{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-57.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-57.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-57.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-57.html"}],"law_id":64628,"edition_id":1,"section_id":64628,"structure_id":13717,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","history":"1975, cc. 14, 15; 1994, c. 658; 1997, c. 833; 1999, cc. 771, 1036; 2000, cc. 288, 682; 2001, c. 129; 2002, c. 817; 2004, cc. 420, 461; 2006, cc. 270, 709, 829; 2008, c. 460; 2009, c. 257; 2011, cc. 230, 233, 374; 2013, cc. 698, 707, 711, 748, 782; 2014, cc. 663, 714; 2015, cc. 38, 196, 730; 2016, c. 420; 2017, cc. 29, 56; 2019, c. 120; 2020, cc. 746, 1171; 2023, c. 549; 2024, cc. 266, 334; 2025, c. 361.","full_text":"A\n\nAny person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, the penalty upon conviction shall include a term of confinement of at least six months.B\n\nHowever, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, the person is guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months.C\n\nIn addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a magistrate, a law-enforcement officer as defined in subsection H, a correctional officer as defined in § 53.1-1, a person directly involved in the care, treatment, or supervision of inmates in the custody of the Department of Corrections or an employee of a local or regional correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of the facility, a person directly involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the Department of Juvenile Justice, an employee or other individual who provides control, care, or treatment of sexually violent predators committed to the custody of the Department of Behavioral Health and Developmental Services, a firefighter as defined in § 65.2-102, or a volunteer firefighter or any emergency medical services personnel member who is employed by or is a volunteer of an emergency medical services agency or as a member of a bona fide volunteer fire department or volunteer emergency medical services agency, regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or emergency medical services personnel as employees, engaged in the performance of his public duties anywhere in the Commonwealth, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.\n\t\t\tNothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.D\n\nIn addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time employee of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he is guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to § 18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six months.E\n\nIn addition, any person who commits a battery against another knowing or having reason to know that such individual is a health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties in a hospital or in an emergency room on the premises of any clinic or other facility rendering emergency medical care is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.F\n\nIn addition, any person who commits an assault or an assault and battery against another knowing or having reason to know that such individual is an operator of a vehicle operated by a public transportation service as defined in § 18.2-160.2 who is engaged in the performance of his duties is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall also prohibit such person from entering or riding in any vehicle operated by the public transportation service that employed such operator for a period of not less than six months as a term and condition of such sentence.G\n\nIn addition, any person who commits a battery against another knowing or having reason to know that such individual is a sports official for an entity sponsoring an interscholastic or intercollegiate sports event or any person performing services as a sports official for a public entity or a private, nonprofit organization that sponsors an amateur sports event who (i) is engaged in the performance of his duties or (ii) is on the premises of such event prior to engaging in his duties or upon conclusion of his duties is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, may also prohibit such person from attending any such sports event operated by the entity or organization that employed such sports official for a period of not less than six months as a term and condition of such sentence.H\n\nAs used in this section:\n\t\t\t“Disability” means a physical or mental impairment that substantially limits one or more of a person’s major life activities.\n\t\t\t“Hospital” means a public or private institution licensed pursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 or Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2.\n\t\t\t“Judge” means any justice or judge of a court of record of the Commonwealth including a judge designated under § 17.1-105, a judge under temporary recall under § 17.1-106, or a judge pro tempore under § 17.1-109, any member of the State Corporation Commission, or of the Virginia Workers’ Compensation Commission, and any judge of a district court of the Commonwealth or any substitute judge of such district court.\n\t\t\t“Law-enforcement officer” means any full-time or part-time employee of a police department or sheriff’s office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, any special agent of the Virginia Alcoholic Beverage Control Authority, conservation police officers appointed pursuant to § 29.1-200, full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217, and any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to § 15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to § 5.1-158, and fire marshals appointed pursuant to § 27-30 when such fire marshals have police powers as set out in §§ 27-34.2 and 27-34.2:1.\n\t\t\t“School security officer” means the same as that term is defined in § 9.1-101.\n\t\t\t“Sports official” includes an umpire, referee, judge, scorekeeper, timekeeper, or other person who is a neutral participant in a sports event.I\n\n“Simple assault” or “assault and battery” shall not be construed to include the use of, by any school security officer or full-time or part-time employee of any public or private elementary or secondary school while acting in the course and scope of his official capacity, any of the following: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.\n\t\t\tIn determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a school security officer or full-time or part-time employee of any public or private elementary or secondary school at the time of the event.","order_by":null,"text":{"0":{"id":235204,"text":"Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, the penalty upon conviction shall include a term of confinement of at least six months.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235205,"text":"However, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, gender, disability, gender identity, sexual orientation, color, or ethnic or national origin, the person is guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":235206,"text":"In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a magistrate, a law-enforcement officer as defined in subsection H, a correctional officer as defined in § 53.1-1, a person directly involved in the care, treatment, or supervision of inmates in the custody of the Department of Corrections or an employee of a local or regional correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of the facility, a person directly involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the Department of Juvenile Justice, an employee or other individual who provides control, care, or treatment of sexually violent predators committed to the custody of the Department of Behavioral Health and Developmental Services, a firefighter as defined in § 65.2-102, or a volunteer firefighter or any emergency medical services personnel member who is employed by or is a volunteer of an emergency medical services agency or as a member of a bona fide volunteer fire department or volunteer emergency medical services agency, regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or emergency medical services personnel as employees, engaged in the performance of his public duties anywhere in the Commonwealth, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.\n\t\t\tNothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":235207,"text":"In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time employee of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he is guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to § 18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six months.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":235208,"text":"In addition, any person who commits a battery against another knowing or having reason to know that such individual is a health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties in a hospital or in an emergency room on the premises of any clinic or other facility rendering emergency medical care is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":235209,"text":"In addition, any person who commits an assault or an assault and battery against another knowing or having reason to know that such individual is an operator of a vehicle operated by a public transportation service as defined in § 18.2-160.2 who is engaged in the performance of his duties is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall also prohibit such person from entering or riding in any vehicle operated by the public transportation service that employed such operator for a period of not less than six months as a term and condition of such sentence.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":235210,"text":"In addition, any person who commits a battery against another knowing or having reason to know that such individual is a sports official for an entity sponsoring an interscholastic or intercollegiate sports event or any person performing services as a sports official for a public entity or a private, nonprofit organization that sponsors an amateur sports event who (i) is engaged in the performance of his duties or (ii) is on the premises of such event prior to engaging in his duties or upon conclusion of his duties is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, may also prohibit such person from attending any such sports event operated by the entity or organization that employed such sports official for a period of not less than six months as a term and condition of such sentence.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":235211,"text":"As used in this section:\n\t\t\t“Disability” means a physical or mental impairment that substantially limits one or more of a person’s major life activities.\n\t\t\t“Hospital” means a public or private institution licensed pursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 or Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2.\n\t\t\t“Judge” means any justice or judge of a court of record of the Commonwealth including a judge designated under § 17.1-105, a judge under temporary recall under § 17.1-106, or a judge pro tempore under § 17.1-109, any member of the State Corporation Commission, or of the Virginia Workers’ Compensation Commission, and any judge of a district court of the Commonwealth or any substitute judge of such district court.\n\t\t\t“Law-enforcement officer” means any full-time or part-time employee of a police department or sheriff’s office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, any special agent of the Virginia Alcoholic Beverage Control Authority, conservation police officers appointed pursuant to § 29.1-200, full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217, and any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to § 15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to § 5.1-158, and fire marshals appointed pursuant to § 27-30 when such fire marshals have police powers as set out in §§ 27-34.2 and 27-34.2:1.\n\t\t\t“School security officer” means the same as that term is defined in § 9.1-101.\n\t\t\t“Sports official” includes an umpire, referee, judge, scorekeeper, timekeeper, or other person who is a neutral participant in a sports event.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":235212,"text":"“Simple assault” or “assault and battery” shall not be construed to include the use of, by any school security officer or full-time or part-time employee of any public or private elementary or secondary school while acting in the course and scope of his official capacity, any of the following: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.\n\t\t\tIn determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a school security officer or full-time or part-time employee of any public or private elementary or secondary school at the time of the event.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-57\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapters 14 and 15 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. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 21 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 1994, chapter 658<\/a>; in 1997, chapter 833<\/a>; in 1999, chapters 771<\/a> and 1036<\/a>; in 2000, chapters 288<\/a> and 682<\/a>; in 2001, chapter 129<\/a>; in 2002, chapter 817<\/a>; in 2004, chapters 420<\/a> and 461<\/a>; in 2006, chapters 270<\/a>, 709<\/a>, and 829<\/a>; in 2008, chapter 460<\/a>; in 2009, chapter 257<\/a>; in 2011, chapters 230<\/a>, 233<\/a>, and 374<\/a>; in 2013, chapters 698<\/a>, 707<\/a>, 711<\/a>, 748<\/a>, and 782<\/a>; in 2014, chapters 663<\/a> and 714<\/a>; in 2015, chapters 38<\/a>, 196<\/a>, and 730<\/a>; in 2016, chapter 420<\/a>; in 2017, chapters 29<\/a> and 56<\/a>; in 2019, chapter 120<\/a>; in 2020, chapters 746<\/a> and 1171<\/a>; in 2023, chapter 549<\/a>; in 2024, chapters 266<\/a> and 334<\/a>; in 2025, chapter 361<\/a>.<\/p>","references":[{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":63770,"section_number":"16.1-309.1","catch_line":"Exception as to confidentiality","order_by":null,"url":"\/16.1-309.1\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":63712,"section_number":"18.2-160.2","catch_line":"Trespassing on public transportation; 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employment for compensation or use as volunteers of persons convicted of or found to have committed certain offenses prohibited; national background check required; penalty","order_by":null,"url":"\/22.1-289.035\/"},{"id":59383,"section_number":"22.1-289.038","catch_line":"Child day programs and family day systems; criminal conviction and waiver","order_by":null,"url":"\/22.1-289.038\/"},{"id":75182,"section_number":"37.2-314","catch_line":"Background check required","order_by":null,"url":"\/37.2-314\/"},{"id":70260,"section_number":"37.2-408.1","catch_line":"Background check required; children's residential facilities","order_by":null,"url":"\/37.2-408.1\/"},{"id":64373,"section_number":"37.2-416","catch_line":"Background checks required; services for children and developmental services","order_by":null,"url":"\/37.2-416\/"},{"id":67357,"section_number":"37.2-416.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-416.1\/"},{"id":75347,"section_number":"37.2-506","catch_line":"Background checks required; services for children and developmental services","order_by":null,"url":"\/37.2-506\/"},{"id":61726,"section_number":"37.2-506.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-506.1\/"},{"id":81967,"section_number":"63.2-1721","catch_line":"Background check upon application for licensure as a child-placing agency, etc.; penalty","order_by":null,"url":"\/63.2-1721\/"},{"id":80180,"section_number":"63.2-1726","catch_line":"Background check required; children's residential facilities","order_by":null,"url":"\/63.2-1726\/"},{"id":81648,"section_number":"63.2-901.1","catch_line":"Criminal history and central registry check for placements of children","order_by":null,"url":"\/63.2-901.1\/"}],"refers_to":[{"id":62641,"section_number":"10.1-115","catch_line":"Appointment of conservation officers; qualifications; oath","order_by":null,"url":"\/10.1-115\/"},{"id":58488,"section_number":"15.2-1603","catch_line":"Appointment of deputies; their powers; how removed","order_by":null,"url":"\/15.2-1603\/"},{"id":79396,"section_number":"15.2-1731","catch_line":"Establishment, etc., authorized; powers, authority and immunities generally","order_by":null,"url":"\/15.2-1731\/"},{"id":69908,"section_number":"15.2-1733","catch_line":"Appointment of auxiliary police officers; revocation of appointment; uniform; organization; rules and regulations","order_by":null,"url":"\/15.2-1733\/"},{"id":59242,"section_number":"17.1-105","catch_line":"Designation of judges to hold courts and assist other judges","order_by":null,"url":"\/17.1-105\/"},{"id":63334,"section_number":"17.1-106","catch_line":"Temporary recall of retired judges; evaluation","order_by":null,"url":"\/17.1-106\/"},{"id":83943,"section_number":"17.1-109","catch_line":"Judges pro tempore","order_by":null,"url":"\/17.1-109\/"},{"id":63712,"section_number":"18.2-160.2","catch_line":"Trespassing on public transportation; penalty","order_by":null,"url":"\/18.2-160.2\/"},{"id":58832,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","order_by":null,"url":"\/18.2-308.1\/"},{"id":69739,"section_number":"27-30","catch_line":"Appointment of fire marshal","order_by":null,"url":"\/27-30\/"},{"id":73497,"section_number":"27-34.2","catch_line":"Power to arrest, to procure and serve warrants and to issue summons; limitation on authority","order_by":null,"url":"\/27-34.2\/"},{"id":66294,"section_number":"27-34.2:1","catch_line":"Police powers of fire marshals","order_by":null,"url":"\/27-34.2_1\/"},{"id":61271,"section_number":"29.1-200","catch_line":"Appointment of conservation police officers","order_by":null,"url":"\/29.1-200\/"},{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":60864,"section_number":"37.2-403","catch_line":"Definitions","order_by":null,"url":"\/37.2-403\/"},{"id":77591,"section_number":"46.2-217","catch_line":"Enforcement of laws by Commissioner; authority of officers","order_by":null,"url":"\/46.2-217\/"},{"id":54893,"section_number":"5.1-158","catch_line":"Police","order_by":null,"url":"\/5.1-158\/"},{"id":85635,"section_number":"53.1-1","catch_line":"Definitions","order_by":null,"url":"\/53.1-1\/"},{"id":83752,"section_number":"53.1-10","catch_line":"Powers and duties of Director","order_by":null,"url":"\/53.1-10\/"},{"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":165049,"object_type":"law","relational_id":64628,"identifier":"18.2-57","token":"18.2\/4\/4\/18.2-57","url":"\/18.2-57\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-57\/","token":"18.2\/4\/4\/18.2-57","dublin_core":{"Title":"Assault and battery; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-57","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who commits a simple assault<\/span> or assault<\/span> and battery<\/span> is guilty of a Class 1 misdemeanor<\/span>, and if the person intentionally selects the person against whom a simple assault<\/span> is committed because of his race, religious conviction<\/span>, gender, disability<\/span>, gender identity, sexual orientation, color, or ethnic or national origin, the penalty<\/span> upon conviction<\/span> shall include a term of confinement of at least six months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> However, if a person intentionally selects the person against whom an assault<\/span> and battery<\/span> resulting in bodily injury is committed because of his race, religious conviction<\/span>, gender, disability<\/span>, gender identity, sexual orientation, color, or ethnic or national origin, the person is guilty of a Class 6 felony<\/span>, and the penalty<\/span> upon conviction<\/span> shall include a term of confinement of at least six months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In addition, if any person commits an assault<\/span> or an assault<\/span> and battery<\/span> against another knowing or having reason to know that such other person is a judge<\/span>, a magistrate<\/span>, a law-enforcement officer<\/span> as defined in subsection H, a correctional officer as defined in § 53.1-1<\/a>, a person directly involved in the care, treatment, or supervision of inmates in the custody<\/span> of the Department of Corrections or an employee of a local or regional correctional facility directly involved in the care, treatment, or supervision of inmates in the custody<\/span> of the facility, a person directly involved in the care, treatment, or supervision of persons in the custody<\/span> of or under the supervision of the Department of Juvenile Justice, an employee or other individual who provides control, care, or treatment of sexually violent predators committed to the custody<\/span> of the Department of Behavioral Health and Developmental Services, a firefighter as defined in § 65.2-102<\/a>, or a volunteer firefighter or any emergency medical services personnel member who is employed by or is a volunteer of an emergency medical services agency or as a member of a bona fide volunteer fire department or volunteer emergency medical services agency, regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or emergency medical services personnel as employees, engaged in the performance of his public duties anywhere in the Commonwealth, such person is guilty of a Class 6 felony<\/span>, and, upon conviction<\/span>, the sentence of such person shall include a mandatory minimum term of confinement of six months.\n\t\t\tNothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence<\/span> in support of any defenses to the charge that may be available under common law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In addition, if any person commits a battery<\/span> against another knowing or having reason to know that such other person is a full-time or part-time employee of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he is guilty of a Class 1 misdemeanor<\/span> and the sentence of such person upon conviction<\/span> shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. However, if the offense<\/span> is committed by use of a firearm or other weapon prohibited on school property pursuant to § 18.2-308.1<\/a>, the person shall serve a mandatory minimum sentence of confinement of six months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In addition, any person who commits a battery<\/span> against another knowing or having reason to know that such individual is a health care provider as defined in § 8.01-581.1<\/a> who is engaged in the performance of his duties in a hospital<\/span> or in an emergency room on the premises of any clinic or other facility rendering emergency medical care is guilty of a Class 1 misdemeanor<\/span>. The sentence of such person, upon conviction<\/span>, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In addition, any person who commits an assault<\/span> or an assault<\/span> and battery<\/span> against another knowing or having reason to know that such individual is an operator of a vehicle operated by a public transportation service as defined in § 18.2-160.2<\/a> who is engaged in the performance of his duties is guilty of a Class 1 misdemeanor<\/span>. The sentence of such person, upon conviction<\/span>, shall also prohibit such person from entering or riding in any vehicle operated by the public transportation service that employed such operator for a period of not less than six months as a term and condition of such sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In addition, any person who commits a battery<\/span> against another knowing or having reason to know that such individual is a sports official<\/span> for an entity sponsoring an interscholastic or intercollegiate sports event or any person performing services as a sports official<\/span> for a public entity or a private, nonprofit organization that sponsors an amateur sports event who (i) is engaged in the performance of his duties or (ii) is on the premises of such event prior to engaging in his duties or upon conclusion of his duties is guilty of a Class 1 misdemeanor<\/span>. The sentence of such person, upon conviction<\/span>, may also prohibit such person from attending any such sports event operated by the entity or organization that employed such sports official<\/span> for a period of not less than six months as a term and condition of such sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> As used in this section:\n\t\t\t“Disability<\/span>” means a physical or mental impairment that substantially limits one or more of a person’s major life activities.\n\t\t\t“Hospital<\/span>” means a public or private institution licensed pursuant to Chapter 5 (§ 32.1-123<\/a> et seq.) of Title 32.1 or Article 2 (§ 37.2-403<\/a> et seq.) of Chapter 4 of Title 37.2.\n\t\t\t“Judge<\/span>” means any justice or judge<\/span> of a court<\/span> of record of the Commonwealth including a judge<\/span> designated under § 17.1-105<\/a>, a judge<\/span> under temporary recall under § 17.1-106<\/a>, or a judge<\/span> pro tempore under § 17.1-109<\/a>, any member of the State Corporation Commission, or of the Virginia Workers’ Compensation Commission, and any judge<\/span> of a district court<\/span> of the Commonwealth or any substitute judge<\/span> of such district court<\/span>.\n\t\t\t“Law-enforcement officer<\/span>” means any full-time or part-time employee of a police department or sheriff’s office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime<\/span> and the enforcement of the penal, traffic or highway laws<\/span> of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115<\/a>, any special agent of the Virginia Alcoholic Beverage Control Authority, conservation police officers appointed pursuant to § 29.1-200<\/a>, full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217<\/a>, and any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10<\/a>, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court<\/span> services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731<\/a> and 15.2-1733<\/a>, auxiliary deputy sheriffs appointed pursuant to § 15.2-1603<\/a>, police officers of the Metropolitan Washington Airports Authority pursuant to § 5.1-158<\/a>, and fire marshals appointed pursuant to § 27-30<\/a> when such fire marshals have police powers as set out in §§ 27-34.2<\/a> and 27-34.2:1<\/a>.\n\t\t\t“School security officer<\/span>” means the same as that term is defined in § 9.1-101<\/a>.\n\t\t\t“Sports official<\/span>” includes an umpire, referee, judge<\/span>, scorekeeper, timekeeper, or other person who is a neutral participant in a sports event. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> “Simple assault<\/span>” or “assault<\/span> and battery<\/span>” shall not be construed to include the use of, by any school security officer<\/span> or full-time or part-time employee of any public or private elementary or secondary school while acting in the course and scope of his official capacity, any of the following: (i) incidental, minor<\/span> or reasonable physical contact or other actions designed to maintain order<\/span> and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession<\/span> of weapons or other dangerous objects<\/span> or controlled substances or associated paraphernalia that are upon the person of the student or within his control.\n\t\t\tIn determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments<\/span> that were made by a school security officer<\/span> or full-time or part-time employee of any public or private elementary or secondary school at the time of the event. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSAULT AND BATTERY; PENALTY (\u00a7 18.2-57)\n\nA. Any person who commits a simple assault or assault and battery is guilty of a\nClass 1 misdemeanor, and if the person intentionally selects the person against\nwhom a simple assault is committed because of his race, religious conviction,\ngender, disability, gender identity, sexual orientation, color, or ethnic or\nnational origin, the penalty upon conviction shall include a term of confinement\nof at least six months.\n\nB. However, if a person intentionally selects the person against whom an assault\nand battery resulting in bodily injury is committed because of his race,\nreligious conviction, gender, disability, gender identity, sexual orientation,\ncolor, or ethnic or national origin, the person is guilty of a Class 6 felony,\nand the penalty upon conviction shall include a term of confinement of at least\nsix months.\n\nC. In addition, if any person commits an assault or an assault and battery\nagainst another knowing or having reason to know that such other person is a\njudge, a magistrate, a law-enforcement officer as defined in subsection H, a\ncorrectional officer as defined in § 53.1-1, a person directly involved in\nthe care, treatment, or supervision of inmates in the custody of the Department\nof Corrections or an employee of a local or regional correctional facility\ndirectly involved in the care, treatment, or supervision of inmates in the\ncustody of the facility, a person directly involved in the care, treatment, or\nsupervision of persons in the custody of or under the supervision of the\nDepartment of Juvenile Justice, an employee or other individual who provides\ncontrol, care, or treatment of sexually violent predators committed to the\ncustody of the Department of Behavioral Health and Developmental Services, a\nfirefighter as defined in § 65.2-102, or a volunteer firefighter or any\nemergency medical services personnel member who is employed by or is a volunteer\nof an emergency medical services agency or as a member of a bona fide volunteer\nfire department or volunteer emergency medical services agency, regardless of\nwhether a resolution has been adopted by the governing body of a political\nsubdivision recognizing such firefighters or emergency medical services\npersonnel as employees, engaged in the performance of his public duties anywhere\nin the Commonwealth, such person is guilty of a Class 6 felony, and, upon\nconviction, the sentence of such person shall include a mandatory minimum term\nof confinement of six months.\n\t\t\tNothing in this subsection shall be construed to affect the right of any\nperson charged with a violation of this section from asserting and presenting\nevidence in support of any defenses to the charge that may be available under\ncommon law.\n\nD. In addition, if any person commits a battery against another knowing or\nhaving reason to know that such other person is a full-time or part-time\nemployee of any public or private elementary or secondary school and is engaged\nin the performance of his duties as such, he is guilty of a Class 1 misdemeanor\nand the sentence of such person upon conviction shall include a sentence of 15\ndays in jail, two days of which shall be a mandatory minimum term of\nconfinement. However, if the offense is committed by use of a firearm or other\nweapon prohibited on school property pursuant to § 18.2-308.1, the person\nshall serve a mandatory minimum sentence of confinement of six months.\n\nE. In addition, any person who commits a battery against another knowing or\nhaving reason to know that such individual is a health care provider as defined\nin § 8.01-581.1 who is engaged in the performance of his duties in a\nhospital or in an emergency room on the premises of any clinic or other facility\nrendering emergency medical care is guilty of a Class 1 misdemeanor. The\nsentence of such person, upon conviction, shall include a term of confinement of\n15 days in jail, two days of which shall be a mandatory minimum term of\nconfinement.\n\nF. In addition, any person who commits an assault or an assault and battery\nagainst another knowing or having reason to know that such individual is an\noperator of a vehicle operated by a public transportation service as defined in\n§ 18.2-160.2 who is engaged in the performance of his duties is guilty of a\nClass 1 misdemeanor. The sentence of such person, upon conviction, shall also\nprohibit such person from entering or riding in any vehicle operated by the\npublic transportation service that employed such operator for a period of not\nless than six months as a term and condition of such sentence.\n\nG. In addition, any person who commits a battery against another knowing or\nhaving reason to know that such individual is a sports official for an entity\nsponsoring an interscholastic or intercollegiate sports event or any person\nperforming services as a sports official for a public entity or a private,\nnonprofit organization that sponsors an amateur sports event who (i) is engaged\nin the performance of his duties or (ii) is on the premises of such event prior\nto engaging in his duties or upon conclusion of his duties is guilty of a Class\n1 misdemeanor. The sentence of such person, upon conviction, may also prohibit\nsuch person from attending any such sports event operated by the entity or\norganization that employed such sports official for a period of not less than\nsix months as a term and condition of such sentence.\n\nH. As used in this section:\n\t\t\t“Disability” means a physical or mental impairment that\nsubstantially limits one or more of a person’s major life activities.\n\t\t\t“Hospital” means a public or private institution licensed\npursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 or Article 2\n(§ 37.2-403 et seq.) of Chapter 4 of Title 37.2.\n\t\t\t“Judge” means any justice or judge of a court of record of the\nCommonwealth including a judge designated under § 17.1-105, a judge under\ntemporary recall under § 17.1-106, or a judge pro tempore under §\n17.1-109, any member of the State Corporation Commission, or of the Virginia\nWorkers’ Compensation Commission, and any judge of a district court of the\nCommonwealth or any substitute judge of such district court.\n\t\t\t“Law-enforcement officer” means any full-time or part-time\nemployee of a police department or sheriff’s office that is part of or\nadministered by the Commonwealth or any political subdivision thereof who is\nresponsible for the prevention or detection of crime and the enforcement of the\npenal, traffic or highway laws of the Commonwealth, any conservation officer of\nthe Department of Conservation and Recreation commissioned pursuant to §\n10.1-115, any special agent of the Virginia Alcoholic Beverage Control\nAuthority, conservation police officers appointed pursuant to § 29.1-200,\nfull-time sworn members of the enforcement division of the Department of Motor\nVehicles appointed pursuant to § 46.2-217, and any employee with internal\ninvestigations authority designated by the Department of Corrections pursuant to\nsubdivision 11 of § 53.1-10, and such officer also includes jail officers\nin local and regional correctional facilities, all deputy sheriffs, whether\nassigned to law-enforcement duties, court services or local jail\nresponsibilities, auxiliary police officers appointed or provided for pursuant\nto §§ 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed\npursuant to § 15.2-1603, police officers of the Metropolitan Washington\nAirports Authority pursuant to § 5.1-158, and fire marshals appointed\npursuant to § 27-30 when such fire marshals have police powers as set out\nin §§ 27-34.2 and 27-34.2:1.\n\t\t\t“School security officer” means the same as that term is defined\nin § 9.1-101.\n\t\t\t“Sports official” includes an umpire, referee, judge,\nscorekeeper, timekeeper, or other person who is a neutral participant in a\nsports event.\n\nI. “Simple assault” or “assault and battery” shall not\nbe construed to include the use of, by any school security officer or full-time\nor part-time employee of any public or private elementary or secondary school\nwhile acting in the course and scope of his official capacity, any of the\nfollowing: (i) incidental, minor or reasonable physical contact or other actions\ndesigned to maintain order and control; (ii) reasonable and necessary force to\nquell a disturbance or remove a student from the scene of a disturbance that\nthreatens physical injury to persons or damage to property; (iii) reasonable and\nnecessary force to prevent a student from inflicting physical harm on himself;\n(iv) reasonable and necessary force for self-defense or the defense of others;\nor (v) reasonable and necessary force to obtain possession of weapons or other\ndangerous objects or controlled substances or associated paraphernalia that are\nupon the person of the student or within his control.\n\t\t\tIn determining whether a person was acting within the exceptions provided in\nthis subsection, due deference shall be given to reasonable judgments that were\nmade by a school security officer or full-time or part-time employee of any\npublic or private elementary or secondary school at the time of the event.\n\nHISTORY: 1975, cc. 14, 15; 1994, c. 658; 1997, c. 833; 1999, cc. 771, 1036;\n2000, cc. 288, 682; 2001, c. 129; 2002, c. 817; 2004, cc. 420, 461; 2006, cc.\n270, 709, 829; 2008, c. 460; 2009, c. 257; 2011, cc. 230, 233, 374; 2013, cc.\n698, 707, 711, 748, 782; 2014, cc. 663, 714; 2015, cc. 38, 196, 730; 2016, c.\n420; 2017, cc. 29, 56; 2019, c. 120; 2020, cc. 746, 1171; 2023, c. 549; 2024,\ncc. 266, 334; 2025, c. 361.","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}}