CHAPTER 460

An Act to amend the Code of Virginia by adding in Chapter 5 of Title
18.1 an article numbered 1.1 containing sections numbered 18.1-254.1
through 18.1-254.12, to define riots, routs and unlawful assemblies;
to prescribe penalties for participating therein and for certain activi-
ties relating thereto including failure to disperse upon command; to
exempt private citizens called upon by law enforcement officers to dis-
perse or arrest persons unlawfully or riotously assembled from civil
or criminal liability under certain circumstances. 'H 8661

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Chapter 5 of Title
18.1, an article numbered 1.1, containing §§ 18.1-254.1 through 18.1-254.12,
as follows:
Article 1.1
Riots, etc. Disorderly Conduct
§ 18.1-254.1. As used in this article:

(a) Any unlawful use of force or violence, by six or more persons
acting together, is riot. Any threat to use unlawful force or violence, if
accompanied by immediate power of execution, by six or more persons
acting together to cause, produce, or promote unlawful use of force or
violence, is riot.

(b) Whenever three or more persons acting together make any at-
tempt to do any act which would be riot if actually committed, such acts
shall be a rout.

(c) Whenever three or more persons assemble with the common
intent or with means and preparations to do an unlawful act which would
be riot if actually committed, but do not act toward the commission there-
of, or whenever three or more persons assemble without authority of law
and for the purpose of disturbing the peace or exciting public alarm or
disorder, such assembly is an unlawful assembly.

§ 18.1-254.2. Every person convicted of participating in any riot
shall be punished as follows:

(a) If any grand larceny, burglary, murder, maiming, robbery, kid-
napping, abduction, rape, or arson was committed in the course of such
riot and there is proof that such offense or offenses were caused, procured,
encouraged or resulted from such riot, and that such person had personal
knowledge that such offense or offenses were taking place, in the same
manner as a principal in the most serious of any such offense as was com-
mitted; or, in the discretion of the jury, or judge trying the case without
a jury, by confinement in jail not to exceed one year or by fine not to
exceed one thousand dollars;

(b) If the purpose of the riotous assembly was to resist the execution
of any statute of this State or of the United States, or to obstruct any
public officer of his State or of the United States in the performance of
any legal duty, or in serving or executing any legal process, by imprison-
ment in the penitentiary for not less than two years nor more than ten
years ; or, in the discretion of the jury, or judge trying the case without a
jury, by confinement in jail not to exceed one year or by fine not to exceed
one thousand dollars;

(c) If such person carried, at the time of such riot, any species of
firearms or other deadly or dangerous weapon, or was disguised, by im-
prisonment in the penitentiary for not less than two years nor more than
ten years; or, in the discretion of the jury, or judge trying the case without
a jury, by confinement in jail not to exceed one year or by fine not to exceed
one thousand dollars; ;

(d) If such person conspired with others to cause or produce a riot,
or directed, advised, encouraged, incited, or solicited other persons who
participated in the riot to acts of force or violence, by imprisonment in
the penitentiary for not less than two nor more than ten years; or, 1n
the discretion of the jury, or judge trying the case without a jury, by con-
finement in jail not to exceed one year or by fine not to exceed one thousand

ollars;

(e) In all other cases, in the same manner as for a misdemeanor.

§ 18.1-254.8. Every person who participates in any rout or unlawful
assembly shall be guilty of a misdemeanor.

§ 18.1-254.4. Every person, except public officers and persons assist-
ing them, remaining present at the place of any riot, rout, or unlawful
assembly after having been lawfully warned to disperse, shall be guilty
of a misdemeanor.

§ 18.1-254.5. When three or more persons assemble for a lawful pur-
pose and afterwards proceed to commit or attempt or threaten to commit
an act which would amount to rout or riot if it had been the original pur-
pose of the meeting, every person, except public officers and persons assist-
ing them, who does not retire when the change of purpose is made known,
shall be guilty of a misdemeanor. a

§ 18.1-254.6. Every person acting jointly or in combination with
any other person to resist or obstruct the execution of any legal process
shall be punished by imprisonment in jail for not more than one year, or
by a fine of not more than one thousand dollars, or by both such fine and
imprisonment. |

§ 18.1-254.7. If it appears to the Governor that the power of the
locality is not sufficient to enable the sheriff or other officer to execute
process delivered to him or to suppress riots and to preserve the peace, he
may order law enforcement agencies, National Guard, militia or other
agencies of the State or localities as may be necessary to execute such
process and to preserve the peace. All persons so ordered or summoned by
the Governor are required to attend and act. Any person who, without
lawful cause, refuses or neglects to obey the command, shall be guilty of a
misdemeanor.

§ 18.1-254.8. When any number of persons, whether armed or not,
unlawfully or riotously are assembled, the sheriff of the county and his
deputies, the police officials of the city or town, or any of them, shall go
among the persons assembled or as near to them as possible and command
them in the name of the State immediately to disperse. If upon command
the persons unlawfully assembled do not disperse immediately, the sheriff
or officer may use such force as is necessary to disperse them and/or to
arrest those who fail or refuse to disperse. To this end, the sheriff or other
law enforcement officer may seek and use the assistance and services of
private citizens. Any private citizen who by request seeks to or assists the
law enforcement officer or officers in dispersing persons unlawfully or
riotously assembled shall be immune from civil or criminal liability for
using such reasonable force as may be necessary to arrest or disperse those
persons who fail to disperse as ordered.

§ 18.1-254.9. Every endeavor must be used, both by the sheriff or
other officers and by the officer commanding any other force, which can
be made consistently with the preservation of life, to induce or force the
rioters to disperse before an attack is made upon them by which their lives
may be endangered. If any of the persons so riotously or unlawfully as-
sembled shall be killed, maimed or otherwise injured, in consequence of
resisting the sheriff or others in dispersing and apprehending them, or in
attempting to disperse and apprehend them, such sheriffs and other off-
cers and others acting by their authority, or the authority of any of them,
shall be held guiltless; provided, such killing, maiming or injury shall take
place in consequence of the use of necessary and proper means to disperse
or apprehend any such persons so riotously or unlawfully assembled.

§ 18.1-254.10. Any person, who after the publication of a proclama-
tion by the Governor, or who after lawful notice to disperse and retire,
resists or aids in resisting the execution of process in county, city or town
declared to be in a state of riot or insurrection, or who aids or attempts
the rescue or escape of another from lawful custody or confinement, or
who resists or aids in resisting a force ordered out by the Governor or any
sheriff or other officer to quell or suppress an insurrection or riot, shall be
guilty of a felony, and shall be punished by imprisonment in the peniten-
tiary for not less than two years nor more than ten years; or, in the dis-
cretion of the jury, or judge trying the case without a jury, by confine-
ment in jail not to exceed one year or by fine not to exceed one thousand

ollars; |

§ 18.1-254.11. If any person or persons, unlawfully or riotously as-
sembled, pull down, injure, or destroy, or begin to pull down, injure or
destroy any dwelling house or other building, or assist therein, or perpe-
trate any premeditated injury on the person of another, he shall be im-
prisoned in the penitentiary not less than two nor more than five years;
or, in the discretion of the jury, or judge trying the case without a jury,
by confinement in jail not to exceed one year or by fine not to exceed one
thousand dollars;

§ 18.1-254.12. Cities, towns and counties are hereby authorized and
empowered to adopt ordinances or resolutions prohibiting and punishing
the above acts, or any of them, when committed in such cities, towns or
counties, and such ordinances or resolutions shall provide the same punish-
ment for a violation thereof as is provided by this section, anything in
the charters of such cities or towns to the contrary notwithstanding. All
fines imposed for the violation of such ordinances or resolutions shall be
paid to and retained by such cities, towns and counties, and the Common-
wealth shall not be chargeable with any costs in connection with any
prosecution for the violation of any such ordinances or resolutions.
2.. Article 1 of Title 18.1 containing §§ 18.1-247 through 18.1-254 is
repealed.

8. An emergency exists and this act is in force from its passage.