HB2511: Civil immunity; provided for persons acting in defense of property.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 8.01-223.3 as follows:
§ 8.01-223.3 Immunity for persons acting in defense of property.
Any person who lawfully occupies a dwelling and uses any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, having committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily injury, shall be immune from civil liability for injuries or death of the other person who has unlawfully entered the dwelling that results from the use of such force.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 8.01-223.3 as follows:
§ 8.01-223.3. Immunity for persons acting in defense of property.
A person involved in an incident whereby he injures or kills another while engaged in the defense of his dwelling, its curtilage, or any occupant of the dwelling and its curtilage, shall not be liable for any civil damages resulting from the incident, provided that (i) after an investigation by the attorney for the Commonwealth or other responsible law-enforcement agency for the jurisdiction no criminal charges are filed against the person or (ii) the person is acquitted of any criminal charges filed related to the incident or such charges are otherwise dismissed with prejudice.