Virginia criminal charge

Computer fraud in Virginia

Current through 2026 Virginia legislative session

Computer fraud is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-152.3. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Va. Code Ann. § 18.2-152.3.

What is the penalty for computer fraud in Virginia?

Penalties for Computer fraud
Penalty	Range	Basis	Authority
Jail / prison	1 years to 10 years (Computer fraud - value $1,000 or more — Applies when the value of the property or services obtained through computer fraud is $1,000 or more.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e)))	discretionary	Va. Code Ann. § 18.2-10
Fine	up to $2,500 (Computer fraud - value $1,000 or more — Applies when the value of the property or services obtained through computer fraud is $1,000 or more.; with the jail-confinement alternative under § 18.2-10(e))	discretionary	Va. Code Ann. § 18.2-10
Jail / prison	up to 12 months (Computer fraud - value less than $1,000 — Applies when the value of the property or services obtained through computer fraud is less than $1,000.)	discretionary	Va. Code Ann. § 18.2-11
Fine	up to $2,500 (Computer fraud - value less than $1,000 — Applies when the value of the property or services obtained through computer fraud is less than $1,000.; either or both with confinement (§ 18.2-11(a)))	discretionary	Va. Code Ann. § 18.2-11

Applies to current.

How is computer fraud classified in Virginia?

The classification depends on the circumstances:

Classification variants for Computer fraud
Variant	Classification	When it applies	Statute
Computer fraud - value $1,000 or more	class 5 felony	Applies when the value of the property or services obtained through computer fraud is $1,000 or more.	Va. Code Ann. § 18.2-152.3undefined
Computer fraud - value less than $1,000	class 1 misdemeanor	Applies when the value of the property or services obtained through computer fraud is less than $1,000.	Va. Code Ann. § 18.2-152.3undefined

Common questions about computer fraud in Virginia

Is computer fraud a felony or a misdemeanor in Virginia?

It depends on the circumstances: computer fraud ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-152.3.

Computer fraud - value $1,000 or more: class 5 felony (Va. Code Ann. § 18.2-152.3) · Computer fraud - value less than $1,000: class 1 misdemeanor (Va. Code Ann. § 18.2-152.3)

What are the penalties for computer fraud in Virginia?

Penalties for computer fraud in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 5 felony — with the ranges set by Va. Code Ann. § 18.2-10 and Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.

Which Virginia statute covers computer fraud?

Computer fraud is governed by Va. Code Ann. § 18.2-152.3 (Computer fraud; penalty).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.