{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-251.03.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-251.03.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-251.03.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-251.03.html"}],"law_id":71520,"edition_id":1,"section_id":71520,"structure_id":13207,"section_number":"18.2-251.03","catch_line":"Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence","history":"2015, cc. 418, 436; 2019, c. 626; 2020, c. 1016; 2021 Sp. Sess. I, cc. 29, 550, 551; 2025, cc. 396, 719, 721.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Act of sexual violence” means an alleged violation of § 18.2-361, 18.2-370, or 18.2-370.1 or the laws pertaining to criminal sexual assault pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4.\n\t\t\t“Overdose” means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances.B\n\nNo individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol pursuant to \u00a7 4.1-305, unlawful purchase, possession, or consumption of marijuana pursuant to \u00a7 4.1-1105.1, involuntary manslaughter pursuant to \u00a7 18.2-36.3, possession of a controlled substance pursuant to \u00a7 18.2-250, intoxication in public pursuant to \u00a7 18.2-388, or possession of controlled paraphernalia pursuant to \u00a7 54.1-3466 if:1\n\nSuch individual (i) in good faith, seeks or obtains emergency medical attention (a) for himself, if he is experiencing an overdose, or (b) for another individual, if such other individual is experiencing an overdose; (ii) is experiencing an overdose and another individual, in good faith, seeks or obtains emergency medical attention for such individual, by contemporaneously reporting such overdose to a firefighter, as defined in § 65.2-102, emergency medical services personnel, as defined in § 32.1-111.1, a law-enforcement officer, as defined in § 9.1-101, or an emergency 911 system; or (iii) in good faith, renders emergency care or assistance, including cardiopulmonary resuscitation (CPR) or the administration of naloxone or other opioid antagonist for overdose reversal, to an individual experiencing an overdose while another individual seeks or obtains emergency medical attention in accordance with this subdivision;2\n\nSuch individual remains at the scene of the overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law-enforcement officer responds to the report of an overdose. If no law-enforcement officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth herein;3\n\nSuch individual identifies himself to the law-enforcement officer who responds to the report of the overdose; and4\n\nThe evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining emergency medical attention or rendering emergency care or assistance.C\n\nNo individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol pursuant to \u00a7 4.1-305, unlawful purchase, possession, or consumption of marijuana pursuant to \u00a7 4.1-1105.1, possession of a controlled substance pursuant to \u00a7 18.2-250, intoxication in public pursuant to \u00a7 18.2-388, or possession of controlled paraphernalia pursuant to \u00a7 54.1-3466 if:1\n\nSuch individual, in good faith, seeks or obtains assistance for himself or another individual from emergency medical services personnel, as defined in § 32.1-111.1, a health care provider, as defined in § 8.01-581.1, or a law-enforcement officer, as defined in § 9.1-101, and seeks to report an act of sexual violence committed against himself or another individual;2\n\nSuch individual identifies himself to the law-enforcement officer who responds to the report of the act of sexual violence; and3\n\nThe evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining medical attention, rendering care or assistance, or reporting to law enforcement.\n\t\t\t\tThis subsection shall not apply to an individual who is alleged to have committed the act of sexual violence.D\n\nThe provisions of this section shall not apply to any person who seeks or obtains emergency medical attention for himself or another individual, to a person experiencing an overdose or who has experienced an act of sexual violence when another individual seeks or obtains emergency medical attention for him, or to a person who renders emergency care or assistance to an individual experiencing an overdose or who has experienced an act of sexual violence while another person seeks or obtains emergency medical attention during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.E\n\nThis section does not establish protection from arrest or prosecution for any individual or offense other than those listed in subsection B or C. However, any individual immune to arrest or prosecution under this section shall not have his bail, probation, furlough, supervised release, suspended sentence, or parole revoked for the behavior immune from arrest or prosecution under the provisions of this section.F\n\nNo law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution under this section.","order_by":null,"text":{"0":{"id":257809,"text":"For purposes of this section:\n\t\t\t“Act of sexual violence” means an alleged violation of § 18.2-361, 18.2-370, or 18.2-370.1 or the laws pertaining to criminal sexual assault pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4.\n\t\t\t“Overdose” means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257810,"text":"No individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol pursuant to \u00a7 4.1-305, unlawful purchase, possession, or consumption of marijuana pursuant to \u00a7 4.1-1105.1, involuntary manslaughter pursuant to \u00a7 18.2-36.3, possession of a controlled substance pursuant to \u00a7 18.2-250, intoxication in public pursuant to \u00a7 18.2-388, or possession of controlled paraphernalia pursuant to \u00a7 54.1-3466 if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":257811,"text":"Such individual (i) in good faith, seeks or obtains emergency medical attention (a) for himself, if he is experiencing an overdose, or (b) for another individual, if such other individual is experiencing an overdose; (ii) is experiencing an overdose and another individual, in good faith, seeks or obtains emergency medical attention for such individual, by contemporaneously reporting such overdose to a firefighter, as defined in § 65.2-102, emergency medical services personnel, as defined in § 32.1-111.1, a law-enforcement officer, as defined in § 9.1-101, or an emergency 911 system; or (iii) in good faith, renders emergency care or assistance, including cardiopulmonary resuscitation (CPR) or the administration of naloxone or other opioid antagonist for overdose reversal, to an individual experiencing an overdose while another individual seeks or obtains emergency medical attention in accordance with this subdivision;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":257812,"text":"Such individual remains at the scene of the overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law-enforcement officer responds to the report of an overdose. If no law-enforcement officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth herein;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":257813,"text":"Such individual identifies himself to the law-enforcement officer who responds to the report of the overdose; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":257814,"text":"The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining emergency medical attention or rendering emergency care or assistance.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":257815,"text":"No individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol pursuant to \u00a7 4.1-305, unlawful purchase, possession, or consumption of marijuana pursuant to \u00a7 4.1-1105.1, possession of a controlled substance pursuant to \u00a7 18.2-250, intoxication in public pursuant to \u00a7 18.2-388, or possession of controlled paraphernalia pursuant to \u00a7 54.1-3466 if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"C1"},"7":{"id":257816,"text":"Such individual, in good faith, seeks or obtains assistance for himself or another individual from emergency medical services personnel, as defined in § 32.1-111.1, a health care provider, as defined in § 8.01-581.1, or a law-enforcement officer, as defined in § 9.1-101, and seeks to report an act of sexual violence committed against himself or another individual;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"8":{"id":257817,"text":"Such individual identifies himself to the law-enforcement officer who responds to the report of the act of sexual violence; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"9":{"id":257818,"text":"The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining medical attention, rendering care or assistance, or reporting to law enforcement.\n\t\t\t\tThis subsection shall not apply to an individual who is alleged to have committed the act of sexual violence.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"10":{"id":257819,"text":"The provisions of this section shall not apply to any person who seeks or obtains emergency medical attention for himself or another individual, to a person experiencing an overdose or who has experienced an act of sexual violence when another individual seeks or obtains emergency medical attention for him, or to a person who renders emergency care or assistance to an individual experiencing an overdose or who has experienced an act of sexual violence while another person seeks or obtains emergency medical attention during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"11":{"id":257820,"text":"This section does not establish protection from arrest or prosecution for any individual or offense other than those listed in subsection B or C. However, any individual immune to arrest or prosecution under this section shall not have his bail, probation, furlough, supervised release, suspended sentence, or parole revoked for the behavior immune from arrest or prosecution under the provisions of this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"12":{"id":257821,"text":"No law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution under this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13207,"edition_id":1,"name":"Drugs","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":166503,"object_type":"structure","relational_id":13207,"identifier":"1","token":"18.2\/7\/1","url":"\/18.2\/7\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84070,"structure_id":13207,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","url":"\/18.2-247\/","token":"18.2\/7\/1\/18.2-247","metadata":false},{"id":68693,"structure_id":13207,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; 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violations for which no penalty provided","url":"\/18.2-260\/","token":"18.2\/7\/1\/18.2-260","metadata":false},{"id":72374,"structure_id":13207,"section_number":"18.2-260.1","catch_line":"Falsifying patient records","url":"\/18.2-260.1\/","token":"18.2\/7\/1\/18.2-260.1","metadata":false},{"id":66248,"structure_id":13207,"section_number":"18.2-261","catch_line":"Monetary penalty","url":"\/18.2-261\/","token":"18.2\/7\/1\/18.2-261","metadata":false},{"id":74458,"structure_id":13207,"section_number":"18.2-262","catch_line":"Witnesses not excused from testifying or producing evidence because of self-incrimination","url":"\/18.2-262\/","token":"18.2\/7\/1\/18.2-262","metadata":false},{"id":57290,"structure_id":13207,"section_number":"18.2-263","catch_line":"Unnecessary to negative exception, etc.; burden of proof of exception, etc","url":"\/18.2-263\/","token":"18.2\/7\/1\/18.2-263","metadata":false},{"id":86559,"structure_id":13207,"section_number":"18.2-264","catch_line":"Inhaling drugs or other noxious chemical substances or causing, etc., others to do so; distribution of nitrous oxide to persons under 18 prohibited; penalties","url":"\/18.2-264\/","token":"18.2\/7\/1\/18.2-264","metadata":false},{"id":63611,"structure_id":13207,"section_number":"18.2-264.01","catch_line":"Repealed","url":"\/18.2-264.01\/","token":"18.2\/7\/1\/18.2-264.01","metadata":false},{"id":70241,"structure_id":13207,"section_number":"18.2-264.1","catch_line":"Repealed","url":"\/18.2-264.1\/","token":"18.2\/7\/1\/18.2-264.1","metadata":false},{"id":72892,"structure_id":13207,"section_number":"18.2-265","catch_line":"Repealed","url":"\/18.2-265\/","token":"18.2\/7\/1\/18.2-265","metadata":false}],"previous_section":{"id":58651,"structure_id":13207,"section_number":"18.2-251.02","catch_line":"Drug Offender Assessment and Treatment Fund","url":"\/18.2-251.02\/","token":"18.2\/7\/1\/18.2-251.02","metadata":false},"next_section":{"id":67911,"structure_id":13207,"section_number":"18.2-251.1","catch_line":"Possession or distribution of marijuana for medical purposes permitted","url":"\/18.2-251.1\/","token":"18.2\/7\/1\/18.2-251.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-251.03\/","history_text":"

This law was first created in 2015. The record of its establishment is cataloged in chapters 418<\/a> and 436<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2019, chapter 626<\/a>; in 2020, chapter 1016<\/a>; in 2025, chapters 396<\/a>, 719<\/a>, and 721<\/a>.<\/p>","references":false,"refers_to":[{"id":58255,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","order_by":null,"url":"\/18.2-250\/"},{"id":66815,"section_number":"18.2-36.3","catch_line":"Involuntary manslaughter; certain drug offenses","order_by":null,"url":"\/18.2-36.3\/"},{"id":55287,"section_number":"18.2-361","catch_line":"Crimes against nature; penalty","order_by":null,"url":"\/18.2-361\/"},{"id":60265,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","order_by":null,"url":"\/18.2-370\/"},{"id":80307,"section_number":"18.2-370.1","catch_line":"Taking indecent liberties with child by person in custodial or supervisory relationship; penalties","order_by":null,"url":"\/18.2-370.1\/"},{"id":85045,"section_number":"18.2-388","catch_line":"Intoxication in public; penalty; transportation of public inebriates to detoxification center","order_by":null,"url":"\/18.2-388\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":74269,"section_number":"32.1-111.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-111.1\/"},{"id":67477,"section_number":"4.1-1105.1","catch_line":"Possession of marijuana or marijuana products unlawful in certain cases; venue; exceptions; penalties; treatment and education programs and services","order_by":null,"url":"\/4.1-1105.1\/"},{"id":85034,"section_number":"4.1-305","catch_line":"Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services","order_by":null,"url":"\/4.1-305\/"},{"id":76941,"section_number":"54.1-3466","catch_line":"Possession or distribution of controlled paraphernalia; definition of controlled paraphernalia; evidence; exceptions","order_by":null,"url":"\/54.1-3466\/"},{"id":74882,"section_number":"65.2-102","catch_line":"Coverage of firefighters and law-enforcement officers in off-duty capacity","order_by":null,"url":"\/65.2-102\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":166589,"object_type":"law","relational_id":71520,"identifier":"18.2-251.03","token":"18.2\/7\/1\/18.2-251.03","url":"\/18.2-251.03\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-251.03\/","token":"18.2\/7\/1\/18.2-251.03","dublin_core":{"Title":"Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-251.03","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Act of sexual violence<\/span>” means an alleged violation of § 18.2-361<\/a>, 18.2-370<\/a>, or 18.2-370.1<\/a> or the laws<\/span> pertaining to criminal sexual assault<\/span> pursuant to Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4.\n\t\t\t“Overdose<\/span>” means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No individual shall be subject to arrest<\/span> or prosecution<\/span> for the unlawful purchase, possession<\/span>, or consumption of alcohol pursuant to \u00a7 4.1-305<\/a>, unlawful purchase, possession<\/span>, or consumption of marijuana pursuant to \u00a7 4.1-1105.1<\/a>, involuntary manslaughter<\/span> pursuant to \u00a7 18.2-36.3<\/a>, possession<\/span> of a controlled substance pursuant to \u00a7 18.2-250<\/a>, intoxication in public pursuant to \u00a7 18.2-388<\/a>, or possession<\/span> of controlled paraphernalia pursuant to \u00a7 54.1-3466<\/a> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Such individual (i) in good faith, seeks or obtains emergency medical attention (a) for himself, if he is experiencing an overdose<\/span>, or (b) for another individual, if such other individual is experiencing an overdose<\/span>; (ii) is experiencing an overdose<\/span> and another individual, in good faith, seeks or obtains emergency medical attention for such individual, by contemporaneously reporting such overdose<\/span> to a firefighter, as defined in § 65.2-102<\/a>, emergency medical services personnel, as defined in § 32.1-111.1<\/a>, a law<\/span>-enforcement officer, as defined in § 9.1-101<\/a>, or an emergency 911 system; or (iii) in good faith, renders emergency care or assistance, including cardiopulmonary resuscitation (CPR) or the administration of naloxone or other opioid antagonist for overdose<\/span> reversal, to an individual experiencing an overdose<\/span> while another individual seeks or obtains emergency medical attention in accordance with this subdivision; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Such individual remains at the scene of the overdose<\/span> or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law<\/span>-enforcement officer responds to the report of an overdose<\/span>. If no law<\/span>-enforcement officer is present at the scene of the overdose<\/span> or at the alternative location, then such individual shall cooperate with law<\/span> enforcement as otherwise set forth herein; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Such individual identifies himself to the law<\/span>-enforcement officer who responds to the report of the overdose<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The evidence<\/span> for the prosecution<\/span> of an offense<\/span> enumerated in this subsection was obtained as a result of the individual seeking or obtaining emergency medical attention or rendering emergency care or assistance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No individual shall be subject to arrest<\/span> or prosecution<\/span> for the unlawful purchase, possession<\/span>, or consumption of alcohol pursuant to \u00a7 4.1-305<\/a>, unlawful purchase, possession<\/span>, or consumption of marijuana pursuant to \u00a7 4.1-1105.1<\/a>, possession<\/span> of a controlled substance pursuant to \u00a7 18.2-250<\/a>, intoxication in public pursuant to \u00a7 18.2-388<\/a>, or possession<\/span> of controlled paraphernalia pursuant to \u00a7 54.1-3466<\/a> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Such individual, in good faith, seeks or obtains assistance for himself or another individual from emergency medical services personnel, as defined in § 32.1-111.1<\/a>, a health care provider, as defined in § 8.01-581.1<\/a>, or a law<\/span>-enforcement officer, as defined in § 9.1-101<\/a>, and seeks to report an act of sexual violence<\/span> committed against himself or another individual; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Such individual identifies himself to the law<\/span>-enforcement officer who responds to the report of the act of sexual violence<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The evidence<\/span> for the prosecution<\/span> of an offense<\/span> enumerated in this subsection was obtained as a result of the individual seeking or obtaining medical attention, rendering care or assistance, or reporting to law<\/span> enforcement.\n\t\t\t\tThis subsection shall not apply to an individual who is alleged to have committed the act of sexual violence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The provisions of this section shall not apply to any person who seeks or obtains emergency medical attention for himself or another individual, to a person experiencing an overdose<\/span> or who has experienced an act of sexual violence<\/span> when another individual seeks or obtains emergency medical attention for him, or to a person who renders emergency care or assistance to an individual experiencing an overdose<\/span> or who has experienced an act of sexual violence<\/span> while another person seeks or obtains emergency medical attention during the execution of a search warrant<\/span> or during the conduct of a lawful search or a lawful arrest<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section does not establish protection from arrest<\/span> or prosecution<\/span> for any individual or offense<\/span> other than those listed in subsection B or C. However, any individual immune to arrest<\/span> or prosecution<\/span> under this section shall not have his bail<\/span>, probation<\/span>, furlough, supervised release<\/span>, suspended sentence<\/span>, or parole<\/span> revoked for the behavior immune from arrest<\/span> or prosecution<\/span> under the provisions of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No law<\/span>-enforcement officer acting in good faith shall be found liable for false arrest<\/span> if it is later determined that the person arrested was immune from prosecution<\/span> under this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nARREST AND PROSECUTION WHEN EXPERIENCING OR REPORTING AN OVERDOSE OR ACT OF\nSEXUAL VIOLENCE (\u00a7 18.2-251.03)\n\nA. For purposes of this section:\n\t\t\t“Act of sexual violence” means an alleged violation of §\n18.2-361, 18.2-370, or 18.2-370.1 or the laws pertaining to criminal sexual\nassault pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4.\n\t\t\t“Overdose” means a life-threatening condition resulting from the\nconsumption or use of a controlled substance, alcohol, or any combination of\nsuch substances.\n\nB. No individual shall be subject to arrest or prosecution for the unlawful\npurchase, possession, or consumption of alcohol pursuant to \u00a7 4.1-305, unlawful\npurchase, possession, or consumption of marijuana pursuant to \u00a7 4.1-1105.1,\ninvoluntary manslaughter pursuant to \u00a7 18.2-36.3, possession of a controlled\nsubstance pursuant to \u00a7 18.2-250, intoxication in public pursuant to \u00a7\n18.2-388, or possession of controlled paraphernalia pursuant to \u00a7 54.1-3466 if:\n\n 1. Such individual (i) in good faith, seeks or obtains emergency medical\n attention (a) for himself, if he is experiencing an overdose, or (b) for\n another individual, if such other individual is experiencing an overdose; (ii)\n is experiencing an overdose and another individual, in good faith, seeks or\n obtains emergency medical attention for such individual, by contemporaneously\n reporting such overdose to a firefighter, as defined in § 65.2-102,\n emergency medical services personnel, as defined in § 32.1-111.1, a\n law-enforcement officer, as defined in § 9.1-101, or an emergency 911\n system; or (iii) in good faith, renders emergency care or assistance,\n including cardiopulmonary resuscitation (CPR) or the administration of\n naloxone or other opioid antagonist for overdose reversal, to an individual\n experiencing an overdose while another individual seeks or obtains emergency\n medical attention in accordance with this subdivision;\n\n 2. Such individual remains at the scene of the overdose or at any alternative\n location to which he or the person requiring emergency medical attention has\n been transported until a law-enforcement officer responds to the report of an\n overdose. If no law-enforcement officer is present at the scene of the\n overdose or at the alternative location, then such individual shall cooperate\n with law enforcement as otherwise set forth herein;\n\n 3. Such individual identifies himself to the law-enforcement officer who\n responds to the report of the overdose; and\n\n 4. The evidence for the prosecution of an offense enumerated in this\n subsection was obtained as a result of the individual seeking or obtaining\n emergency medical attention or rendering emergency care or assistance.\n\nC. No individual shall be subject to arrest or prosecution for the unlawful\npurchase, possession, or consumption of alcohol pursuant to \u00a7 4.1-305, unlawful\npurchase, possession, or consumption of marijuana pursuant to \u00a7 4.1-1105.1,\npossession of a controlled substance pursuant to \u00a7 18.2-250, intoxication in\npublic pursuant to \u00a7 18.2-388, or possession of controlled paraphernalia\npursuant to \u00a7 54.1-3466 if:\n\n 1. Such individual, in good faith, seeks or obtains assistance for himself or\n another individual from emergency medical services personnel, as defined in\n § 32.1-111.1, a health care provider, as defined in § 8.01-581.1, or\n a law-enforcement officer, as defined in § 9.1-101, and seeks to report\n an act of sexual violence committed against himself or another individual;\n\n 2. Such individual identifies himself to the law-enforcement officer who\n responds to the report of the act of sexual violence; and\n\n 3. The evidence for the prosecution of an offense enumerated in this\n subsection was obtained as a result of the individual seeking or obtaining\n medical attention, rendering care or assistance, or reporting to law\n enforcement.\n \t\t\t\tThis subsection shall not apply to an individual who is alleged to have\n committed the act of sexual violence.\n\nD. The provisions of this section shall not apply to any person who seeks or\nobtains emergency medical attention for himself or another individual, to a\nperson experiencing an overdose or who has experienced an act of sexual violence\nwhen another individual seeks or obtains emergency medical attention for him, or\nto a person who renders emergency care or assistance to an individual\nexperiencing an overdose or who has experienced an act of sexual violence while\nanother person seeks or obtains emergency medical attention during the execution\nof a search warrant or during the conduct of a lawful search or a lawful arrest.\n\nE. This section does not establish protection from arrest or prosecution for any\nindividual or offense other than those listed in subsection B or C. However, any\nindividual immune to arrest or prosecution under this section shall not have his\nbail, probation, furlough, supervised release, suspended sentence, or parole\nrevoked for the behavior immune from arrest or prosecution under the provisions\nof this section.\n\nF. No law-enforcement officer acting in good faith shall be found liable for\nfalse arrest if it is later determined that the person arrested was immune from\nprosecution under this section.\n\nHISTORY: 2015, cc. 418, 436; 2019, c. 626; 2020, c. 1016; 2021 Sp. Sess. I, cc.\n29, 550, 551; 2025, cc. 396, 719, 721.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}