Can someone get charged in Virginia for reckless paddleboarding?

Plain-English summary

Delegate Knight asked whether Virginia's reckless-watercraft statute, § 29.1-738, reaches paddleboards. The statute on its face prohibits the reckless manipulation of "any skis, surfboard, or similar device" in a manner that endangers another person's life, limb, or property. It does not list paddleboards by name, and the Code does not define "surfboard."

The AG concluded that paddleboards are "similar devices" under the statute. The reasoning was a straight reading of the dictionary definitions:

• Merriam-Webster's Collegiate defines a surfboard as "a long narrow buoyant board . . . used in the sport of surfing."
• Merriam-Webster's Collegiate defines a paddleboard as "a long narrow buoyant board used for riding the surf or in rescuing swimmers."
• Other sources, the AG noted, define a paddleboard as "a type of surfboard."

Given the substantial overlap in physical form and use, the AG concluded the two are "similar device[s]" within § 29.1-738. The opinion noted the standard Virginia rule that absent a statutory definition, words are accorded their ordinary meaning.

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Stand-up paddleboarding became a much larger sport after this opinion, and Virginia's statutes on watercraft, life-jacket requirements, and motorized-versus-unmotorized vessels have continued to evolve. Anyone facing a reckless-paddleboarding charge or analyzing a related accident claim should look at current § 29.1-738 and the surrounding boating-safety provisions.

Common questions

What counts as "reckless" on a paddleboard?

The statute uses the same recklessness standard for skis, surfboards, and similar devices. The AG opinion does not define the conduct that crosses the line. It would be the kind of manipulation that endangers another person's life, limb, or property as judged by ordinary trier-of-fact standards.

Does this opinion mean every paddleboard wipeout is a crime?

No. The statute requires both reckless manipulation and endangerment of another person. A solo wipeout in an empty cove does not satisfy either prong.

Does the same logic reach inflatable paddleboards, surf-skis, kiteboards, wakeboards?

The AG opinion only addressed paddleboards. The "similar device" reading would apply the same way to other long, narrow, buoyant water craft used for surf-style activity, but the opinion did not reach those devices, and each would need its own analysis.

Background and statutory framework

The statutory anchor:

• Va. Code § 29.1-738(A). "No person shall . . . manipulate any skis, surfboard, or similar device . . . in a reckless manner so as to endanger the life, limb, or property of any person."

The interpretive doctrine the AG applied (the opinion stated these rules without naming the cases behind them):

• "The primary objective of statutory construction is to ascertain and give effect to legislative intent," determined by the words used.
• Absent a statutory definition, words are accorded their ordinary meaning.

The dictionary sources the AG relied on:

• Merriam-Webster's Collegiate Dictionary: "surfboard" and "paddleboard" definitions.
• "Other sources" defining a paddleboard as "a type of surfboard."

Citations

• Va. Code § 2.2-505
• Va. Code § 29.1-738
• Va. Code § 29.1-738(A)
• Merriam-Webster's Collegiate Dictionary ("surfboard" and "paddleboard")

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2011/11-005-Knight.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General

January 24, 2011

900 East Main Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1

The Honorable Barry D. Knight
Member, House of Delegates
1852 Mill Landing Road
Virginia Beach, Virginia 23457

Dear Delegate Knight:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You ask whether "paddleboards" are included in the prohibition of § 29.1-738, which makes unlawful the reckless use of any skis, surfboard, or similar device to the endangerment of another person.

Response

It is my opinion that § 29.1-738 prohibits the reckless use of paddleboards.

Applicable Law and Discussion

Section 29.1-738(A) provides: "No person shall . . . manipulate any skis, surfboard, or similar device . . . in a reckless manner so as to endanger the life, limb, or property of any person." Section 29.1-738 does not expressly include "paddleboards," nor does the Code define "surfboard."

"The primary objective of statutory construction is to ascertain and give effect to legislative intent." Intent is to be determined by the words used. Absent a statutory definition, words will be accorded their ordinary meaning. According to Merriam-Webster's Collegiate Dictionary, a "surfboard" means "a long narrow buoyant board . . . used in the sport of surfing[,]" while a "paddleboard" is "a long narrow buoyant board used for riding the surf or in rescuing swimmers." Based on these definitions, these two water instruments clearly constitute "similar device[s.]" In fact, other sources define "paddleboard" as "a type of surfboard." I therefore conclude that § 29.1-738 applies to the use of a paddleboard.

Conclusion

Accordingly, it is my opinion that § 29.1-738 prohibits the reckless use of paddleboards.

With kindest regards, I am

Very truly yours,

Kenneth T. Cuccinelli, II
Attorney General