Breaking and entering dwelling house with intent to commit other misdemeanor (§ 18.2-92)—Virginia Decoded

Breaking and entering dwelling house with intent to commit other misdemeanor

If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

History

Code 1950, § 18.1-88.1; 1968, c. 530; 1970, c. 381; 1975, cc. 14, 15; 1992, c. 486.

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Court Decisions

Marable v. Com. (COA, 06/16/98)
. . . Although Johnson involved an interpretation of Code § 18.2-92, a breaking and entering statute, we . . .

Johnson v. Com. (SCV, 03/06/81)
. . . the intent to commit assault and battery. Code § 18.2-92. . . .

Johnson v. Com. (COA, 05/31/94)
. . . commit a misdemeanor, Code § 18.2-92. Johnson asserts that Code § 18.2-92 requires that at the . . .

Knox v. Com. (SCV, 06/17/83)
. . . convicted Knox of burglary in violation of Code § 18.2-92,[*] and the trial court imposed the . . .

Taylor v. Com. (COA, 02/05/91)
. . . dwelling houses. See Code §§ 18.2-90, 18.2-91, and 18.2-92. Entering a dwelling house under the . . .

Clark v. Com. (COA, 08/30/96)
. . . misdemeanor except assault or trespass. Code § 18.2-92. . . .

Turner v. Com. (COA, 08/27/02)
. . . any violation of ... [Code] §§ 18.2-90, 18.2-91, 18.2-92 . . .; or any conspiracy or attempt to . . .

Larry Wayne Inge v. Commonwealth (COA, 10/15/02)
. . . burglary while armed with a deadly weapon, Code § 18.2-92, 1 and . . .

Lay v. Com. (COA, 09/04/07)
. . . Lay guilty of statutory burglary under Code § 18.2-92 and abduction under Code § 18.2-47(A). . . .

Saunders v. Com. (COA, 02/04/86)
. . . provisions of §§ 18.2-89, 18.2-90, 18.2-91 or § 18.2-92, photographs of the goods or merchandise . . .

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