{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/55.1-2838.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/55.1-2838.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/55.1-2838.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/55.1-2838.html"}],"law_id":369826,"edition_id":2,"section_id":369826,"structure_id":52677,"section_number":"55.1-2838","catch_line":"Larceny of timber; penalty","history":"2004, cc. 604, 615, \u00a7 55-334.1; 2019, c. 712.","full_text":"A\n\nAny person who knowingly and willfully takes, steals, and removes from the lands of another any timber growing, standing, or lying on the lands is guilty of larceny. Any person so convicted shall be ordered to pay restitution calculated pursuant to § 55.1-2836.\n\nB\n\nIn a criminal prosecution pursuant to subsection A, it shall be prima facie evidence of the intent to steal the timber if the timber was harvested or removed from property marked with readily visible paint marks not more than 100 feet apart on trees or posts along the property line, where the paint marks were vertical lines at least two inches in width and at least eight inches in length and the center of the mark was not less than three feet nor more than six feet from the ground or normal water surface.\n\n","order_by":null,"text":{"0":{"id":1379733,"text":"Any person who knowingly and willfully takes, steals, and removes from the lands of another any timber growing, standing, or lying on the lands is guilty of larceny. Any person so convicted shall be ordered to pay restitution calculated pursuant to § 55.1-2836.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1379734,"text":"In a criminal prosecution pursuant to subsection A, it shall be prima facie evidence of the intent to steal the timber if the timber was harvested or removed from property marked with readily visible paint marks not more than 100 feet apart on trees or posts along the property line, where the paint marks were vertical lines at least two inches in width and at least eight inches in length and the center of the mark was not less than three feet nor more than six feet from the ground or normal water surface.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":52677,"edition_id":2,"name":"Cutting Timber","identifier":"8","label":"article","depth":4,"order_by":8,"parent_id":52669,"metadata":{"child_laws":7,"child_structures":0},"date_created":"2026-08-02 03:02:57","date_modified":"2026-08-02 12:35:33","permalink":{"id":1475345,"object_type":"structure","relational_id":52677,"identifier":"8","token":"55.1\/V\/28\/8","url":"\/55.1\/V\/28\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52669,"edition_id":2,"name":"Trespasses; Fences","identifier":"28","label":"chapter","depth":3,"order_by":5,"parent_id":52661,"metadata":{"child_laws":42,"child_structures":8},"date_created":"2026-08-02 03:02:53","date_modified":"2026-08-02 12:35:33","permalink":{"id":1475189,"object_type":"structure","relational_id":52669,"identifier":"28","token":"55.1\/V\/28","url":"\/55.1\/V\/28\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52661,"edition_id":2,"name":"Miscellaneous","identifier":"V","label":"subtitle","depth":2,"order_by":5,"parent_id":52600,"metadata":{"child_laws":165,"child_structures":20},"date_created":"2026-08-02 03:02:42","date_modified":"2026-08-02 12:35:31","permalink":{"id":1474773,"object_type":"structure","relational_id":52661,"identifier":"V","token":"55.1\/V","url":"\/55.1\/V\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52600,"edition_id":2,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":120,"parent_id":null,"metadata":{"child_laws":875,"child_structures":101},"date_created":"2026-08-02 03:01:36","date_modified":"2026-08-02 12:35:20","permalink":{"id":1471771,"object_type":"structure","relational_id":52600,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":369823,"structure_id":52677,"section_number":"55.1-2835","catch_line":"Damages recoverable for timber cutting","url":"\/55.1-2835\/","token":"55.1\/V\/28\/8\/55.1-2835","metadata":false},{"id":369824,"structure_id":52677,"section_number":"55.1-2836","catch_line":"Procedure for determination of damage","url":"\/55.1-2836\/","token":"55.1\/V\/28\/8\/55.1-2836","metadata":false},{"id":369825,"structure_id":52677,"section_number":"55.1-2837","catch_line":"When person damaged may proceed in court","url":"\/55.1-2837\/","token":"55.1\/V\/28\/8\/55.1-2837","metadata":false},{"id":369826,"structure_id":52677,"section_number":"55.1-2838","catch_line":"Larceny of timber; penalty","url":"\/55.1-2838\/","token":"55.1\/V\/28\/8\/55.1-2838","metadata":false},{"id":369827,"structure_id":52677,"section_number":"55.1-2839","catch_line":"Larceny of timber; failure to remit payment to owner; penalty","url":"\/55.1-2839\/","token":"55.1\/V\/28\/8\/55.1-2839","metadata":false},{"id":369828,"structure_id":52677,"section_number":"55.1-2840","catch_line":"Load tickets required for certain sales of timber; penalty","url":"\/55.1-2840\/","token":"55.1\/V\/28\/8\/55.1-2840","metadata":false},{"id":369829,"structure_id":52677,"section_number":"55.1-2841","catch_line":"Effect of article","url":"\/55.1-2841\/","token":"55.1\/V\/28\/8\/55.1-2841","metadata":false}],"previous_section":{"id":369825,"structure_id":52677,"section_number":"55.1-2837","catch_line":"When person damaged may proceed in court","url":"\/55.1-2837\/","token":"55.1\/V\/28\/8\/55.1-2837","metadata":false},"next_section":{"id":369827,"structure_id":52677,"section_number":"55.1-2839","catch_line":"Larceny of timber; failure to remit payment to owner; penalty","url":"\/55.1-2839\/","token":"55.1\/V\/28\/8\/55.1-2839","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2838\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapters 604<\/a> and 615<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":[{"id":369824,"section_number":"55.1-2836","catch_line":"Procedure for determination of damage","order_by":null,"url":"\/55.1-2836\/"}],"permalink":{"id":1475359,"object_type":"law","relational_id":369826,"identifier":"55.1-2838","token":"55.1\/V\/28\/8\/55.1-2838","url":"\/55.1-2838\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/55.1-2838\/","token":"55.1\/V\/28\/8\/55.1-2838","dublin_core":{"Title":"Larceny of timber; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2838","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who knowingly and willfully takes, steals<\/span>, and removes from the lands of another any timber growing, standing, or lying on the lands is guilty of larceny<\/span>. Any person so convicted shall be ordered to pay restitution<\/span> calculated pursuant to § 55.1-2836<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In a criminal prosecution<\/span> pursuant to subsection A, it shall be prima facie evidence<\/span> of the intent<\/span> to steal<\/span> the timber if the timber was harvested or removed from property marked with readily visible paint marks not more than 100 feet apart on trees or posts along the property line, where the paint marks were vertical lines at least two inches in width and at least eight inches in length and the center of the mark was not less than three feet nor more than six feet from the ground or normal water surface. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLARCENY OF TIMBER; PENALTY (\u00a7 55.1-2838)\n\nA. Any person who knowingly and willfully takes, steals, and removes from the\nlands of another any timber growing, standing, or lying on the lands is guilty\nof larceny. Any person so convicted shall be ordered to pay restitution\ncalculated pursuant to § 55.1-2836.\n\nB. In a criminal prosecution pursuant to subsection A, it shall be prima facie\nevidence of the intent to steal the timber if the timber was harvested or\nremoved from property marked with readily visible paint marks not more than 100\nfeet apart on trees or posts along the property line, where the paint marks were\nvertical lines at least two inches in width and at least eight inches in length\nand the center of the mark was not less than three feet nor more than six feet\nfrom the ground or normal water surface.\n\nHISTORY: 2004, cc. 604, 615, \u00a7 55-334.1; 2019, c. 712.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}