Jennifer Jo Broadous v. Commonwealth of Virginia, 67 Va. App. 265

On April 3, 2015 Broadous overdosed on fentanyl in a Chesapeake motel; boyfriend William Green called 911 and emergency personnel revived her.
Broadous admitted recent drug use, consented to a room search, identified a syringe and a “drug kit,” and was transported to the hospital after revival.
A grand jury indicted Broadous for possession of a Schedule I/II controlled substance (fentanyl) under Va. Code § 18.2-250; she pleaded not guilty and requested a bench trial with stipulated facts.
Broadous moved to apply the affirmative defense in Va. Code § 18.2-251.03 (immunity for those who “seek or obtain” emergency medical attention for overdoses); the court reserved and later denied the motion.
The circuit court ruled § 18.2-251.03 did not apply because Broadous neither sought nor actively obtained medical attention; she passively received treatment after Green called 911.
Broadous was convicted and sentenced; she appealed, arguing “obtains” should cover passive recipients of emergency care.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 18.2-251.03(B)(1)’s phrase “seeks or obtains emergency medical attention” covers an overdose victim who passively received care after someone else called 911	Broadous: “Obtains” is broad/disjunctive and need not require volitional act; passive receipt of care qualifies	Commonwealth: “Seeks or obtains” are active verbs requiring the protected person to take steps to secure care; passive receipt does not qualify	Court: “Obtains” is unambiguous and requires active steps; statute protects the person who sought/obtained care (here, Green), not the passive victim; conviction affirmed

Boynton v. Kilgore, 271 Va. 220 (statutory language interpreted by plain meaning)
Blake v. Commonwealth, 288 Va. 375 (statutory construction and de novo review explained)
Moreno v. Commonwealth, 65 Va. App. 121 (courts may not add language to statutes)