Abusive Language to Another Review of “Curse & Abuse” Code Sections Public Safety Committee Meeting

Colonel Edwin C. Roessler Jr. Chief of Police

October 23, 2018 Code of Virginia and County Code Sections Code of Virginia §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 peace, he shall be guilty of a class 3 misdemeanor.

County Code §5-1-15. Disturbing the Peace 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.

Class 3 and 4 misdemeanors, the least serious misdemeanors, are punishable by fines, but no jail time. A Class 3 misdemeanor is punishable by a fine of up to $500. A Class 4 misdemeanor is punishable by a fine of up to $250. (Va. Ann. Code § 18.2-11)

2 Officer Training • Legal Training is provided by the County Attorney’s office to Basic Law Enforcement Academy sessions (all recruits).

• The discussion of disorderly conduct and breaches of the peace are Primary Based Objectives (PBO’s) mandated by the Department of Criminal Justice Services (DCJS) for all recruit training academy lesson plans.

• The PBO’s are reinforced through mandatory DCJS legal training requirements and FCPD legal refresher classes.

3 “Curse and Abuse” Charges CY 2015 through 2018 YTD

2015 2016 2017 2018 YTD

Police Initiated 3 4 1 1

FCPS Staff Initiated 3 2 3 0

Community Victim Initiated 1 2 2 1

Warrant on File Other 0 0 0 1 Jurisdiction

Total Charges by Year 7 8 6 3

4 Disposition of Charges CY 2015 through 2018 YTD

2015 2016 2017 2018 YTD

Diverted 2 1 2 0

Guilty 1 1 1 0

Not Guilty 1 1 1 0

Other Court Dispositions 3 5 2 3

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