Chap. 25.—An ACT to prohibit persons from releasing or causing or procuring tc
be released in any private home or place of public gathering, tear gas.
mustard gas, phosgene gas, and other noxious or nauseating gases and certain
mixtures of chemicals and to provide penalties for violations of this act.

[H B 42]
Approved February 16, 1934

I. Be it enacted by the General Assembly of Virginia, That if any
person wilfully or intentionally release or cause or procure to be re-
leased in any private home or place of public gathering, any tear gas,
mustard gas, phosgene gas, or other noxious or nauseating gases or
mixtures of chemicals, designed: to, and capable of producing vile or
injurious or nauseating odors or gases, he shall be deemed guilty of a
felony and be punished by confinement in the penitentiary for not less
than one nor more than ten years or, in the discretion of the court or
jury, by a fine of not exceeding five hundred dollars or a jail sentence
not exceeding twelve months, either or both. And if any living person,
animal or bird be physically injured by such gas or chemical combina-
tion, then the person releasing or placing, or causing to be released or
placed such noxious gases or chemical combinations, shall be deemed
guilty of maliciously causing bodily injury to such person, animal or
bird, and shall be confined in the penitentiary for a period of not less
than one nor more than twenty years.

Nothing herein contained shall prevent the use of tear gas or other
gases by police officers or other peace officers in the proper performance
of their duties, or by any person or persons in the protection of person,
life or property.

2. An emergency existing, this act shall be in force from its passage.