Virginia Code

Va. Code Ann. § 18.2-41 (2026)

Shooting, stabbing, etc., with intent to maim, kill, etc., by mob

✓ current as of May 2026

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Any and every person composing a mob which shall maliciously or unlawfully shoot, stab, cut or wound any person, or by any means cause him bodily injury with intent to maim, disable, disfigure or kill him, shall be guilty of a Class 3 felony.

Code 1950, § 18.1-30; 1960, c. 358; 1975, cc. 14, 15.

Notes of Decisions

Cited in 42 cases (9 in the last 5 years), 1990–2026 · leading case: Johnson v. Commonwealth, 709 S.E.2d 175 (Va. Ct. App. 2011).

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Johnson v. Commonwealth, 709 S.E.2d 175 (Va. Ct. App. 2011). · cites it 48× “Maiming by Mob Appellant also argues on appeal that the evidence was insufficient to support his conviction for maiming by mob in violation of Code § 18.2-41 because the evidence was insufficient to prove that the men had assembled to achieve a common purpose or action.”

Johnson v. Commonwealth, 712 S.E.2d 751 (Va. Ct. App. 2011). · cites it 14× “The trial court convicted Edward Johnson of maiming by mob, Code § 18.2-41, conspiracy to maim by mob, Code §§ 18.”

Waters v. Commonwealth, 600 S.E.2d 918 (Va. Ct. App. 2004). · cites it 40× “[1] On appeal, he contends the trial court erred in (1) denying his motion, based on the principle of res judicata, to reduce the malicious wounding by mob charge to assault *920 and battery by mob, (2) disallowing cross-examination of a co-conspirator regarding his competency…”

Paiz v. Commonwealth, 682 S.E.2d 71 (Va. Ct. App. 2009). · cites it 21× “1; malicious wounding by mob in violation of Code § 18.2-41 1 ; use of a firearm while committing malicious wounding by mob in violation of Code § 18.”

Harrell v. Commonwealth, 396 S.E.2d 680 (Va. Ct. App. 1990). · cites it 8× “Robert Cecil Harrell was convicted in a bench trial for malicious assault and battery while acting as a member of a mob, in violation of Code § 18.2-41. He was sentenced to *4 seven years in the penitentiary.”

Commonwealth v. Leal, 574 S.E.2d 285 (Va. 2003). · cites it 6× “Defendant Jorge Manuel Leal was indicted in the Circuit Court of the City of Newport News for maiming by mob and causing bodily injury to one John Binns in violation of Code § 18.2-41. The statute provides that any person “composing a mob which shall maliciously or unlawfully .”

Leal v. Commonwealth, 559 S.E.2d 874 (Va. Ct. App. 2002). · cites it 10× “Jorge Manuel Leal (Leal) was convicted by a Newport News Circuit Court jury of malicious wounding by a mob of John Binns (Binns), in violation of Code § 18.2-41. 1 On appeal, Leal argues that the trial court erred by denying his proffered jury instruction on the offense of…”

Gaines v. Commonwealth, 574 S.E.2d 775 (Va. Ct. App. 2003). · cites it 2× “2-51, malicious bodily injury to a law-enforcement officer as defined in § 18.”

Carter v. Commonwealth, 562 S.E.2d 331 (Va. Ct. App. 2002). · cites it 3× “” In proof of defendant’s prior felony conviction, the Commonwealth offered into evidence a copy of an order entered in the Virginia Beach Juvenile and Domestic Relations District Court on September 7,1995, which memorialized a finding of “guilty” of “Assault by Mob,” a…”

Towler v. Commonwealth, 718 S.E.2d 463 (Va. Ct. App. 2011). “1 states in part: *294 It shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit murder, rape, forcible sodomy, inanimate or animate object…”

Hughes v. Commonwealth, 573 S.E.2d 324 (Va. Ct. App. 2002). “2-33, felonious injury by mob in violation of § 18.2-41, abduction in violation of § 18.”

Hughes v. Commonwealth, 598 S.E.2d 743 (Va. Ct. App. 2004). · cites it 2× “, Shawn William Hughes, and Shannon Wayne Hughes (collectively “appellants”) were each convicted in a jury trial of three counts of malicious wounding by a mob, in violation of Code § 18.2-41, and one count of assault and battery by a mob, in violation of Code § 18.”

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