Burning cross on property of another or public place with intent to intimidate; penalty; prima facie evidence of intent (§ 18.2-423)—Virginia Decoded

Burning cross on property of another or public place with intent to intimidate; penalty; prima facie evidence of intent

It shall be unlawful for any person or persons, with the intent of intimidating any person or group of persons, to burn, or cause to be burned, a cross on the property of another, a highway or other public place. Any person who shall violate any provision of this section shall be guilty of a Class 6 felony.Any such burning of a cross shall be prima facie evidence of an intent to intimidate a person or group of persons.

History

Code 1950, §§ 18.1-365 through 18.1-367; 1960, c. 358; 1968, c. 350; 1975, cc. 14, 15; 1983, c. 337.

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Court Decisions

Black v. Com. (SCV, 11/02/01)
. . . violation of Code § 18.2-423 and conspiracy to burn a cross in violation of Code § 18.2-423. . . .

Elliott v. Com. (SCV, 03/05/04)
. . . charged under § 18.2-423 for burning a cross at a Ku Klux Klan rally, we held that § 18.2-423 was . . .

Mitchem v. Counts (SCV, 01/14/00)
. . . The burning of a cross is a felony under Code § 18.2-423. Under the employer's theory, the . . .

Richard J. Elliott v. Commonwealth of Virginia (COA, 10/03/00)
. . . . . .

Jonathan Stephen O'Mara v. Commonwealth of Virginia (COA, 10/03/00)
. . . . . .

United States v. White (Court of Appeals for the Fourth Circuit, 03/01/12)
. . . at 348, 123 S.Ct. 1536 (quoting Va.Code Ann. § 18.2-423 (1996)). Recognizing that simply burning a . . .

. . . North Carolina Right to Life, Incorporated North Carolina . . . (Court of Appeals for the Fourth Circuit, 09/23/03)
. . . .2d 535 (2003) (quoting Va.Code Ann. § 18.2-423 (1996)). The plurality reasoned that the prima . . .

NC Right to Life Inc v. Leake (Court of Appeals for the Fourth Circuit, 09/23/03)
. . . Ct. 1536, . . .

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