§ 16-3. Dispersal generally.

(a)

When any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff and his deputies and other police officials of the county, or any of them, shall go among the persons assembled, or as near to them as safety will permit, and command them, in the name of the state, immediately to disperse. If upon such command, the persons unlawfully assembled do not disperse immediately, the sheriff, and other officers may use such force as is reasonably necessary to disperse them and to arrest those who fail or refuse to disperse. To accomplish this end, the sheriff or other officer may request and use the assistance and services of private citizens. Every endeavor shall be used by the sheriff or other officers, which can be made consistently with the preservation of life, to induce or force those unlawfully assembled to disperse before an attack is made upon those unlawfully assembled by which their lives may be endangered.

(b)

No liability, criminal or civil, shall be imposed upon any person authorized to disperse or assist in dispersing a riot or unlawful assembly for any action of such person which was taken after those rioting or unlawfully assembled had been commanded to disperse, and which action was reasonably necessary under all the circumstances to disperse such riot or unlawful assembly or to arrest those who failed or refused to disperse.

(Code 1974, §§ 14-7, 14-8)

Cross reference— Dispersal of parade or demonstration which becomes, or is in danger of becoming, a riot or unlawful assembly, § 6-8.

State Law reference— Similar provisions, Code of Virginia, §§ 18.2-411, 18.2-412.

(Code 1974, §§ 14-7, 14-8)

State law reference

Similar provisions, Code of Virginia, §§ 18.2-411, 18.2-412.

Cross reference

Dispersal of parade or demonstration which becomes, or is in danger of becoming, a riot or unlawful assembly, § 6-8.