Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center (§ 18.2-388)—Virginia Decoded

Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center

If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center.

History

Code 1950, § 18.1-237; 1960, c. 358; 1964, c. 434; 1975, cc. 14, 15; 1979, c. 654; 1982, c. 666; 1983, c. 187; 1990, c. 965.

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Court Decisions

Crislip v. Com. (COA, 10/30/01)
. . . that the words "in public" under Code § 18.2-388 are synonymous with the words "public place…of . . .

. . . Jonathan Rogers v. M. L. Pendleton, Officer M. G. Vinyard, . . . (Court of Appeals for the Fourth Circuit, 05/04/01)
. . . and intoxication in public under Va. Code Ann. S 18.2-388 (Michie 1996 & Supp. 2000). The . . .

Flaherty v. Com. (COA, 03/24/92)
. . . violating Code § 18.2-388, appellant correctly asserts that a conviction for Code § 18.2-388 lies . . .

McGhee v. Com. (SCV, 11/04/10)
. . . McGhee ("McGhee") for violating Code § 18.2-388 (public intoxication) and whether the . . .

Burgess v. City of Virginia Beach (COA, 09/19/89)
. . . 23-22, which parallels the language of Code § 18.2-388, provides in pertinent part: "If any person . . .

United States v. Everett Oshae Brown (Court of Appeals for the Fourth Circuit, 03/25/05)
. . . Class 4 misdemeanor." Va.Code Ann. § 18.2-388 (2004). A person is "intoxicated" if…for . . .

Sestito v. DeBRULAR (District Court, E.D. Virginia, 07/10/09)
. . . purposes of § 18.2-388).[12] Moreover, the Fourth Circuit in Brown, applying § 18.2-388, clearly . . .

. . . Brian C. Bates, by His Next Friend, Cheryl Anne Johns v. . . . (Court of Appeals for the Fourth Circuit, 06/19/00)
. . . influence of intoxicants in public. See id. § 18.2-388. When Genova arrived on the scene, he . . .

Debroux v. Com. (COA, 05/02/00)
. . . for public intoxication pursuant to Code *160 § 18.2-388 or disorderly conduct pursuant to Code § . . .

Alan Neff v. Commonwealth of Virginia (COA, 05/20/14)
. . . in public in violation of Code . . .

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