Virginia criminal charge
Computer trespass in Virginia
Computer trespass is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-152.4. 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. § 18.2-152.4.
What is the penalty for computer trespass in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Computer trespass (base offense) — A person who violates any provision of subsection A is guilty of computer trespass as a Class 1 misdemeanor.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Computer trespass (base offense) — A person who violates any provision of subsection A is guilty of computer trespass as a Class 1 misdemeanor.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Computer trespass — critical infrastructure or government computer — Violation is committed for the purpose of affecting a computer exclusively used by the Commonwealth or a local government, or by a provider of telephone, oil, electric, gas, sewer, wastewater, or water service to the public.; 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(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Computer trespass — critical infrastructure or government computer — Violation is committed for the purpose of affecting a computer exclusively used by the Commonwealth or a local government, or by a provider of telephone, oil, electric, gas, sewer, wastewater, or water service to the public.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Computer trespass — damage of $1,000 or more — The violation is committed with malicious intent and causes damage to the property of another valued at $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(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Computer trespass — damage of $1,000 or more — The violation is committed with malicious intent and causes damage to the property of another valued at $1,000 or more.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Computer trespass — malicious software installed on more than five computers — A person, with malicious intent, installs or causes to be installed computer software in violation of this section on more than five computers belonging to another.; 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(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Computer trespass — malicious software installed on more than five computers — A person, with malicious intent, installs or causes to be installed computer software in violation of this section on more than five computers belonging to another.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Computer trespass — malicious keystroke logging software — A person violates subdivision A 8 (installing or collecting information through keystroke-recording software) with malicious intent.; 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(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Computer trespass — malicious keystroke logging software — A person violates subdivision A 8 (installing or collecting information through keystroke-recording software) with malicious intent.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is computer trespass classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Computer trespass (base offense) | class 1 misdemeanor | A person who violates any provision of subsection A is guilty of computer trespass as a Class 1 misdemeanor. | Va. Code Ann. § 18.2-152.4B |
| Computer trespass — critical infrastructure or government computer | class 6 felony | Violation is committed for the purpose of affecting a computer exclusively used by the Commonwealth or a local government, or by a provider of telephone, oil, electric, gas, sewer, wastewater, or water service to the public. | Va. Code Ann. § 18.2-152.4B |
| Computer trespass — damage of $1,000 or more | class 6 felony | The violation is committed with malicious intent and causes damage to the property of another valued at $1,000 or more. | Va. Code Ann. § 18.2-152.4B |
| Computer trespass — malicious software installed on more than five computers | class 6 felony | A person, with malicious intent, installs or causes to be installed computer software in violation of this section on more than five computers belonging to another. | Va. Code Ann. § 18.2-152.4B |
| Computer trespass — malicious keystroke logging software | class 6 felony | A person violates subdivision A 8 (installing or collecting information through keystroke-recording software) with malicious intent. | Va. Code Ann. § 18.2-152.4B |
Common questions about computer trespass in Virginia
Is computer trespass a felony or a misdemeanor in Virginia?
It depends on the circumstances: computer trespass ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-152.4.
Computer trespass (base offense): class 1 misdemeanor (Va. Code Ann. § 18.2-152.4B) · Computer trespass — critical infrastructure or government computer: class 6 felony (Va. Code Ann. § 18.2-152.4B) · Computer trespass — damage of $1,000 or more: class 6 felony (Va. Code Ann. § 18.2-152.4B) · Computer trespass — malicious software installed on more than five computers: class 6 felony (Va. Code Ann. § 18.2-152.4B) · Computer trespass — malicious keystroke logging software: class 6 felony (Va. Code Ann. § 18.2-152.4B)
What are the penalties for computer trespass in Virginia?
Which Virginia statute covers computer trespass?
Computer trespass is governed by Va. Code Ann. § 18.2-152.4 (Computer trespass; 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.