CODE OF VIRGINIA

ILLEGAL USE OF TEAR GAS, PHOSGENE AND OTHER GASES (§ 18.2-312)

If any person maliciously release or cause or procure to be released in any
private home, place of business or place of public gathering any tear gas,
mustard gas, phosgene gas or other noxious or nauseating gases or mixtures of
chemicals designed to, and capable of, producing vile or injurious or nauseating
odors or gases, and bodily injury results to any person from such gas or odor,
the offending person shall be guilty of a Class 3 felony.If such act be done
unlawfully, but not maliciously, the offending person shall be guilty of a Class
6 felony.Nothing herein contained shall prevent the use of tear gas or other
gases by police officers or other peace officers in the proper performance of
their duties, or by any person or persons in the protection of person, life or
property.

HISTORY: Code 1950, § 18.1-70; 1960, c. 358; 1975, cc. 14, 15.