{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-51.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-51.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-51.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-51.5.html"}],"law_id":71114,"edition_id":1,"section_id":71114,"structure_id":13717,"section_number":"18.2-51.5","catch_line":"Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty","history":"2007, cc. 379, 679; 2019, c. 465.","full_text":"A\n\nAny person who, as a result of operating a watercraft or motorboat in violation of subsection B of &#xA7; 29.1-738 or a similar local ordinance in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the serious bodily injury of another person is guilty of a Class 6 felony.B\n\nAny person who, as a result of operating a watercraft or motorboat in violation of subsection B of &#xA7; 29.1-738 or a similar local ordinance in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 4 felony.C\n\nThe court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After two years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in &#xA7; 29.1-738.5.D\n\nThe provisions of Article 3 (&#xA7; 29.1-734 et seq.) of Chapter 7 of Title 29.1 shall apply, mutatis mutandis, upon arrest for a violation of this section.E\n\nAs used in this section, &#8220;serious bodily injury&#8221; means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.","order_by":null,"text":{"0":{"id":256396,"text":"Any person who, as a result of operating a watercraft or motorboat in violation of subsection B of &#xA7; 29.1-738 or a similar local ordinance in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the serious bodily injury of another person is guilty of a Class 6 felony.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256397,"text":"Any person who, as a result of operating a watercraft or motorboat in violation of subsection B of &#xA7; 29.1-738 or a similar local ordinance in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 4 felony.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":256398,"text":"The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After two years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in &#xA7; 29.1-738.5.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":256399,"text":"The provisions of Article 3 (&#xA7; 29.1-734 et seq.) of Chapter 7 of Title 29.1 shall apply, mutatis mutandis, upon arrest for a violation of this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":256400,"text":"As used in this section, &#8220;serious bodily injury&#8221; means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13717,"edition_id":1,"name":"Assaults and Bodily Woundings","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:45:39","date_modified":"2026-06-26 03:45:39","permalink":{"id":164963,"object_type":"structure","relational_id":13717,"identifier":"4","token":"18.2\/4\/4","url":"\/18.2\/4\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","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":72243,"structure_id":13717,"section_number":"18.2-51","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc","url":"\/18.2-51\/","token":"18.2\/4\/4\/18.2-51","metadata":false},{"id":72165,"structure_id":13717,"section_number":"18.2-51.1","catch_line":"Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical services personnel; penalty; lesser-included offense","url":"\/18.2-51.1\/","token":"18.2\/4\/4\/18.2-51.1","metadata":false},{"id":68812,"structure_id":13717,"section_number":"18.2-51.2","catch_line":"Aggravated malicious wounding; penalty","url":"\/18.2-51.2\/","token":"18.2\/4\/4\/18.2-51.2","metadata":false},{"id":78289,"structure_id":13717,"section_number":"18.2-51.3","catch_line":"Prohibition against reckless endangerment of others by throwing objects from places higher than one story; penalty","url":"\/18.2-51.3\/","token":"18.2\/4\/4\/18.2-51.3","metadata":false},{"id":54708,"structure_id":13717,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","url":"\/18.2-51.4\/","token":"18.2\/4\/4\/18.2-51.4","metadata":false},{"id":71114,"structure_id":13717,"section_number":"18.2-51.5","catch_line":"Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty","url":"\/18.2-51.5\/","token":"18.2\/4\/4\/18.2-51.5","metadata":false},{"id":75920,"structure_id":13717,"section_number":"18.2-51.6","catch_line":"Strangulation or suffocation of another; penalty","url":"\/18.2-51.6\/","token":"18.2\/4\/4\/18.2-51.6","metadata":false},{"id":87497,"structure_id":13717,"section_number":"18.2-51.7","catch_line":"Female genital mutilation; penalty","url":"\/18.2-51.7\/","token":"18.2\/4\/4\/18.2-51.7","metadata":false},{"id":60388,"structure_id":13717,"section_number":"18.2-52","catch_line":"Malicious bodily injury by means of any caustic substance or agent or use of any explosive or fire","url":"\/18.2-52\/","token":"18.2\/4\/4\/18.2-52","metadata":false},{"id":65361,"structure_id":13717,"section_number":"18.2-52.1","catch_line":"Possession of infectious biological substances or radiological agents; penalties","url":"\/18.2-52.1\/","token":"18.2\/4\/4\/18.2-52.1","metadata":false},{"id":66384,"structure_id":13717,"section_number":"18.2-52.2","catch_line":"Animal attack resulting from owner's disregard for human life; penalty","url":"\/18.2-52.2\/","token":"18.2\/4\/4\/18.2-52.2","metadata":false},{"id":63001,"structure_id":13717,"section_number":"18.2-53","catch_line":"Shooting, etc., in committing or attempting a felony","url":"\/18.2-53\/","token":"18.2\/4\/4\/18.2-53","metadata":false},{"id":76539,"structure_id":13717,"section_number":"18.2-53.1","catch_line":"Use or display of firearm in committing felony","url":"\/18.2-53.1\/","token":"18.2\/4\/4\/18.2-53.1","metadata":false},{"id":64209,"structure_id":13717,"section_number":"18.2-54","catch_line":"Conviction of lesser offenses under certain indictments","url":"\/18.2-54\/","token":"18.2\/4\/4\/18.2-54","metadata":false},{"id":58105,"structure_id":13717,"section_number":"18.2-54.1","catch_line":"Attempts to poison","url":"\/18.2-54.1\/","token":"18.2\/4\/4\/18.2-54.1","metadata":false},{"id":66847,"structure_id":13717,"section_number":"18.2-54.2","catch_line":"Adulteration of food, drink, drugs, cosmetics, etc.; penalty","url":"\/18.2-54.2\/","token":"18.2\/4\/4\/18.2-54.2","metadata":false},{"id":82347,"structure_id":13717,"section_number":"18.2-55","catch_line":"Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers or adult parolees","url":"\/18.2-55\/","token":"18.2\/4\/4\/18.2-55","metadata":false},{"id":69835,"structure_id":13717,"section_number":"18.2-55.1","catch_line":"Hazing of youth gang members unlawful; criminal liability","url":"\/18.2-55.1\/","token":"18.2\/4\/4\/18.2-55.1","metadata":false},{"id":86902,"structure_id":13717,"section_number":"18.2-56","catch_line":"Hazing unlawful; civil and criminal liability; duty of school, etc., officials; penalty","url":"\/18.2-56\/","token":"18.2\/4\/4\/18.2-56","metadata":false},{"id":75271,"structure_id":13717,"section_number":"18.2-56.1","catch_line":"Reckless handling of firearms; reckless handling while hunting","url":"\/18.2-56.1\/","token":"18.2\/4\/4\/18.2-56.1","metadata":false},{"id":57206,"structure_id":13717,"section_number":"18.2-56.2","catch_line":"Allowing access to firearms by children; penalty","url":"\/18.2-56.2\/","token":"18.2\/4\/4\/18.2-56.2","metadata":false},{"id":64628,"structure_id":13717,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","url":"\/18.2-57\/","token":"18.2\/4\/4\/18.2-57","metadata":false},{"id":58241,"structure_id":13717,"section_number":"18.2-57.01","catch_line":"Pointing laser at law-enforcement officer unlawful; penalty","url":"\/18.2-57.01\/","token":"18.2\/4\/4\/18.2-57.01","metadata":false},{"id":67857,"structure_id":13717,"section_number":"18.2-57.02","catch_line":"Disarming a law-enforcement or correctional officer; penalty","url":"\/18.2-57.02\/","token":"18.2\/4\/4\/18.2-57.02","metadata":false},{"id":65560,"structure_id":13717,"section_number":"18.2-57.1","catch_line":"Repealed","url":"\/18.2-57.1\/","token":"18.2\/4\/4\/18.2-57.1","metadata":false},{"id":72208,"structure_id":13717,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","url":"\/18.2-57.2\/","token":"18.2\/4\/4\/18.2-57.2","metadata":false},{"id":59318,"structure_id":13717,"section_number":"18.2-57.3","catch_line":"Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge","url":"\/18.2-57.3\/","token":"18.2\/4\/4\/18.2-57.3","metadata":false},{"id":66795,"structure_id":13717,"section_number":"18.2-57.4","catch_line":"Reporting findings of assault and battery to military family advocacy representatives","url":"\/18.2-57.4\/","token":"18.2\/4\/4\/18.2-57.4","metadata":false},{"id":70823,"structure_id":13717,"section_number":"18.2-57.5","catch_line":"Certain matters not to constitute defenses","url":"\/18.2-57.5\/","token":"18.2\/4\/4\/18.2-57.5","metadata":false}],"previous_section":{"id":54708,"structure_id":13717,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","url":"\/18.2-51.4\/","token":"18.2\/4\/4\/18.2-51.4","metadata":false},"next_section":{"id":75920,"structure_id":13717,"section_number":"18.2-51.6","catch_line":"Strangulation or suffocation of another; penalty","url":"\/18.2-51.6\/","token":"18.2\/4\/4\/18.2-51.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-51.5\/","history_text":"<p>This law was first created in 2007. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0379\">379<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0679\">679<\/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 1 time. 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. That modification is as follows: in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0465\">465<\/a>.<\/p>","references":[{"id":75350,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/18.2-270\/"},{"id":74057,"section_number":"19.2-187.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","order_by":null,"url":"\/19.2-187.02\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":75919,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/46.2-341.28\/"}],"refers_to":[{"id":55333,"section_number":"29.1-734","catch_line":"Authorization for and placing of markers in waters of the Commonwealth used for public swimming areas; no motorboating, waterskiing in marked area","order_by":null,"url":"\/29.1-734\/"},{"id":87020,"section_number":"29.1-738","catch_line":"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc","order_by":null,"url":"\/29.1-738\/"}],"permalink":{"id":164985,"object_type":"law","relational_id":71114,"identifier":"18.2-51.5","token":"18.2\/4\/4\/18.2-51.5","url":"\/18.2-51.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-51.5\/","token":"18.2\/4\/4\/18.2-51.5","dublin_core":{"Title":"Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-51.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any person who, as a result of operating a watercraft or motorboat in violation of subsection B of &#xA7; <a class=\"law\" title=\"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc\" href=\"\/29.1-738\/\">29.1-738<\/a> or a similar local <span class=\"dictionary\">ordinance<\/span> in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the <span class=\"dictionary\">serious bodily injury<\/span> of another person is guilty of a Class 6 <span class=\"dictionary\">felony<\/span>. <a id=\"paragraph-256396\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-51.5\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Any person who, as a result of operating a watercraft or motorboat in violation of subsection B of &#xA7; <a class=\"law\" title=\"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc\" href=\"\/29.1-738\/\">29.1-738<\/a> or a similar local <span class=\"dictionary\">ordinance<\/span> in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the <span class=\"dictionary\">serious bodily injury<\/span> of another person resulting in permanent and significant physical impairment is guilty of a Class 4 <span class=\"dictionary\">felony<\/span>. <a id=\"paragraph-256397\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-51.5\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">court<\/span> shall <span class=\"dictionary\">order<\/span> any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After two years have passed from the date of the <span class=\"dictionary\">conviction<\/span>, the convicted person may <span class=\"dictionary\">petition<\/span> the <span class=\"dictionary\">court<\/span> that entered the <span class=\"dictionary\">conviction<\/span> for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such <span class=\"dictionary\">petition<\/span>, the <span class=\"dictionary\">court<\/span> may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the <span class=\"dictionary\">court<\/span> deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in &#xA7; <a class=\"law\" title=\"Participation in rehabilitation program\" href=\"\/29.1-738.5\/\">29.1-738.5<\/a>. <a id=\"paragraph-256398\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-51.5\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The provisions of Article 3 (&#xA7; <a class=\"law\" title=\"Authorization for and placing of markers in waters of the Commonwealth used for public swimming areas; no motorboating, waterskiing in marked area\" href=\"\/29.1-734\/\">29.1-734<\/a> et seq.) of Chapter 7 of Title 29.1 shall apply, <span class=\"dictionary\">mutatis mutandis<\/span>, upon <span class=\"dictionary\">arrest<\/span> for a violation of this section. <a id=\"paragraph-256399\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-51.5\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> As used in this section, &#8220;<span class=\"dictionary\">serious bodily injury<\/span>&#8221; means bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. <a id=\"paragraph-256400\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-51.5\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nMAIMING, ETC., OF ANOTHER RESULTING FROM OPERATING A WATERCRAFT WHILE\nINTOXICATED; PENALTY (\u00a7 18.2-51.5)\n\nA. Any person who, as a result of operating a watercraft or motorboat in\nviolation of subsection B of &#xA7; 29.1-738 or a similar local ordinance in a\nmanner so gross, wanton, and culpable as to show reckless disregard for human\nlife, unintentionally causes the serious bodily injury of another person is\nguilty of a Class 6 felony.\n\nB. Any person who, as a result of operating a watercraft or motorboat in\nviolation of subsection B of &#xA7; 29.1-738 or a similar local ordinance in a\nmanner so gross, wanton, and culpable as to show reckless disregard for human\nlife, unintentionally causes the serious bodily injury of another person\nresulting in permanent and significant physical impairment is guilty of a Class\n4 felony.\n\nC. The court shall order any person convicted under this section not to operate\na watercraft or motorboat that is underway upon the waters of the Commonwealth.\nAfter two years have passed from the date of the conviction, the convicted\nperson may petition the court that entered the conviction for the right to\noperate a watercraft or motorboat upon the waters of the Commonwealth. Upon\nconsideration of such petition, the court may restore the right to operate a\nwatercraft or motorboat subject to such terms and conditions as the court deems\nappropriate, including the successful completion of a water safety alcohol\nrehabilitation program described in &#xA7; 29.1-738.5.\n\nD. The provisions of Article 3 (&#xA7; 29.1-734 et seq.) of Chapter 7 of Title\n29.1 shall apply, mutatis mutandis, upon arrest for a violation of this section.\n\nE. As used in this section, &#8220;serious bodily injury&#8221; means bodily\ninjury that involves substantial risk of death, extreme physical pain,\nprotracted and obvious disfigurement, or protracted loss or impairment of the\nfunction of a bodily member, organ, or mental faculty.\n\nHISTORY: 2007, cc. 379, 679; 2019, c. 465.","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}}