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2017 SESSION
17103154DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-479.1 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-479.1. Resisting arrest; fleeing from a law-enforcement officer; penalty.
A. Any person who intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him, with or without a warrant, is guilty of a Class 1 misdemeanor.
B. For purposes of this section, intentionally preventing or
attempting to prevent a lawful arrest means fleeing from a law-enforcement
officer or failing to allow oneself to be physically taken
into custody by using active means to resist, when (i) the
officer applies physical force to the person,
or (ii) the officer communicates to the person that he is under arrest and (a)
the officer has the legal authority and the immediate physical ability to place
the person under arrest,
and (b) a reasonable person who receives such communication knows or should
know that he is not free to leave.