Virginia

Decoded

§ 18.2-405

What constitutes a riot; punishment

Any unlawful use, by three or more persons acting together, of force or violence which seriously jeopardizes the public safety, peace or order is riot.Every person convicted of participating in any riot shall be guilty of a Class 1 misdemeanor.If such person carried, at the time of such riot, any firearm or other deadly or dangerous weapon, he shall be guilty of a Class 5 felony.

History

Code 1950, §§ 18.1-254.1, 18.1-254.2; 1968, c. 460; 1971, Ex. Sess., c. 251; 1975, cc. 14, 15.

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If you’re reading this for anything important, you should double-check its accuracy—read § 18.2-405 on the official Code of Virginia website.

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Court Decisions

. . . United States v. Richard Bassil, United States of America v. . . . (Court of Appeals for the Fourth Circuit, 05/06/91)
. . . U.S.C. Sec. 13 (assimilating Va.Code Ann. Sec. 18.2-405), and injuring a person during a riot in . . .
UNITED STEELWORKERS OF AMERICA, ETC. v. Dalton (District Court, E.D. Virginia, 05/21/82)
. . . .2-407 can only be taken in conjunction with § 18.2-405, the riot statute, or § 18.2-406, the . . .

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Amendment Attempts

HB5125: Riots and unlawful assemblies; dangerous weapons, penalty. (failed)
SB5056: Riots; person is guilty of a Class 6 felony if commits an act of violence during a riot, etc. (failed)
SB5073: Riots and unlawful assemblies; dangerous weapons, penalty. (failed)