Code of Virginia § 18.2-460. Obstructing justice; resisting arrest; fleeing from a law-enforcement officer; penalties.

490 words·~2 min read·/va/title-18-2/chapter-10/18-2-460

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 , he is guilty of a Class 1 misdemeanor.

B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or an animal control officer employed pursuant to § 3.2-6555 lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.

C. If any person by threats of bodily harm or force knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate § 18.2-248 or subdivision (a)(3),

(b)or

(c)of § 18.2-248 .1, or § 18.2-46.2 or § 18.2-46.3 , or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.1-805 , he is guilty of a Class 5 felony.

D. Any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer or an animal control officer employed pursuant to § 3.2-6555 who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.

E. Any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor. For purposes of this subsection, intentionally preventing or attempting to prevent a lawful arrest means fleeing from a law-enforcement officer when

(i)the officer applies physical force to the person, or

(ii)the officer communicates to the person that he is under arrest and

(a)the officer has the legal authority and the immediate physical ability to place the person under arrest, and

(b)a reasonable person who receives such communication knows or should know that he is not free to leave.

Code 1950, § 18.1-310; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 269; 1984, c. 571; 1989, c. 506; 1993, c. 747; 1996, c. 718 ; 1999, cc. 770 , 800 ; 2002, cc. 527 , 810 , 818 ; 2003, cc. 111 , 149 ; 2004, cc. 396 , 435 ; 2007, cc. 220 , 282 ; 2009, c. 242 ; 2018, c. 417 .