Correct answer)
- The defendant's military service record
- Prior expunged offenses
Correct answer: The impact on the victim and any children in the household
Presentence reports in domestic violence cases must address the impact on the victim and any children residing in the household.
Question 5: Under Virginia law, a police officer may conduct a 'protective sweep' of a home incident to arrest when:
- The officer has a search warrant for the premises
- There is reasonable belief persons posing danger to officers may be in adjoining spaces (Correct answer)
- The arrested person consents to the search
- The officer suspects drugs are present in the home
Correct answer: There is reasonable belief persons posing danger to officers may be in adjoining spaces
A protective sweep is authorized when officers have a reasonable belief that dangerous individuals may be lurking in spaces immediately adjoining the arrest site.
Question 6: Virginia Code § 18.2-371.1 defines 'abuse and neglect of children.' A parent commits felony child abuse when their action or inaction causes:
- Any injury requiring medical attention
- Serious injury to the child's life or health (Correct answer)
- The child to miss more than 10 school days
- Emotional distress observable by a teacher
Correct answer: Serious injury to the child's life or health
Felony child abuse under Virginia Code § 18.2-371.1 requires that the parent's willful act or omission cause or permit serious injury to the child's life or health.
Question 7: Under Virginia's Freedom of Information Act (VFOIA), which of the following law enforcement records is generally EXEMPT from mandatory disclosure?
- General orders and standard operating procedures
- Criminal incident reports after investigation closes
- Confidential informant identities and undercover operation details (Correct answer)
- Annual budget submissions to local government
Correct answer: Confidential informant identities and undercover operation details
Virginia Code § 2.2-3706 exempts confidential informant identities and active undercover investigation materials from VFOIA disclosure requirements.
DCJS Virginia Laws and Legal Procedures 5
Under Virginia Code § 18.2-46.2, participation in a criminal street gang is classified as a: