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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 [ attempting to
escape from the lawful custody of a law-enforcement officer in violation of §
18.2-478, or ] 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 [ lawfully ] 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.