Virginia Code

Va. Code Ann. § 46.2-865.1 (2026)

Injuring another or causing the death of another while engaging in a race or exhibition driving; penalties

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A. Any person who while engaging in a race or exhibition driving in violation of subsection B or C of § 46.2-865 in a manner so gross, wanton, and culpable as to show a reckless disregard for human life:

1. Causes serious bodily injury to another person who is not involved in the violation of subsection B or C of § 46.2-865 is guilty of a Class 6 felony; or

2. Causes the death of another person is guilty of a felony punishable by a term of imprisonment of not less than one nor more than 20 years.

B. Upon conviction, the court shall suspend the driver's license of such person for a period of not less than one year nor more than three years, and shall order the surrender of the license to be disposed of in accordance with the provisions of § 46.2-398.

2004, c. 859; 2006, c. 348; 2025, c. 648.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2007–2023 · leading case: Derek Just. Doggett v. Commonwealth of Virginia, 783 S.E.2d 555 (Va. Ct. App. 2016).
Derek Just. Doggett v. Commonwealth of Virginia, 783 S.E.2d 555 (Va. Ct. App. 2016). · cites it 12× “Derek Justice Doggett (appellant) was convicted in a bench trial in the Circuit Court of Chesterfield County of felony racing in violation of Code § 46.2-865.1. On appeal to this *222 Court, appellant argues that the trial court “erred by finding that the Commonwealth had proven…”
Phelps v. Com., 654 S.E.2d 926 (Va. 2008). · cites it 2× “2-357(B)(2) (driving must endanger "the life, limb, or property of another"); Code § 46.2-865.1(A) (defendant is liable under the statute when he: "1.”
Phelps v. Commonwealth, 639 S.E.2d 689 (Va. Ct. App. 2007). · cites it 2× “See Code §§ 46.2-865.1(A) (punishing a driver engaging in a race that results in the death or injury of “another person”) and 46.”
Tyrion James Brown v. Commonwealth of Virginia, No. 0014221 (Va. Ct. App. Jan. 17, 2023). · cites it 10× “Tyrion James Brown appeals his conviction for racing in a manner that showed reckless disregard for human life and resulted in serious bodily injury, in violation of Code § 46.2-865.1. He argues that the evidence was insufficient to show that he participated in a race, showed…”
Va. Code Ann. § 46.2-865.1(A): 3 cases
Phelps v. Com., 654 S.E.2d 926 (Va. 2008). “2-357(B)(2) (driving must endanger "the life, limb, or property of another"); Code § 46.2-865.1(A) (defendant is liable under the statute when he: "1.”
Derek Just. Doggett v. Commonwealth of Virginia, 783 S.E.2d 555 (Va. Ct. App. 2016). “Derek Justice Doggett (appellant) was convicted in a bench trial in the Circuit Court of Chesterfield County of felony racing in violation of Code § 46.2-865.1. On appeal to this *222 Court, appellant argues that the trial court “erred by finding that the Commonwealth had proven…”
Phelps v. Commonwealth, 639 S.E.2d 689 (Va. Ct. App. 2007). “See Code §§ 46.2-865.1(A) (punishing a driver engaging in a race that results in the death or injury of “another person”) and 46.”
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