{"id":376936,"date":"2018-05-22T17:20:34","date_gmt":"2018-05-22T22:20:34","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-criminal-trespass-laws.html"},"modified":"2018-05-22T17:59:18","modified_gmt":"2018-05-22T22:59:18","slug":"virginia-criminal-trespass-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-criminal-trespass-laws.html","title":{"rendered":"Virginia Criminal Trespass Laws"},"content":{"rendered":"\n
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Virginia Criminal Trespass Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Trespassing occurs when a person intentionally goes onto someone else's property without permission or doesn't leave someone else's property after being told to do so. It's important to take note that, typically, accidentally going onto another's property is not considered trespassing<\/a>. With that being said, a clearly posted "no trespassing" sign or a fence may be used in legal action to prove that the person knowingly entered someone else's property.<\/p>\r\n

Trespassing is usually a violation of a state's civil as well as criminal laws. Virginia has a variety of criminal trespass laws, which are separated by circumstances surrounding the act of the trespassing. For example, Virginia has different laws addressing trespassing on a cemetery at night versus trespassing on a church or school property.<\/p>\r\n

Virginia Criminal Trespass Laws at a Glance<\/h2>\r\n

When you want to find the answer to a legal question, it's important to read the relevant laws. But it's also beneficial to read a summary of the laws in plain English because it can help you better understand those laws. In the following chart, you can find an overview of Virginia criminal trespass laws as well as links to relevant statutes.<\/p>\r\n\r\n
Statute(s)<\/b><\/td>\r\n

 Virginia Code<\/p>\r\n

What's Prohibited?<\/b><\/td>\r\n

 A person is prohibited from entering on someone else's property without permission or staying on the property after being told to leave.<\/p>\r\n<\/td>\r\n<\/tr>

Charges  <\/b><\/td>\r\n

 Violating one of Virginia's criminal trespass laws will generally result in a misdemeanor<\/a> charge. Depending on the circumstances, however, the "class" of the misdemeanor will vary. For specific charges, please see the statutes listed above.<\/p>\r\n<\/td>\r\n<\/tr>

Penalties<\/b><\/td>\r\n

 Misdemeanors are generally punishable as follows:<\/p>\r\n

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  • Class 1 misdemeanor: up to 12 months in jail and\/or a fine of up to $2,500.<\/li>\r\n
  • Class 2 misdemeanor: up to 6 months in jail and\/or a fine of up to $1,000.<\/li>\r\n
  • Class 3 misdemeanor: a fine of up to $500.<\/li>\r\n
  • Class 4 misdemeanor: a fine of up to $250.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Related Statute(s)<\/b><\/td>\r\n