Virginia Code
Va. Code Ann. § 18.2-38 (2026)
"Mob" defined
✓ current as of May 2026
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Any collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person or an act of violence as defined in § 19.2-297.1, without authority of law, shall be deemed a "mob."
Code 1950, § 18.1-27; 1960, c. 358; 1975, cc. 14, 15; 1999, c. 623.
Notes of Decisions
Cited in 28
cases (9 in the last 5 years), 1990–2026 · leading case: Hamilton v. Com., 688 S.E.2d 168 (Va. 2010).
Hamilton v. Com., 688 S.E.2d 168 (Va. 2010). “" Code § 18.2-38. "In order to sustain a conviction of assault or battery by mob under Code § 18.”
Harrell v. Commonwealth, 396 S.E.2d 680 (Va. Ct. App. 1990). “He contends that the evidence was insufficient to prove that he and the people involved in the fray constituted a “mob” as defined in Code § 18.2-38, which requires that the group be “assembled for the purpose and with the intention of committing an assault or a battery.”
Corado v. Commonwealth, 623 S.E.2d 452 (Va. Ct. App. 2005). “To sustain a conviction under the lynching statute, the Commonwealth was required to prove Corado’s membership in a mob, defined by Code § 18.2-38 as: Any collection of people, assembled for the purpose and with the intention of committing an assault or a battery *322 upon any…”
Johnson v. Commonwealth, 709 S.E.2d 175 (Va. Ct. App. 2011). “Code § 18.2-38 defines a “mob” as “[a]ny collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person or an act of violence as defined in [Code] § 19.”
Hughes v. Commonwealth, 598 S.E.2d 743 (Va. Ct. App. 2004). “Under Code § 18.2-38, a “mob” is defined as “[a]ny collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person or an act of violence as defined in § 19.”
Johnson v. Commonwealth, 712 S.E.2d 751 (Va. Ct. App. 2011). “Under Code § 18.2-38, “[a]ny collection of people, assembled for the purpose and with the intention of committing an assault or a battery upon any person or an act of violence as defined in § 19.”
Abdullah v. Commonwealth, 675 S.E.2d 215 (Va. Ct. App. 2009). “’ ” Code § 18.2-38. “Any and every person composing a mob which shall commit a simple assault or battery shall be guilty of a Class 1 misdemeanor.”
Paiz v. Commonwealth, 682 S.E.2d 71 (Va. Ct. App. 2009). “Nor does he challenge whether he was a member of a mob as defined by Code § 18.2-38. Rather, he challenges his convictions for using a firearm during the commission of murder and using a firearm during the commission of malicious wounding by mob, both in violation of Code § 18.”
Sheikh v. Buckingham Corr. Ctr., 570 S.E.2d 785 (Va. 2002). “Sheikh, was indicted for assault by mob, in violation of Code §§ 18.2-38 and -41. Sheikh was accused of being a member of a gang that shot and killed a high school student, David Albrecht, with the intent to maim, disable, disfigure, or kill him.”
Waters v. Commonwealth, 600 S.E.2d 918 (Va. Ct. App. 2004). “2-41, an individual intent is not the guiding issue because "criminal accountability flows from being a member of the mob." Id. at 8, 396 S.”
Timoth Woodard v. Commonwealth of Virginia, 739 S.E.2d 220 (Va. Ct. App. 2013). “Accordingly, the trial court convicted Woodard of felony murder in violation of Code § 18.2-38. This appeal followed. II.”
Saeed Sheikh v. Commonwealth of Virginia, 526 S.E.2d 271 (Va. Ct. App. 2000). “SUFFICIENCY OF THE EVIDENCE Sheikh does not dispute that a “mob” within the meaning of Code § 18.2-38 had formed for the purpose of physically assaulting Metcalf.”
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