A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555, he is guilty of a Class 1 misdemeanor.
B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or an animal control officer employed pursuant to § 3.2-6555 lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.
C. (Effective until July 1, 2027) If any person by threats of bodily harm or force knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate § 18.2-248 or subdivision (a)(3), (b) or (c) of § 18.2-248.1, or § 18.2-46.2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.1-805, he is guilty of a Class 5 felony.
C. (Effective July 1, 2027) If any person by threats of bodily harm or force knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or law-enforcement officer, lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate § 18.2-46.2, 18.2-46.3, or 18.2-248, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.1-805, he is guilty of a Class 5 felony.
D. Any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer or an animal control officer employed pursuant to § 3.2-6555 who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.
E. Any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor. For purposes of this subsection, intentionally preventing or attempting to prevent a lawful arrest means fleeing from a law-enforcement officer when (i) the officer applies physical force to the person, or (ii) the officer communicates to the person that he is under arrest and (a) the officer has the legal authority and the immediate physical ability to place the person under arrest, and (b) a reasonable person who receives such communication knows or should know that he is not free to leave.
Code 1950, § 18.1-310; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 269; 1984, c. 571; 1989, c. 506; 1993, c. 747; 1996, c. 718; 1999, cc. 770, 800; 2002, cc. 527, 810, 818; 2003, cc. 111, 149; 2004, cc. 396, 435; 2007, cc. 220, 282; 2009, c. 242; 2018, c. 417; 2026, Sp. Sess. I, c. 1.
Notes of Decisions
Eric Hamilton v. Commonwealth of Virginia, 817 S.E.2d 343 (Va. Ct. App. 2018).
· cites it 39× “2 The offenses described under subpart (A) and subpart (B) of Code § 18.2-460 are both classified as Class 1 misdemeanors.”
Lamberto Maldonado, a/k/a Lamberto Moldanado v. Commonwealth of Virginia, 829 S.E.2d 570 (Va. Ct. App. 2019).
· cites it 25× “2-461, and one count of obstruction of justice, in violation of Code § 18.2-460. During the subsequent bench trial, which took place on December 28, 2017, the Commonwealth called Brady, Deputy Pike, Trooper Wallace, Deputy Lewis, and Travis as witnesses, among others.”
Washington v. Com., 643 S.E.2d 485 (Va. 2007).
· cites it 55× “If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness or any law-enforcement officer in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when…”
Roach v. Commonwealth, 660 S.E.2d 348 (Va. Ct. App. 2008).
· cites it 41× “He argued the indictment’s reference to subsection (C) of Code § 18.2-460 was ambiguous and that “there [was] no way to determine that an alleged [felony] violation [was] unmistakably within subsection (C) and not within subsection (A) or (B)” of Code § 18.”
Garcia v. Commonwealth, 578 S.E.2d 97 (Va. Ct. App. 2003).
· cites it 20× “Justin Jay Garcia appeals his conviction, after a jury trial, for felony obstruction of justice, in violation of Code § 18.2-460. Garcia contends that the trial court erred in finding the evidence was sufficient, as a matter of law, to support the conviction.”
Polk v. Commonwealth, 358 S.E.2d 770 (Va. Ct. App. 1987).
· cites it 30× “The resulting effect of the offender’s threats, such as fear, apprehension, or delay, is not an element of the crime defined in Code § 18.2-460. By the express terms of the statute, it is immaterial whether the officer is placed in fear or apprehension.”
Wise v. Commonwealth, 641 S.E.2d 134 (Va. Ct. App. 2007).
· cites it 50× “” At the conclusion of the evidence, the trial judge found that Wise’s testimony was not credible, that Wise was angry when he made the threats, and that Wise made threats of bodily harm to intimidate the officer in the performance of his duties.”
Jose Ramirez v. Jefferson Sessions III, 887 F.3d 693 (4th Cir. 2018).
· cites it 10× “Specifically, the question is whether Ramirez's convictions for obstruction of justice pursuant to Va. Code Ann. § 18.2-460 (A) qualify as crimes involving moral turpitude (CIMTs).”
Shawanda S. Thorne v. Commonwealth of Virginia, 784 S.E.2d 304 (Va. Ct. App. 2016).
· cites it 8× “Thorne appeals her conviction for obstruction of justice without force, in violation of Code § 18.2-460(A). She alleges that the evidence was insufficient to support her conviction because her refusal to sufficiently roll down the window of her vehicle as instructed by the…”
Rowan v. Tractor Supply Co., 559 S.E.2d 709 (Va. 2002).
· cites it 15× “2-267 and -456 (offense to disobey witness summons in criminal case) *213 because she did not allege that TSC attempted to coerce her to disobey a lawful subpoena. The district court, however, could not determine whether, based on current Virginia law, Rowan would be entitled to…”
Jordan v. Com., 643 S.E.2d 166 (Va. 2007).
· cites it 14× “2-248, and felonious obstruction of justice in violation of Code § 18.2-460(C). On appeal, Jordan claims that the evidence was insufficient to sustain both convictions.”
Atkins v. Commonwealth, 678 S.E.2d 834 (Va. Ct. App. 2009).
· cites it 16× “Marcus Antwan Atkins appeals his conviction for obstruction of justice in violation of Code § 18.2-460 and argues the *342 evidence was insufficient to support his conviction.”
— Va. Code Ann. § 18.2-460(A) — 78 cases
Lamberto Maldonado, a/k/a Lamberto Moldanado v. Commonwealth of Virginia, 829 S.E.2d 570 (Va. Ct. App. 2019).
“2-461, and one count of obstruction of justice, in violation of Code § 18.2-460. During the subsequent bench trial, which took place on December 28, 2017, the Commonwealth called Brady, Deputy Pike, Trooper Wallace, Deputy Lewis, and Travis as witnesses, among others.”
Polk v. Commonwealth, 358 S.E.2d 770 (Va. Ct. App. 1987).
“The resulting effect of the offender’s threats, such as fear, apprehension, or delay, is not an element of the crime defined in Code § 18.2-460. By the express terms of the statute, it is immaterial whether the officer is placed in fear or apprehension.”
Shawanda S. Thorne v. Commonwealth of Virginia, 784 S.E.2d 304 (Va. Ct. App. 2016).
“Thorne appeals her conviction for obstruction of justice without force, in violation of Code § 18.2-460(A). She alleges that the evidence was insufficient to support her conviction because her refusal to sufficiently roll down the window of her vehicle as instructed by the…”
— Va. Code Ann. § 18.2-460(B) — 45 cases
Roach v. Commonwealth, 660 S.E.2d 348 (Va. Ct. App. 2008).
“He argued the indictment’s reference to subsection (C) of Code § 18.2-460 was ambiguous and that “there [was] no way to determine that an alleged [felony] violation [was] unmistakably within subsection (C) and not within subsection (A) or (B)” of Code § 18.”
Lamberto Maldonado, a/k/a Lamberto Moldanado v. Commonwealth of Virginia, 829 S.E.2d 570 (Va. Ct. App. 2019).
“2-461, and one count of obstruction of justice, in violation of Code § 18.2-460. During the subsequent bench trial, which took place on December 28, 2017, the Commonwealth called Brady, Deputy Pike, Trooper Wallace, Deputy Lewis, and Travis as witnesses, among others.”
— Va. Code Ann. § 18.2-460(C) — 43 cases
Washington v. Com., 643 S.E.2d 485 (Va. 2007).
“If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness or any law-enforcement officer in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when…”
Garcia v. Commonwealth, 578 S.E.2d 97 (Va. Ct. App. 2003).
“Justin Jay Garcia appeals his conviction, after a jury trial, for felony obstruction of justice, in violation of Code § 18.2-460. Garcia contends that the trial court erred in finding the evidence was sufficient, as a matter of law, to support the conviction.”
Jordan v. Com., 643 S.E.2d 166 (Va. 2007).
“2-248, and felonious obstruction of justice in violation of Code § 18.2-460(C). On appeal, Jordan claims that the evidence was insufficient to sustain both convictions.”
Roach v. Commonwealth, 660 S.E.2d 348 (Va. Ct. App. 2008).
“He argued the indictment’s reference to subsection (C) of Code § 18.2-460 was ambiguous and that “there [was] no way to determine that an alleged [felony] violation [was] unmistakably within subsection (C) and not within subsection (A) or (B)” of Code § 18.”
Wise v. Commonwealth, 641 S.E.2d 134 (Va. Ct. App. 2007).
“” At the conclusion of the evidence, the trial judge found that Wise’s testimony was not credible, that Wise was angry when he made the threats, and that Wise made threats of bodily harm to intimidate the officer in the performance of his duties.”
— Va. Code Ann. § 18.2-460(D) — 6 cases
Atkins v. Commonwealth, 678 S.E.2d 834 (Va. Ct. App. 2009).
“Marcus Antwan Atkins appeals his conviction for obstruction of justice in violation of Code § 18.2-460 and argues the *342 evidence was insufficient to support his conviction.”
Washington v. Com., 643 S.E.2d 485 (Va. 2007).
“If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness or any law-enforcement officer in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when…”
— Va. Code Ann. § 18.2-460(E) — 8 cases
— Va. Code Ann. § 18.2-460(E)(i) — 1 case
— Va. Code Ann. § 18.2-460(E)(ii) — 3 cases
— Va. Code Ann. § 18.2-460(E)(ii)(a) — 1 case
— Va. Code Ann. § 18.2-460(a) — 1 case
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