Cursing or Using Abusive Language in Virginia Is A CRIME

August 5, 2016 by Jean Humbrecht

using abusive language in VirginiaUsing abusive language or cursing at another person is a crime in Virginia under Va. Code §18.2-416.  The charge of Using Abusive Language in Virginia (Va. Code §18.2-416) is committed if an offender curses at another person or uses violent, abusive language to another person.  The abusive language must be about the person to whom it was addressed or a member of his family, and it must be likely to cause a breach of peace.

The abusive language generally needs to be used in-person and in a manner that is likely to result in immediate retaliation.  In other words, insulting language likely to provoke acts of violence or a fight would be prohibited by the statute.  Violence does not need to actually result in order to be convicted.  The offender has committed the crime as soon as he speaks the abusive language to another person.

Proof of Using Abusive Language to Another in Virginia

An offender can be convicted of using abusive language to another in Virginia under Va. Code §18.2-416 by:

  • cursing at, abusing, or using violent abusive language
  • to another person
  • about him or a family member
  • in the presence or hearing of another person
  • under circumstances likely to lead to a breach of the peace.
Penalty for Using Abusive Language in Virginia

Using abusive language to another in Virginia is a Class 3 misdemeanor.  It is punished with a fine up to $500.

Using Abusive Language in Virginia: Statute

§18.2-416. Punishment for using abusive language to another.

If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor.