Virginia Code

Va. Code Ann. § 46.2-923 (2026)

How and where pedestrians to cross highways

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A. When crossing highways, pedestrians shall not carelessly or maliciously interfere with the orderly passage of vehicles. They shall cross, wherever possible, only at intersections or marked crosswalks. Where intersections contain no marked crosswalks, pedestrians shall not be guilty of negligence as a matter of law for crossing at any such intersection or between intersections when crossing by the most direct route.

B. The governing body of any town or city or the governing body of a county authorized by law to regulate traffic may by ordinance permit pedestrians to cross an intersection diagonally when all traffic entering the intersection has been halted by lights, other traffic control devices, or by a law-enforcement officer.

C. No law-enforcement officer shall stop a pedestrian for a violation of this section. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the person's consent, shall be admissible in any trial, hearing, or other proceeding.

Code 1950, § 46-243; 1958, c. 541, § 46.1-230; 1966, c. 706; 1976, c. 322; 1981, c. 163; 1989, c. 727; 2020, Sp. Sess. I, cc. 45, 51.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1990–2023 · leading case: Cofield v. Nuckles, 387 S.E.2d 493 (Va. 1990).
Cofield v. Nuckles, 387 S.E.2d 493 (Va. 1990). · cites it 6× “1-230(a) has been recodified in Code § 46.2-923. [2] Former Code § 46.1-231(b) has been recodified in Code § 46.”
United States v. Smith, 994 F. Supp. 2d 758 (E.D. Va. 2013). · cites it 2× “§ 46.2-923 governs how and where pedestrians cross highways clearly prohibits the unlawful traffic conduct of Smith.”
Commonwealth of Virginia v. Stephen Allen Donald, No. 0376162 (Va. Ct. App. Aug. 23, 2016). · cites it 31× “The Commonwealth argues that the trial court erred in ruling that pedestrians are not required by Code § 46.2-923 to cross a highway at an intersection wherever possible, and granting appellees’ motions to suppress the evidence on that basis.”
Bryan Temple Smith v. Commonwealth of Virginia, 891 S.E.2d 414 (Va. Ct. App. 2023). · cites it 2× “1(C) (smoking in vehicle with minor present); Code § 46.2-923(C) (pedestrian jay-walking); Code § 46.”
Va. Code Ann. § 46.2-923(C): 1 case
Bryan Temple Smith v. Commonwealth of Virginia, 891 S.E.2d 414 (Va. Ct. App. 2023). “1(C) (smoking in vehicle with minor present); Code § 46.2-923(C) (pedestrian jay-walking); Code § 46.”
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