                                 CODE OF VIRGINIA

ARREST AND PROSECUTION WHEN EXPERIENCING OR REPORTING AN OVERDOSE OR ACT OF
SEXUAL VIOLENCE (§ 18.2-251.03)

A. For purposes of this section:
			&#8220;Act of sexual violence&#8221; means an alleged violation of &#xA7;
18.2-361, 18.2-370, or 18.2-370.1 or the laws pertaining to criminal sexual
assault pursuant to Article 7 (&#xA7; 18.2-61 et seq.) of Chapter 4.
			&#8220;Overdose&#8221; means a life-threatening condition resulting from the
consumption or use of a controlled substance, alcohol, or any combination of
such substances.

B. No individual shall be subject to arrest or prosecution for the unlawful
purchase, possession, or consumption of alcohol pursuant to § 4.1-305, unlawful
purchase, possession, or consumption of marijuana pursuant to § 4.1-1105.1,
involuntary manslaughter pursuant to § 18.2-36.3, possession of a controlled
substance pursuant to § 18.2-250, intoxication in public pursuant to §
18.2-388, or possession of controlled paraphernalia pursuant to § 54.1-3466 if:

   1. Such individual (i) in good faith, seeks or obtains emergency medical
   attention (a) for himself, if he is experiencing an overdose, or (b) for
   another individual, if such other individual is experiencing an overdose; (ii)
   is experiencing an overdose and another individual, in good faith, seeks or
   obtains emergency medical attention for such individual, by contemporaneously
   reporting such overdose to a firefighter, as defined in &#xA7; 65.2-102,
   emergency medical services personnel, as defined in &#xA7; 32.1-111.1, a
   law-enforcement officer, as defined in &#xA7; 9.1-101, or an emergency 911
   system; or (iii) in good faith, renders emergency care or assistance,
   including cardiopulmonary resuscitation (CPR) or the administration of
   naloxone or other opioid antagonist for overdose reversal, to an individual
   experiencing an overdose while another individual seeks or obtains emergency
   medical attention in accordance with this subdivision;

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

   3. Such individual identifies himself to the law-enforcement officer who
   responds to the report of the overdose; and

   4. The evidence for the prosecution of an offense enumerated in this
   subsection was obtained as a result of the individual seeking or obtaining
   emergency medical attention or rendering emergency care or assistance.

C. No individual shall be subject to arrest or prosecution for the unlawful
purchase, possession, or consumption of alcohol pursuant to § 4.1-305, unlawful
purchase, possession, or consumption of marijuana pursuant to § 4.1-1105.1,
possession of a controlled substance pursuant to § 18.2-250, intoxication in
public pursuant to § 18.2-388, or possession of controlled paraphernalia
pursuant to § 54.1-3466 if:

   1. Such individual, in good faith, seeks or obtains assistance for himself or
   another individual from emergency medical services personnel, as defined in
   &#xA7; 32.1-111.1, a health care provider, as defined in &#xA7; 8.01-581.1, or
   a law-enforcement officer, as defined in &#xA7; 9.1-101, and seeks to report
   an act of sexual violence committed against himself or another individual;

   2. Such individual identifies himself to the law-enforcement officer who
   responds to the report of the act of sexual violence; and

   3. The evidence for the prosecution of an offense enumerated in this
   subsection was obtained as a result of the individual seeking or obtaining
   medical attention, rendering care or assistance, or reporting to law
   enforcement.
   				This subsection shall not apply to an individual who is alleged to have
   committed the act of sexual violence.

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

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

F. No law-enforcement officer acting in good faith shall be found liable for
false arrest if it is later determined that the person arrested was immune from
prosecution under this section.

HISTORY: 2015, cc. 418, 436; 2019, c. 626; 2020, c. 1016; 2021 Sp. Sess. I, cc.
29, 550, 551; 2025, cc. 396, 719, 721.