Bad Conduct

Question 1

What is the general definition of Obstruction under section (A)? (Preventing Officer)

Answer 1

Knowingly preventing or attempting to prevent a law enforcement officer (or judge, magistrate, juror, etc.) from lawfully performing their official duties.

Question 2

What elements are required for Obstruction under section (A)? (Preventing Officer)

Answer 2

• The official must be performing a lawful duty.
• The official must be on duty.
• The defendant must actually prevent or attempt to prevent the performance of that duty (not just fail to cooperate or lie).
• The defendant must have the intent to obstruct.

Question 3

Does merely lying to an officer constitute Obstruction under section (A)?

Answer 3

No. Lying by itself is generally not enough for this type of obstruction (though it could potentially fall under section D - Material Misrepresentation during investigation of another). Failure to cooperate is also not enough.

Question 4

Can momentary prevention of an officer’s duty be Obstruction (A)?

Answer 4

Yes. Even preventing the officer from performing their duty for a moment or two can qualify, if the elements are met. Examples: screaming so officer can’t talk to witness, temporarily whisking suspect away, brief refusal to comply with lawful order (like window tint test).

Question 5

Give examples of conduct that IS Obstruction under (A).

Answer 5

• Screaming/yelling to prevent officer communication with others.
• Refusing to leave court when lawfully ordered.
• Interrupting officers + making threatening gestures towards them or interfering with a safety perimeter.
• Physically resisting or preventing arrest/investigation (e.g., kicking window, running over foot).
• Refusing a lawful order directly related to duty (e.g., roll down window for tint test).
• Fleeing then taking a fighting stance.
• Aggressively stepping towards an officer while shouting/cursing.
• Barricading self (holding door closed).
• Jamming door to prevent officers entering jail cell.
• Swallowing evidence after being specifically told not to.
• Slipping out of jacket while officer is trying to physically detain.

Question 6

Give examples of conduct that is NOT Obstruction under (A).

Answer 6

• Simply failing to cooperate or remaining silent.
• Lying to an officer (unless it’s Material Misrep - Section D).
• Refusing to roll down a window without a clearly defined lawful duty/instruction linked to it.
• A passenger being handed drugs by the driver (doesn’t necessarily stop the investigation).
• Lying about someone else being home when police lack a warrant (no lawful duty for police to enter without warrant).
• Running/fleeing alone (this falls under Section E).
• Not providing ID (False ID is a separate offense).

Question 7

What are key factors courts consider for Obstruction (A)?

Answer 7

• Was there a lawful duty the officer was performing
• Was it communicated?
• Was the officer’s performance actually prevented?
• What was the intent of the defendant?
• What was the amount of delay caused?

Question 8

What is Obstruction under section (B)? (Intimidate/Impede)

Answer 8

Using threats or force to intimidate or impede a law enforcement officer (or judge, magistrate, juror, witness, etc.) in the performance of their duties.

Question 9

Give examples of Obstruction under (B).

Answer 9

• Physically struggling with officers.
• Threatening an officer to influence their actions (e.g., “You better fix this charge,” with implied “or else”).
• Threatening a lawful action (like reporting a judge) if the intent is specifically to impede the administration of justice.

Question 10

Does threatening an Animal Control Officer fall under Obstruction (B)?

Answer 10

No, this specific statute likely doesn’t cover animal control officers.

Question 11

What is Obstruction under section (C)? (Threats during Violent Felony)

Answer 11

Making threats of bodily harm or using force against an officer (or other listed official) during the commission of a violent felony. This is a felony offense itself.

Question 12

Give examples of threats that might fall under Obstruction (C).

Answer 12

“I’m going to break your leg,” “I’m going to kill you,” “If I lose [court case], I’ll get you.” (Must occur during a violent felony).

Question 13

What is Obstruction under section (D)? (Material Misrepresentation)

Answer 13

Knowingly making a materially false statement or representation to a law enforcement officer during the investigation of** another person’s** crime.

Question 14

What is Obstruction under section (E)? (Fleeing from LEO)

Answer 14

Intentionally preventing or attempting to prevent a law enforcement officer from effecting a lawful arrest by fleeing after the officer has:

1. Applied force OR indicated arrest (“You’re under arrest”)
2. AND the defendant knows or should know they are not free to leave.

Question 15

What are key points regarding Fleeing (Obstruction E)?

Answer 15

• Requires more than just pulling away; usually involves actually running (at least a few steps).
• Officer must be within a reasonable distance to make the arrest (e.g., 20 yards might be too far)
• Simply running before arrest is attempted/communicated might not meet this specific statute (but could be part of resisting under A).

Question 16

What are the elements of providing a False Identity to LEO?

Answer 16

1. Giving a false name (or other false identifying info).
2. To a law enforcement officer.
3. While lawfully detained (or arrested).
4. With the intent to mislead the officer. Note:
5. Remaining silent or refusing to provide ID is not the same as giving a false ID.

Question 17

What is the general definition of Disorderly Conduct?

Answer 17

Intentionally causing (or recklessly creating a risk of) public inconvenience, annoyance, or alarm through specific behaviors.

Question 18

What are the two main ways someone can commit Disorderly Conduct?

Answer 18

1. Engaging in conduct in a public place (street, highway, public building, etc.) that has a direct tendency to cause acts of violence by the person(s) at whom the conduct is directed. OR
2. Willfully (or while intoxicated) disrupting a funeral, meeting of a governing body, school, literary society, or place of religious worship.

Question 19

What defines a “Public Place” for Disorderly Conduct?

Answer 19

Any place generally open or accessible to the public, or where the public can readily see the conduct.

Question 20

Can a police officer be the victim of Disorderly Conduct?

Answer 20

Yes. Behavior directed at an officer can qualify if it meets the elements (e.g., tendency to cause violence, disrupting a meeting they are lawfully attending/securing).

Question 21

Give examples of Disorderly Conduct

Answer 21

• Yelling threats like “there’s gonna be a homicide!” on a public sidewalk.
• Aggressively yelling/screaming at an officer with balled fists demanding action.
• Screaming/yelling outside a bar after being kicked out, indicating refusal to leave peacefully.
• Refusing to leave a podium or stop disrupting an official meeting after being warned.
• Disrupting a meeting from the audience after being asked to stop.

Question 22

What is the classification of Disorderly Conduct? Can it be charged alongside other offenses?

Answer 22

Class 1 Misdemeanor. It generally shouldn’t be charged if the exact *same conduct *constitutes another specific offense. However, different actions during the same incident can support separate charges (e.g., Disorderly Conduct for yelling outside, Resisting Arrest for fighting later).

Question 23

What is the definition of Curse and Abuse (Fighting Words)?

Answer 23

Using words directed at another person, in their presence, which are inherently likely to provoke an immediate violent reaction (breach of the peace) from an ordinary person.

Question 24

What are the key elements of Curse and Abuse (Fighting Words)?

Answer 24

Using words directed at another person, in their presence, which are inherently likely to provoke an immediate violent reaction (breach of the peace) from an ordinary person.

Question 26

What are the key elements of Curse and Abuse (Fighting Words)?

Answer 26

1. Words spoken in the **presence or hearing of another** person and **directed at them.** 2. Words must be r**easonably calculated to provoke a violent response** (breach of peace) based on an objective standard (consider time, place, nature of words - personal insults, racial epithets, etc.). 3. Must occur **face-to-face** (close proximity, generally within hitting distance; barriers matter).

Question 27

Can a police officer be the victim of Curse and Abuse (Fighting Words)?

Answer 27

No. Virginia case law holds that police officers, due to their training, are expected to endure a higher degree of verbal abuse. This specific offense is generally considered a "citizen offense."

Question 28

Is simply cussing at someone enough for Curse and Abuse? How far away is too far?

Answer 28

No, merely using profanity is generally not enough anymore; the words must be true "fighting words." Being too far away (e.g., 55 feet, across a physical barrier like a river) means it's not "face-to-face" and likely doesn't qualify.

Question 29

What is the classification/penalty for Curse and Abuse (Fighting Words)?

Answer 29

Class 3 Misdemeanor. This is non-jailable and typically results in a summons only.

Question 30

Scenario: Officers are interviewing Witness A. Subject B approaches, interrupting. Officer C tells Subject B to step back to maintain a perimeter. Subject B refuses, steps forward, and makes a threatening gesture towards Officer C. Is this Obstruction (A)?

Answer 30

Yes, against Officer C. Subject B's actions prevented Officer C from performing their lawful duty of maintaining scene safety/perimeter, even if the interview with Witness A wasn't directly stopped by that action.

Question 31

Scenario: Police lawfully need to take a photo of a suspect for a lineup. The suspect's parent tells the suspect to get in their car to leave, preventing the photo. Is this Obstruction (A)?

Answer 31

Yes. The police had a lawful duty to take the photo. The parent took an affirmative action (telling son to leave, facilitating departure) that prevented the officers from performing that duty.

Question 32

Scenario: During a traffic stop, an officer sees drugs in the glove box. The driver quickly hands the glove box contents to the passenger. Is this Obstruction (A)?

Answer 32

Likely No. While potentially evidence tampering, this specific action might not prevent the officer's investigation (they already saw the drugs). It didn't necessarily stop the lawful duty at that moment. (Other charges might apply).

Question 33

Scenario: Officer lawfully requests a driver roll down their window to test window tint. The driver refuses until backup arrives. Is this Obstruction (A)?

Answer 33

Yes. The officer gave clear instructions related to a lawful duty (enforcing tint laws). The refusal, even if temporary, prevented the officer from performing that duty.

Question 34

Officer asks a driver to roll down their window during a stop, but doesn't state a specific reason related to a duty (like tint check, smelling alcohol, etc.). The driver hesitates for a few seconds before complying. Is this Obstruction (A)?

Answer 34

Likely No. Without a clearly defined lawful duty being actively performed and prevented by the momentary delay, it's harder to establish obstruction. Mere seconds of delay isn't usually sufficient.

Question 35

Scenario: Suspect matches robbery description. Officer gives multiple commands ("Drop it! Hands behind back!") within 13 seconds. Suspect ignores all commands. Is this Obstruction (A)?

Answer 35

Yes. The rapid succession of ignored lawful commands related to officer safety and detention during investigation of a serious crime constitutes obstruction.

Question 36

Scenario: Driver pulled over immediately pulls into a 7-11, gets out, and walks towards the store entrance. Officer tells them to stop. Driver says, "What, am I obstructing?" Is this Obstruction (A)?

Answer 36

Yes. Ignoring the lawful command to stop during a detention and attempting to leave the immediate area prevents the officer's duty. The statement can also be used as evidence of intent.

Question 37

Scenario: Suspect is fleeing on foot from an officer attempting arrest. The suspect stops, turns, and gets into a "fighting stance." Is this Obstruction (A)?

Answer 37

Yes. While merely fleeing might fall under (E), taking an aggressive physical stance towards the officer is an affirmative act preventing/impeding the officer's duty under (A) and potentially (B).

Question 38

Scenario: Police respond to a potential underage drinking party. The homeowner lies, saying the son isn't home. 40 mins later, police are allowed in. No warrant was obtained. Is the homeowner's initial lie Obstruction (A)?

Answer 38

No. Police generally need a warrant or exigent circumstances to enter a home. Without a lawful duty to enter at that moment, the lie did not prevent the performance of a lawful duty. Lying alone isn't Obstruction (A).

Question 39

Scenario: An individual threatens to report a judge for perceived misconduct, hoping the judge will change a ruling in their favor. Is this Obstruction (B)?

Answer 39

Yes. Even though reporting misconduct is lawful, using the threat of it specifically to intimidate or impede the judge from administering justice constitutes Obstruction (B). The intent matters.

Question 40

Scenario: Someone is kicked out of a bar. They stand outside on the public sidewalk screaming profanities and yelling they won't leave the area. An officer tells them to stop yelling and leave, or they'll be arrested. They continue yelling. Is this Disorderly Conduct?

Answer 40

Yes. The conduct occurs in a public place, is causing public annoyance/alarm, and arguably has a tendency to incite a disturbance or violence. Continuing after a warning strengthens the case. Officer can be the victim/complainant.

Question 41

Scenario: At a town hall meeting, a citizen refuses to yield the podium after their allotted time expires, continuing to talk over the mayor despite being told to stop. Is this Disorderly Conduct?

Answer 41

Yes. This is willfully disrupting a lawful meeting of a governing body, violating established rules of order.

Question 42

Scenario: Person A shouts extremely vulgar personal insults and racial epithets directly at Person B from 10 feet away on a public street. Is this likely Curse & Abuse (Fighting Words)?

Answer 42

Yes. This meets the elements: 1) Presence/hearing of another, directed at them. 2) Nature of words (personal insults, epithets) reasonably calculated to provoke immediate violence. 3) Face-to-face proximity.

Question 43

Scenario: Person A shouts "You're an idiot!" at Person B from across a wide river (e.g., 60 feet away). Is this likely Curse & Abuse (Fighting Words)?

Answer 43

No. While insulting, the distance and physical barrier likely prevent it from being considered "face-to-face" and reduce the imminence of a violent breach of peace required for this specific offense.