Chap. 213.—An ACT to define a “mob,” and a “lynching”; to provide for the
punishment of persons composing a “mob,” the actions of which result in
the injury or death of another person; to prescribe penalties therefor; to
provide for the recovery of damages therefor from any person or persons
composing the mob; to prescribe the jurisdiction of courts in actions and
prosecutions under the provisions of this act. [S B 191]

Approved March 14, 1928

1. Be it enacted by the general assembly of Virginia, That a
collection of people, assembled for the purpose and with the in-
tention of committing an assault and/or battery upon any person
and without authority of law, shall be deemed a “mob” for the
purpose of this act; and any act of violence by a “mob” upon the
body of any person, which shall result in the death of such person,
shall constitute a “lynching” within the meaning of this act.

2. The “lynching” of any person within this State by a “mob,”
shall be deemed murder, and any and every person composing a
“mob” and any and every accessory thereto, by which any person
is lynched, shall be guilty of murder, and upon conviction, shall be
punished as provided in chapter one hundred and seventy-eight of
the Code of Virginia.

3. Any and every person composing a “mob,” which shall com-
mit an assault and/or battery upon any person without authority
of law, shall be guilty of a felony, and upon conviction, shall be
confined in the penitentiary for not less than one year nor more than
ten years; provided, however, that if such injury shall result in the
death of such person, each and every principal and accessory of
such “mob,” and accessory thereto, shall be guilty of murder, and
upon conviction, shall be punished as provided in paragraph two
of this act.

4. It shall be the duty of the attorney for the Commonwealth,
of any county or city in Which a “lynching” may occur, to promptly
and diligently endeavor to ascertain the identity of the persons who
In any way participated therein, or who composed the “mob”
which perpetrated the same, and have them apprehended, and to
promptly proceed with the prosecution of any and all persons so
found; and to the end that such offenders may not escape proper
punishment, such attorney for the Commonwealth may be as-
sisted in all such endeavors and prosecutions, by the attorney gen-
eral, or other prosecutors designated by the governor for the pur-
pose; and the governor shall have full authority to spend such
sums as he may deem necessary for the purpose of seeking out the
identity, and apprehending the members of such guilty “mob.”
7. Nothing herein contained shall be construed to relieve any
member of any such mob from civil liability to the personal repre-
sentative of the victim of such lynching.

8. Any person suffering death from a mob attempting to lynch
another person, shall come within the provisions of this act, and
his personal representatives shall be entitled to relief in the same
manner and to the same extent as if he were the originally intended
victim of such mob.

9. Jurisdiction of all actions and prosecutions under any of the
provisions of this act, shall be in the circuit court of the county, or
corporation court of the city wherein a lynching may occur, or of
the county or city from which the person lynched may have been
taken, as aforesaid.