Entering property of another for purpose of damaging it, etc (§ 18.2-121)—Virginia Decoded

Entering property of another for purpose of damaging it, etc

It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to use such property free from interference.Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. However, if a person intentionally selects the property entered because of the race, religious conviction, color or national origin of the owner, user or occupant of the property, the person shall be guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.

History

Code 1950, § 18.1-183; 1960, c. 358; 1975, cc. 14, 15; 1994, c. 658; 1997, c. 833; 2004, c. 461.

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Court Decisions

Crump v. Com. (COA, 11/19/91)
. . . Code § 18.2-121, a misdemeanor, as a lesser included offense of statutory burglary. Code § . . .

Taylor v. Com. (COA, 02/05/91)
. . . entering the dwelling of another. . . .

Lowe v. Com. (COA, 10/17/00)
. . . Crump, in which we held that trespass under Code § 18.2-121 is not a lesser included offense of . . .

. . . Northern Virginia Women's Medical Center Thomas H. . . . (Court of Appeals for the Fourth Circuit, 03/14/80)
. . . Va.Code Ann. §§ 18.2-119 to 18.2-121 (Repl.Vol.1975) . . .

. . . Brian C. Bates, by His Next Friend, Cheryl Anne Johns v. . . . (Court of Appeals for the Fourth Circuit, 06/19/00)
. . . See Va. Code Ann. §§ 18.2119, 18.2-121 (Michie 1996). In addition, Officer Genova was . . .

Schwartz v. Com. (COA, 06/17/03)
. . . misdemeanor unlawful entry, in violation of Code § 18.2-121. He was tried jointly, with . . .

. . . Royce Ingram Perry, II v. Edward W. Murray, Director of the . . . (Court of Appeals for the Fourth Circuit, 04/05/94)
. . . Ann. Sec. 18.2-96; trespass, Va.Code Ann. Sec. 18.2-121; and two counts of assuming a false name, . . .

Carson Ray Shenk v. Commonwealth of Virginia (COA, 06/03/97)
. . . and all kinds of farm . . .

Bullock v. Com. (COA, 07/05/06)
. . . Code §§ 4.1-305; 18.2-36.1; 18.2-51.1; 18.2-57; 18.2-121; 18.2-154; 18.2-248; 18.2-248.01; . . .

Jones v. Commonwealth (SCV, 10/31/14)
. . . for . . .

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