Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 9. Crimes Against Peace and Order » Article 1. Riot and Unlawful Assembly
Virginia Code

Va. Code Ann. § 18.2-404 (2026)

Obstructing free passage of others

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Any person or persons who in any public place or on any private property open to the public unreasonably or unnecessarily obstructs the free passage of other persons to and from or within such place or property and who shall fail or refuse to cease such obstruction or move on when requested to do so by the owner or lessee or agent or employee of such owner or lessee or by a duly authorized law-enforcement officer shall be guilty of a Class 1 misdemeanor. Nothing in this section shall be construed to prohibit lawful picketing.

Code 1950, § 18.1-254.01; 1968, c. 608; 1975, cc. 14, 15.

Notes of Decisions
Cited in 5 cases, 1988–2015 · leading case: Juares v. Commonwealth, 493 S.E.2d 677 (Va. Ct. App. 1997).
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Juares v. Commonwealth, 493 S.E.2d 677 (Va. Ct. App. 1997). · cites it 12× “Mary Wright Juares contends that the evidence at trial was insufficient to support her conviction for unreasonably or unnecessarily obstructing the free passage of others to and from private property open to the public and failing to cease such obstruction after having been…”
Battle v. Commonwealth, 647 S.E.2d 499 (Va. Ct. App. 2007). · cites it 2× “Finally, Battle’s refusal to obey Martin’s lawful order to move away from the sidewalk so others could come and go from the club in an unobstructed manner could have been punished under Code § 18.2-404, which specifically criminalizes the refusal by someone obstructing the “free…”
City of Chesapeake v. Evans, 91 Va. Cir. 247 (Chesapeake Cir. Ct. 2015). · cites it 6× “2-388 (public intoxication); 3 (5) Va. Code § 18.2-404 (obstructing free passage of others); 4 (6) Va.”
Grites v. Clarke Cnty., 14 Va. Cir. 165 (Clarke Cir. Ct. 1988). · cites it 2× “The proceedings under Section 18.2-404 is in rem. In the subsequent circuit court proceedings, lack of jurisdiction on the part of the district court was found not to be on the basis of subject matter, but solely on the procedural point that the notice to Grites of the hearing,…”
Josiah A. Cary v. Commonwealth of Virginia, No. 2068141 (Va. Ct. App. Oct. 20, 2015). · cites it 2× “2-416, and the obstruction of the sidewalk could have been punishable under Code § 18.2-404. Id. at 141, 647 S.E.2d at 502 .”
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