Virginia Code 46.2-1086: Devices for emission of smoke screens, gas projectors or flame throwers; prohibited
It shall be a Class 6 felony to install or to aid or abet in installing, in any manner, in or on any motor vehicle any device, appliance, equipment, or instrument of any kind, character, or description, or any part of such device, appliance, equipment, or instrument, designed for generating or emitting smoke, thereby creating what is commonly known as a “smoke screen,” or of emitting any gas or flame which may be a hindrance or obstruction to traffic. It shall also be a Class 6 felony to knowingly possess or drive on the highways any motor vehicle so equipped.
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 6 felony | up to 5 years | up to $2,500 |
Terms Used In Virginia Code 46.2-1086
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
Additionally, the driver’s license of any person convicted of a violation of this section shall be suspended for six months from the date of conviction.
The provisions of this section shall not apply to vehicles used in applying herbicides, insecticides, or pesticides.
Code 1950, § 46-309; 1958, c. 541, § 46.1-305; 1962, c. 302; 1989, c. 727.