Protests And Assembly
Va. Code 18.2-407 — remaining at a riot or unlawful assembly after a lawful warning to disperse
What an unlawful assembly is. Three or more persons assembled with a common intent to advance a purpose by acts of unlawful force or violence likely to seriously jeopardize public safety, peace or order, where the assembly actually tends to inspire persons of ordinary courage with well-grounded fear of serious and immediate breaches of the peace. Participating is a Class 1 misdemeanor, and a Class 5 felony for a person carrying a firearm or other deadly or dangerous weapon.
Remaining after a warning. Every person who remains at the place of a riot or unlawful assembly after being lawfully warned to disperse is guilty of a Class 3 misdemeanor, except the owner or lessee of the premises, their family and nonrioting guests, and public officers and those assisting them.
The right to assemble and to speak comes from the state and federal constitutions, and permits for marches and the use of public places are set by local rules; neither is on this page. Whether a particular order was lawful, or a particular gathering unlawful, is a question of fact and law for a licensed Virginia attorney.
Sources for this section (2)
- Va. Code 18.2-406 — What constitutes an unlawful assembly; punishment
- Va. Code 18.2-407 — Remaining at place of riot or unlawful assembly after warning to disperse
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.