Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 3. Actions » Article 3. Injury to Person or Property
Virginia Code

Va. Code Ann. § 8.01-42.1 (2026)

Civil action for racial, religious, or ethnic harassment, violence or vandalism

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A. An action for injunctive relief or civil damages, or both, shall lie for any person who is subjected to acts of (i) intimidation or harassment, (ii) violence directed against his person, or (iii) vandalism directed against his real or personal property, where such acts are motivated by racial, religious, gender, disability, gender identity, sexual orientation, or ethnic animosity.

B. Any aggrieved party who initiates and prevails in an action authorized by this section shall be entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the litigation and reasonable attorney fees in an amount to be fixed by the court.

C. The provisions of this section shall not apply to any actions between an employee and his employer, or between or among employees of the same employer, for damages arising out of incidents occurring in the workplace or arising out of the employee-employer relationship.

D. As used in this section:

"Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities.

1988, c. 492; 2020, cc. 746, 1171.

Notes of Decisions
Cited in 21 cases (10 in the last 5 years), 1991–2026 · leading case: Sines v. Kessler, 324 F. Supp. 3d 765 (W.D. Va. 2018).
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Sines v. Kessler, 324 F. Supp. 3d 765 (W.D. Va. 2018). · cites it 9× “See Va. Code Ann. § 8.01-42.1 (A) ("An action for .”
Salim v. Dahlberg, 170 F. Supp. 3d 897 (E.D. Va. 2016). · cites it 18× “” In Count II, Salim raised a claim under Va. Code Ann. § 8.01-42.1 , which provides a cause of action to “any person who is subjected to acts of (i) intimidation or harassment or (ii) violence directed against his person.”
Williams v. Dowell, 34 Va. Cir. 240 (Richmond County Cir. Ct. 1994). · cites it 15× “Count I of the motion for judgment purports to state a cause of action against Pizza Hut for racial intimidation and harassment in violation of Va. Code § 8.01-42.1. Plaintiffs allege that defendant Dowell’s actions were motivated by racial animosity and amounted to racial…”
Berry v. Target Corp., 214 F. Supp. 3d 530 (E.D. Va. 2016). · cites it 8× “§ 1981 and Va. Code § 8.01-42.1, as well as claims for false imprisonment and malicious prosecution under Virginia common law.”
Sealed Plaintiff 1 & Sealed Plaintiff 2 v. Patriot Front, No. 3:22-cv-00670 (E.D. Va. Mar. 31, 2026). · cites it 37× “Code § 8.01-42.1. As the Court previously determined in its opinion entering default judgments, “Patriot Front, through its members’ defacement of the Arthur Ashe mural, subjected [Plaintiffs] to intimidation and 14 harassment and that these acts were motivated by racial…”
N. Va. Kitchen v. Ellis, 856 S.E.2d 593 (Va. 2021). · cites it 13× “Ellis filed a counterclaim against NVKBB and Powell, individually, alleging, as relevant here, racially motivated harassment in violation of Code § 8.01-42.1 and stalking in violation of Code § 8.”
McGladrey & Pullen, L.L.P. v. Shrader, 62 Va. Cir. 401 (Rockingham Cir. Ct. 2003). · cites it 3× “01-40 (punitive damages for knowingly misusing a person’s name); Va. Code § 8.01-42.1 (punitive damages for injuries motivated by racial, religious, or ethnic animosity); Va.”
Sealed Plaintiff 1 & Sealed Plaintiff 2 v. Patriot Front, No. 3:22-cv-00670 (E.D. Va. Feb. 27, 2026). · cites it 16× “31, at 30); and that Defaulting Defendant Patriot Front subjected Plaintiffs to intimidation and harassment motivated by racial animosity in violation of Va. Code § 8.01-42.1, (ECF No. 31, at 33). The well-pleaded allegations in Plaintiffs’ Amended Complaint, deemed admitted as…”
Law v. Hilton Dom. Operating Co., No. 3:20-cv-00145 (E.D. Va. Dec. 4, 2020). · cites it 15× “) Count Three alleges that Defendants committed a hate crime under Va. Code § 8.01-42.1, by subjecting Plaintiff to acts of intimidation and harassment motivated by Defendants’ racial animosity.”
Johnson v. Hugo's Skateway, 949 F.2d 1338 (4th Cir. 1991). “1 of the Virginia Code, Va. Code Ann. § 8.01-42.1 (Supp.1990), against both defendants.”
Williams v. AM Lapomarda, No. 3:19-cv-00631 (E.D. Va. July 6, 2020). · cites it 6× “Virginia Code § 8.01-42.1 states, in relevant part, that: An action for injunctive relief or civil damages, or both, shall lie for any person who is subjected to acts of (i) intimidation or harassment .”
Salmeron v. Wendy's Int'l, Inc., 70 Va. Cir. 247 (Alexandria Cir. Ct. 2006). · cites it 5× “tained Pizza Hut’s demurrer to the “Hate Crime” count, concluding that, under the doctrine of respondeat superior, “Dowell’s acts of racial intimidation, harassment, and violence, were such great and unusual deviations from Pizza Hut’s business that they cannot as a matter of…”
Show all 21 citing cases →
Va. Code Ann. § 8.01-42.1(A): 6 cases
Berry v. Target Corp., 214 F. Supp. 3d 530 (E.D. Va. 2016). “§ 1981 and Va. Code § 8.01-42.1, as well as claims for false imprisonment and malicious prosecution under Virginia common law.”
Sealed Plaintiff 1 & Sealed Plaintiff 2 v. Patriot Front, No. 3:22-cv-00670 (E.D. Va. Mar. 31, 2026). “Code § 8.01-42.1. As the Court previously determined in its opinion entering default judgments, “Patriot Front, through its members’ defacement of the Arthur Ashe mural, subjected [Plaintiffs] to intimidation and 14 harassment and that these acts were motivated by racial…”
Sealed Plaintiff 1 & Sealed Plaintiff 2 v. Patriot Front, No. 3:22-cv-00670 (E.D. Va. Feb. 27, 2026). “31, at 30); and that Defaulting Defendant Patriot Front subjected Plaintiffs to intimidation and harassment motivated by racial animosity in violation of Va. Code § 8.01-42.1, (ECF No. 31, at 33). The well-pleaded allegations in Plaintiffs’ Amended Complaint, deemed admitted as…”
Law v. Hilton Dom. Operating Co., No. 3:20-cv-00145 (E.D. Va. Dec. 4, 2020). “) Count Three alleges that Defendants committed a hate crime under Va. Code § 8.01-42.1, by subjecting Plaintiff to acts of intimidation and harassment motivated by Defendants’ racial animosity.”
Sines v. Kessler, No. 3:17-cv-00072, 2022 WL 18026336 (W.D. Va. Jan. 6, 2023).
Va. Code Ann. § 8.01-42.1(B): 1 case
Sealed Plaintiff 1 & Sealed Plaintiff 2 v. Patriot Front, No. 3:22-cv-00670 (E.D. Va. Mar. 31, 2026). “Code § 8.01-42.1. As the Court previously determined in its opinion entering default judgments, “Patriot Front, through its members’ defacement of the Arthur Ashe mural, subjected [Plaintiffs] to intimidation and 14 harassment and that these acts were motivated by racial…”
Va. Code Ann. § 8.01-42.1(a): 1 case
Williams v. AM Lapomarda, No. 3:19-cv-00631 (E.D. Va. July 6, 2020). “Virginia Code § 8.01-42.1 states, in relevant part, that: An action for injunctive relief or civil damages, or both, shall lie for any person who is subjected to acts of (i) intimidation or harassment .”
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