All words shall be actionable which from their usual construction and common acceptance are construed as insults and tend to violence and breach of the peace.
§ 8.01-45.Action for insulting words.
Chapter 3. Actions · Article 4. Defamation · Last amended 1977 · Last verified July 16, 2026
In one sentenceVirginia’s distinctive insulting-words statute makes any words actionable in a civil suit if their ordinary meaning and common understanding cast them as insults tending toward violence or a breach of the peace, independent of the traditional defamation categories.
Full Text of § 8.01-45
Plain-English Summary
This section opens Article 4’s defamation provisions with a cause of action broader than classic defamation. It does not require a false statement of fact that damages reputation; it requires only words that, from their usual construction and common acceptance, are construed as insults and tend to violence and breach of the peace. Historically, a statute of this kind gave an insulted person a legal outlet in place of a duel, letting the courts settle what an affront to honor had once settled on the field.
The “usual construction and common acceptance” standard looks at how the words would ordinarily be understood in the community, rather than at what the speaker privately meant by them. This provision operates independently of the truth-based defenses and mitigation rules the sections that follow it set out for defamation actions generally.
Frequently Asked Questions
Do “insulting words” claims require proof the statement was false, like a defamation claim?
No. This section makes words actionable when, by their usual construction and common acceptance, they are insults tending to violence and breach of the peace — it does not require proof of falsity the way a defamation claim ordinarily does.
What makes words actionable under this section?
Words that, from their usual construction and common acceptance, are construed as insults and tend to violence and breach of the peace.
Where did this kind of statute come from?
Statutes of this type historically gave an insulted person a civil remedy as an alternative to settling the matter through a duel, by treating certain insulting words as independently actionable.
Does the speaker have to have intended the words as an insult?
The statutory test looks to the words’ usual construction and common acceptance, rather than requiring proof of the speaker’s subjective intent to insult.
Is this the same thing as a slander or libel claim?
No. It is a distinct cause of action for insulting words tending toward violence or a breach of the peace, separate from the general defamation and mitigation provisions that follow it in this Article.
Amendment History
Code 1950, § 8-630; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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