{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-810.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-810.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-810.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-810.1.html"}],"law_id":56294,"edition_id":1,"section_id":56294,"structure_id":12919,"section_number":"46.2-810.1","catch_line":"Smoking in vehicle with a minor present; civil penalty","history":"2016, c. 515; 2020, c. 972; 2020, Sp. Sess. I, cc. 45, 51.","full_text":"A\n\nFor the purposes of this section, &#8220;smoke&#8221; means to carry or hold any lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or to light or inhale or exhale smoke from a pipe, cigar, or cigarette of any kind or any other lighted smoking equipment.B\n\nIt is unlawful for a person to smoke in a motor vehicle, whether in motion or at rest, when a minor under the age of 15 is present in the motor vehicle. A violation of this section is punishable by a civil penalty of $100 to be paid into the state treasury and credited to the Literary Fund. No demerit points shall be assigned under Article 19 (&#xA7; 46.2-489 et seq.) of Chapter 3 and no court costs shall be assessed for a violation of this section. A violation of this section may be charged on the uniform traffic summons form.C\n\nNo law-enforcement officer shall stop a motor vehicle for a violation of this section. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator&#8217;s consent, shall be admissible in any trial, hearing, or other proceeding.","order_by":null,"text":{"0":{"id":206169,"text":"For the purposes of this section, &#8220;smoke&#8221; means to carry or hold any lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or to light or inhale or exhale smoke from a pipe, cigar, or cigarette of any kind or any other lighted smoking equipment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206170,"text":"It is unlawful for a person to smoke in a motor vehicle, whether in motion or at rest, when a minor under the age of 15 is present in the motor vehicle. A violation of this section is punishable by a civil penalty of $100 to be paid into the state treasury and credited to the Literary Fund. No demerit points shall be assigned under Article 19 (&#xA7; 46.2-489 et seq.) of Chapter 3 and no court costs shall be assessed for a violation of this section. A violation of this section may be charged on the uniform traffic summons form.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206171,"text":"No law-enforcement officer shall stop a motor vehicle for a violation of this section. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator&#8217;s consent, shall be admissible in any trial, hearing, or other proceeding.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":12919,"edition_id":1,"name":"General and Miscellaneous","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12875,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":230191,"object_type":"structure","relational_id":12919,"identifier":"1","token":"46.2\/III\/8\/1","url":"\/46.2\/III\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12875,"edition_id":1,"name":"Regulation of Traffic","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":230189,"object_type":"structure","relational_id":12875,"identifier":"8","token":"46.2\/III\/8","url":"\/46.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54028,"structure_id":12919,"section_number":"46.2-800","catch_line":"Riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, mopeds, or motorized skateboards or scooters; riding or driving animals","url":"\/46.2-800\/","token":"46.2\/III\/8\/1\/46.2-800","metadata":false},{"id":77773,"structure_id":12919,"section_number":"46.2-800.1","catch_line":"Riding animals on highways after sunset","url":"\/46.2-800.1\/","token":"46.2\/III\/8\/1\/46.2-800.1","metadata":false},{"id":87490,"structure_id":12919,"section_number":"46.2-800.2","catch_line":"Operation of off-road recreational vehicles in localities embraced by the Southwest Regional Recreation Authority","url":"\/46.2-800.2\/","token":"46.2\/III\/8\/1\/46.2-800.2","metadata":false},{"id":76700,"structure_id":12919,"section_number":"46.2-800.3","catch_line":"Driving in flooded areas prohibited","url":"\/46.2-800.3\/","token":"46.2\/III\/8\/1\/46.2-800.3","metadata":false},{"id":68610,"structure_id":12919,"section_number":"46.2-801","catch_line":"Chapter applicable to drivers of all vehicles regardless of ownership","url":"\/46.2-801\/","token":"46.2\/III\/8\/1\/46.2-801","metadata":false},{"id":79548,"structure_id":12919,"section_number":"46.2-802","catch_line":"Drive on right side of highways; penalty","url":"\/46.2-802\/","token":"46.2\/III\/8\/1\/46.2-802","metadata":false},{"id":62426,"structure_id":12919,"section_number":"46.2-803","catch_line":"Keep to the right in crossing intersections or railroads","url":"\/46.2-803\/","token":"46.2\/III\/8\/1\/46.2-803","metadata":false},{"id":61088,"structure_id":12919,"section_number":"46.2-803.1","catch_line":"Commercial motor vehicles limited to use of certain lanes of certain interstate highways","url":"\/46.2-803.1\/","token":"46.2\/III\/8\/1\/46.2-803.1","metadata":false},{"id":67611,"structure_id":12919,"section_number":"46.2-804","catch_line":"Special regulations applicable on highways laned for traffic; penalty","url":"\/46.2-804\/","token":"46.2\/III\/8\/1\/46.2-804","metadata":false},{"id":60204,"structure_id":12919,"section_number":"46.2-805","catch_line":"Lane-use control signals","url":"\/46.2-805\/","token":"46.2\/III\/8\/1\/46.2-805","metadata":false},{"id":69660,"structure_id":12919,"section_number":"46.2-806","catch_line":"One-way roadways and highways","url":"\/46.2-806\/","token":"46.2\/III\/8\/1\/46.2-806","metadata":false},{"id":69083,"structure_id":12919,"section_number":"46.2-807","catch_line":"Path of travel at circular intersections","url":"\/46.2-807\/","token":"46.2\/III\/8\/1\/46.2-807","metadata":false},{"id":77107,"structure_id":12919,"section_number":"46.2-808","catch_line":"Commonwealth Transportation Board may prohibit certain uses of controlled access highways; penalty","url":"\/46.2-808\/","token":"46.2\/III\/8\/1\/46.2-808","metadata":false},{"id":78559,"structure_id":12919,"section_number":"46.2-808.1","catch_line":"Use of crossovers on controlled access highways; penalty","url":"\/46.2-808.1\/","token":"46.2\/III\/8\/1\/46.2-808.1","metadata":false},{"id":84899,"structure_id":12919,"section_number":"46.2-808.2","catch_line":"Violations committed within highway safety corridor; report on benefits","url":"\/46.2-808.2\/","token":"46.2\/III\/8\/1\/46.2-808.2","metadata":false},{"id":83376,"structure_id":12919,"section_number":"46.2-808.3","catch_line":"Violations committed within highway work zone; penalty","url":"\/46.2-808.3\/","token":"46.2\/III\/8\/1\/46.2-808.3","metadata":false},{"id":84378,"structure_id":12919,"section_number":"46.2-809","catch_line":"Regulation of truck traffic on primary and secondary highways","url":"\/46.2-809\/","token":"46.2\/III\/8\/1\/46.2-809","metadata":false},{"id":67957,"structure_id":12919,"section_number":"46.2-809.1","catch_line":"Regulation of residential cut-through traffic by Board","url":"\/46.2-809.1\/","token":"46.2\/III\/8\/1\/46.2-809.1","metadata":false},{"id":75733,"structure_id":12919,"section_number":"46.2-810","catch_line":"Age limits for drivers of public passenger-carrying vehicles","url":"\/46.2-810\/","token":"46.2\/III\/8\/1\/46.2-810","metadata":false},{"id":56294,"structure_id":12919,"section_number":"46.2-810.1","catch_line":"Smoking in vehicle with a minor present; civil penalty","url":"\/46.2-810.1\/","token":"46.2\/III\/8\/1\/46.2-810.1","metadata":false},{"id":74694,"structure_id":12919,"section_number":"46.2-811","catch_line":"Coasting prohibited","url":"\/46.2-811\/","token":"46.2\/III\/8\/1\/46.2-811","metadata":false},{"id":86907,"structure_id":12919,"section_number":"46.2-812","catch_line":"Driving more than thirteen hours in twenty-four prohibited","url":"\/46.2-812\/","token":"46.2\/III\/8\/1\/46.2-812","metadata":false},{"id":58635,"structure_id":12919,"section_number":"46.2-813","catch_line":"Occupation of trailer being towed on highways","url":"\/46.2-813\/","token":"46.2\/III\/8\/1\/46.2-813","metadata":false},{"id":76747,"structure_id":12919,"section_number":"46.2-814","catch_line":"Driving through safety zone prohibited","url":"\/46.2-814\/","token":"46.2\/III\/8\/1\/46.2-814","metadata":false},{"id":83836,"structure_id":12919,"section_number":"46.2-815","catch_line":"Hauling certain cargoes through tunnels in violation of posted signs; penalty","url":"\/46.2-815\/","token":"46.2\/III\/8\/1\/46.2-815","metadata":false},{"id":78973,"structure_id":12919,"section_number":"46.2-816","catch_line":"Following too closely","url":"\/46.2-816\/","token":"46.2\/III\/8\/1\/46.2-816","metadata":false},{"id":81052,"structure_id":12919,"section_number":"46.2-816.1","catch_line":"Careless driving and infliction of injury or death on vulnerable road users; penalty","url":"\/46.2-816.1\/","token":"46.2\/III\/8\/1\/46.2-816.1","metadata":false},{"id":54590,"structure_id":12919,"section_number":"46.2-817","catch_line":"Disregarding signal by law-enforcement officer to stop; eluding police; penalties","url":"\/46.2-817\/","token":"46.2\/III\/8\/1\/46.2-817","metadata":false},{"id":64726,"structure_id":12919,"section_number":"46.2-818","catch_line":"Stopping vehicle of another; blocking access to premises; damaging or threatening commercial vehicle or operator thereof; penalties","url":"\/46.2-818\/","token":"46.2\/III\/8\/1\/46.2-818","metadata":false},{"id":61240,"structure_id":12919,"section_number":"46.2-818.1","catch_line":"Opening and closing motor vehicle doors; penalty","url":"\/46.2-818.1\/","token":"46.2\/III\/8\/1\/46.2-818.1","metadata":false},{"id":75401,"structure_id":12919,"section_number":"46.2-818.2","catch_line":"Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty","url":"\/46.2-818.2\/","token":"46.2\/III\/8\/1\/46.2-818.2","metadata":false}],"previous_section":{"id":75733,"structure_id":12919,"section_number":"46.2-810","catch_line":"Age limits for drivers of public passenger-carrying vehicles","url":"\/46.2-810\/","token":"46.2\/III\/8\/1\/46.2-810","metadata":false},"next_section":{"id":74694,"structure_id":12919,"section_number":"46.2-811","catch_line":"Coasting prohibited","url":"\/46.2-811\/","token":"46.2\/III\/8\/1\/46.2-811","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-810.1\/","history_text":"<p>This law was first created in 2016. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0515\">515<\/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 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0972\">972<\/a>.<\/p>","references":false,"refers_to":[{"id":62223,"section_number":"46.2-489","catch_line":"Regulations; appeals","order_by":null,"url":"\/46.2-489\/"}],"permalink":{"id":230269,"object_type":"law","relational_id":56294,"identifier":"46.2-810.1","token":"46.2\/III\/8\/1\/46.2-810.1","url":"\/46.2-810.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-810.1\/","token":"46.2\/III\/8\/1\/46.2-810.1","dublin_core":{"Title":"Smoking in vehicle with a minor present; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-810.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> For the purposes of this section, &#8220;<span class=\"dictionary\">smoke<\/span>&#8221; means to carry or hold any lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or to <span class=\"dictionary\">light<\/span> or inhale or exhale <span class=\"dictionary\">smoke<\/span> from a pipe, cigar, or cigarette of any kind or any other lighted smoking equipment. <a id=\"paragraph-206169\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-810.1\/#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> It is unlawful for a person to <span class=\"dictionary\">smoke<\/span> in a <span class=\"dictionary\">motor vehicle<\/span>, whether in <span class=\"dictionary\">motion<\/span> or at rest, when a <span class=\"dictionary\">minor<\/span> under the age of 15 is present in the <span class=\"dictionary\">motor vehicle<\/span>. A violation of this section is punishable by a civil <span class=\"dictionary\">penalty<\/span> of $100 to be paid into the state treasury and credited to the Literary Fund. No demerit points shall be assigned under Article 19 (&#xA7; <a class=\"law\" title=\"Regulations; appeals\" href=\"\/46.2-489\/\">46.2-489<\/a> et seq.) of Chapter 3 and no <span class=\"dictionary\">court<\/span> costs shall be assessed for a violation of this section. A violation of this section may be charged on the uniform traffic <span class=\"dictionary\">summons<\/span> form. <a id=\"paragraph-206170\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-810.1\/#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> No <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> shall stop a <span class=\"dictionary\">motor vehicle<\/span> for a violation of this section. No <span class=\"dictionary\">evidence<\/span> discovered or obtained as the result of a stop in violation of this subsection, including <span class=\"dictionary\">evidence<\/span> discovered or obtained with the <span class=\"dictionary\">operator<\/span>&#8217;s consent, shall be <span class=\"dictionary\">admissible<\/span> in any <span class=\"dictionary\">trial<\/span>, <span class=\"dictionary\">hearing<\/span>, or other proceeding. <a id=\"paragraph-206171\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-810.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSMOKING IN VEHICLE WITH A MINOR PRESENT; CIVIL PENALTY (\u00a7 46.2-810.1)\n\nA. For the purposes of this section, &#8220;smoke&#8221; means to carry or hold\nany lighted pipe, cigar, or cigarette of any kind or any other lighted smoking\nequipment or to light or inhale or exhale smoke from a pipe, cigar, or cigarette\nof any kind or any other lighted smoking equipment.\n\nB. It is unlawful for a person to smoke in a motor vehicle, whether in motion or\nat rest, when a minor under the age of 15 is present in the motor vehicle. A\nviolation of this section is punishable by a civil penalty of $100 to be paid\ninto the state treasury and credited to the Literary Fund. No demerit points\nshall be assigned under Article 19 (&#xA7; 46.2-489 et seq.) of Chapter 3 and no\ncourt costs shall be assessed for a violation of this section. A violation of\nthis section may be charged on the uniform traffic summons form.\n\nC. No law-enforcement officer shall stop a motor vehicle for a violation of this\nsection. No evidence discovered or obtained as the result of a stop in violation\nof this subsection, including evidence discovered or obtained with the\noperator&#8217;s consent, shall be admissible in any trial, hearing, or other\nproceeding.\n\nHISTORY: 2016, c. 515; 2020, c. 972; 2020, Sp. Sess. I, cc. 45, 51.","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}}