Any person who knows or has reason to know a person is a law-enforcement officer as defined in § 18.2-57, a correctional officer as defined in § 53.1-1, or a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department, who is engaged in the performance of his duties as such and, with the intent to impede or prevent any such person from performing his official duties, knowingly and without the person's permission removes a chemical irritant weapon or impact weapon from the possession of the officer or deprives the officer of the use of the weapon is guilty of a Class 1 misdemeanor. However, if the weapon removed or deprived in violation of this section is the officer's firearm or stun weapon as defined in § 18.2-308.1, he shall be guilty of a Class 6 felony. A violation of this section shall constitute a separate and distinct offense.
2001, c. 2; 2007, c. 519.
Notes of Decisions
Cited in
9
cases (
4 in the last 5 years), 2003–2026 · leading case:
London v. Commonwealth, 638 S.E.2d 721 (Va. Ct. App. 2006).
London v. Commonwealth, 638 S.E.2d 721 (Va. Ct. App. 2006).
· cites it 2× “2-57(C); attempt to disarm a law enforcement officer in violation of Code §§ 18.2-57.02 and 18.2-26; and grand larceny in violation of Code § 18.”
State Auto Prop. & Cas. Ins. v. Gorsuch, 323 F. Supp. 2d 746 (W.D. Va. 2004).
· cites it 2× “1996) (defining “contaminant” as “something that contaminates” and illustrating “contaminate” with the phrases “bacteria contaminated the wound,” “iron contaminated with phosphorous,” and “water contaminated by industrial wastes”).”
Juan Luis Lopez v. Commonwealth of Virginia, No. 0266201 (Va. Ct. App. Mar. 2, 2021).
· cites it 6× “2-478, disarming a law enforcement officer of his impact weapon, a baton, in violation of Code § 18.2-57.02, attempting to disarm a law enforcement officer of his stun weapon in violation of Code §§ 18.”
Sean James Horan v. Commonwealth of Virginia, No. 1186211 (Va. Ct. App. Dec. 6, 2022).
· cites it 4× “2-57(C), attempting to disarm a law enforcement officer, in violation of Code §§ 18.2-57.02 and 18.2-26, trespassing, in violation of Code § 18.”
Clark v. Dotson, No. 7:23-cv-00223 (W.D. Va. Feb. 1, 2024).
· cites it 3× “2-32; attempting to disarm a law enforcement officer engaged in the performance of his public duties, in violation of Virginia Code § 18.2-57.02; and assaulting a law enforcement officer, in violation of Virginia Code § 18.”
John Henry Bufford, III v. Commonwealth of Virginia, No. 0630084 (Va. Ct. App. July 28, 2009).
· cites it 4× “2-57, and the felony disarming of a law enforcement officer in violation of Code § 18.2-57.02. On appeal, he contends the trial court erred in (1) failing to strike a juror for cause, (2) admitting a statement he made at the magistrate’s office ninety minutes after the…”
Rodney O. Anthony v. Commonwealth, No. 0986023 (Va. Ct. App. Dec. 16, 2003).
· cites it 2× “1 Anthony was also charged with attempting to deprive a deputy of his stun gun (in violation of Code § 18.2-57.02), obstruction of justice (in violation of Code § 18.”
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