Tresspassing & Damaging Property

18.2-119 Elements of Tresspass

Type 1: Any person who goes upon or REMAINS on land, buildings, or premises of another without authority of law, after having been forbidden to do so either orally or in writing by a visible post, signed by such person where the sign may be reasonably seen

Class 1 Misdemeanor

Baker v Commonweath

Proof of the existence of the “no trespassing” signs on the property loan is insufficient to satisfy the element of trespass. No evidence that the sign was posted by one of the enumerated persons authorized by the statute to prohibit entry upon the property.

Type 2 Trespass 18.2-119

Any person, whether owner, tenant, or otherwise entitled to use such land who goes upon a remains on land after having been prohibited by a court order after having been served with the order

Class 1 misdemeanor

18.2-23 Conspiracy to commit trespass

Any person who conspires, confederates, or combined with another or others in the Commonwealth to commit trespass, while having knowledge that one of them has been forbidden to be on the property

Class 3 misdemeanor

18.2-119.1 Validity of signs forbidding trespass

Any person who knowingly and intentionally posts no trespassing signs on the land of another without the permission of a person authorized to post such signs

Class 3 misdemeanor.

18.2-120 Instigating Trespass

If any person shall solicit, urge, encourage, exhort, instigate, or procure another or others to go or remain upon the lands, buildings, premises of another, knowing such other person or persons have been forbidden, either orally or in writing to do so, or if any person shall prevent or seek to prevent the owner from rendering service to any person or persons not forbidden

Class 1 misdemeanor.

18.2-125 Elements of trespass at night upon any cemetery

Go upon or enter in the nighttime any cemetery grounds without consent of the owner or custodian for any purposes other than to visit the grave of the family member.

Class 4 misdemeanor

18.2-128 Elements of trespass upon church or school property Type 1

Go upon or enter in the nighttime premises or property of any church or school without consent of the person authorized to give consent for any purpose other than to attend a meeting or service held or conducted on such property

Class 3 misdemeanor

18.2-128 Elements of trespass upon church or school property Type 2

Anyone who enters a remains upon any church or school property in violation of directions to vacate the property by a person authorized to give such direction or in violation of a posted notice posted where it can reasonably be seen

Class 1 misdemeanor

Class 6 felony, if trespass on school property is with the intent to abduct a student and if the defendant is not the student’s parents

18.2-126 Violation of sepulture or the development of a dead human body

Class 4 felony: Unlawful to disinter or displace a dead human body or any part of a dead human body which has been deposited in any vault, grave, or burial place

Class 6 Felony: Intentionally defile a dead body

18.2-132 Trespass by hunters or fishers

Go up upon the lands, waters, pond, boats, or blinds of another to hunt, fish or trap without consent of the landowner or agent

Class 3 misdemeanor

Class 1 misdemeanor if the property has been properly posted

18.2-130 Peeping or spying into an occupied dwelling

Class 1 Misdemeanor

Type 1: Enter the property of another to secretly or furtively peep, spy, or attempt to peep or spy into or through a window door or other aperture.

Type 2: Unlawful to use a peephole or aperture to secretly peep, spy or attempt to peep or spy into a restroom, dressing room, locker room, hotel/motel room, tanning bed or booth, bedroom or other location or enclosure for the purpose of viewing a non-consenting person nude clad and undergarments are partially dressed, exposing private parts.

18.2-386.1 Unlawful filming, videotaping, or photographing of another

Unlawful to knowingly and intentionally videotape, photograph, or film any non-consenting person if the victim would have a reasonable expectation of privacy

Class 1 misdemeanor

Class 6 felony if the victim is under age of 18

18.2-121 Elements of unlawful entry

Unlawful for any person to enter another’s land, dwelling, or any other building for the purpose of damaging the land, building, or it’s contents, or in any manner to interfere with the rights of the owner, user or occupant to use such property free from interference

Class 1 misdemeanor

Class 6 Felony: if the victim is selected because of race, religious conviction, gender, disability, gender, identity, sexual orientation, color, or ethnic or national origin

Unlawful entry other applications (Class 6 Felonies)

Blocking entry to an abortion clinic

Cross burning

18.2-137 Elements of damaging or injuring real or personal property

Destroy, the face, damage, or remove any real or personal property, not his own

Class 3 misdemeanor if damage is unlawful, but not intentional

Class 1 misdemeanor if intentional and the value of or damage to property is less than $1000

Class 6 felony if intentional and value of or damage to property is $1000 or more

18.2-127 Injury to churches, cemeteries, burial grounds

Class 1 Misdemeanor

Type 1: Any person who willfully or maliciously destroys, removes, cuts, breaks, or injures any tree or plant on church property or within cemetery or memorial

Type 2: Any person who willfully or maliciously destroys, mutilates, injures, or removes any flowers, wreaths, vases, or ornaments left within or on church property, grave, or cemetery

Type 3: Any person who willfully or maliciously obstructs egress two and egress from any church or cemetery

Type 4: Class six felony

Any person who willfully or maliciously destroys, mutilates, defaces, injures, or removes any object or structure permanently attached or affixed to or within any graveyard cemetery or church property

18.2-146 Elements of tampering with a vehicle

Type 1: Willfully break, injured, tamper with, or remove any parts of any vehicle, aircraft, both, or a vessel for the purpose of:

Injuring, defacing, or destroying or temporarily or permanently preventing it’s useful operation or for any purpose against the will or without the consent of the owner or

Type 2: In any manner, willfully or maliciously interfere with or prevent the running or operation of a vehicle includes removal of catalytic converters

Class 6 felony

Cannot charge these two at the same time

Destruction of property and tampering