                                 CODE OF VIRGINIA

SMOKING IN VEHICLE WITH A MINOR PRESENT; CIVIL PENALTY (§ 46.2-810.1)

A. 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.

B. 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.

C. 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.

HISTORY: 2016, c. 515; 2020, c. 972; 2020, Sp. Sess. I, cc. 45, 51.