Virginia criminal charge
Damaging public buildings, etc in Virginia
Damaging public buildings, etc is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-138. 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. § 18.2-138.
What is the penalty for damaging public buildings, etc in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 5 years (Damaging public buildings, etc. — damage $1,000 or more — Applies when a person willfully and maliciously breaks, damages/defaces, or destroys property in public buildings, etc., and the damage to the property 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(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Damaging public buildings, etc. — damage $1,000 or more — Applies when a person willfully and maliciously breaks, damages/defaces, or destroys property in public buildings, etc., and the damage to the property is $1,000 or more.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Damaging public buildings, etc. — damage less than $1,000 — Applies when a person willfully and maliciously breaks, damages/defaces, or destroys property in public buildings, etc., and the damage to the property is less than $1,000.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Damaging public buildings, etc. — damage less than $1,000 — Applies when a person willfully and maliciously breaks, damages/defaces, or destroys property in public buildings, etc., and the damage to the property is less than $1,000.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Damaging library/educational institution property — damage $1,000 or more — Applies when a person willfully and unlawfully damages or defaces library, museum, or educational institution property and the damage 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(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Damaging library/educational institution property — damage $1,000 or more — Applies when a person willfully and unlawfully damages or defaces library, museum, or educational institution property and the damage is $1,000 or more.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Damaging library/educational institution property — damage less than $1,000 — Applies when a person willfully and unlawfully damages or defaces library, museum, or educational institution property and the damage is less than $1,000.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Damaging library/educational institution property — damage less than $1,000 — Applies when a person willfully and unlawfully damages or defaces library, museum, or educational institution property and the damage 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 damaging public buildings, etc classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Damaging public buildings, etc. — damage $1,000 or more | Class 6 Felony | Applies when a person willfully and maliciously breaks, damages/defaces, or destroys property in public buildings, etc., and the damage to the property is $1,000 or more. | Va. Code Ann. § 18.2-138undefined |
| Damaging public buildings, etc. — damage less than $1,000 | Class 1 Misdemeanor | Applies when a person willfully and maliciously breaks, damages/defaces, or destroys property in public buildings, etc., and the damage to the property is less than $1,000. | Va. Code Ann. § 18.2-138undefined |
| Damaging library/educational institution property — damage $1,000 or more | Class 6 Felony | Applies when a person willfully and unlawfully damages or defaces library, museum, or educational institution property and the damage is $1,000 or more. | Va. Code Ann. § 18.2-138undefined |
| Damaging library/educational institution property — damage less than $1,000 | Class 1 Misdemeanor | Applies when a person willfully and unlawfully damages or defaces library, museum, or educational institution property and the damage is less than $1,000. | Va. Code Ann. § 18.2-138undefined |
Common questions about damaging public buildings, etc in Virginia
Is damaging public buildings, etc a felony or a misdemeanor in Virginia?
It depends on the circumstances: damaging public buildings, etc ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-138.
Damaging public buildings, etc. — damage $1,000 or more: class 6 felony (Va. Code Ann. § 18.2-138) · Damaging public buildings, etc. — damage less than $1,000: class 1 misdemeanor (Va. Code Ann. § 18.2-138) · Damaging library/educational institution property — damage $1,000 or more: class 6 felony (Va. Code Ann. § 18.2-138) · Damaging library/educational institution property — damage less than $1,000: class 1 misdemeanor (Va. Code Ann. § 18.2-138)
What are the penalties for damaging public buildings, etc in Virginia?
Which Virginia statute covers damaging public buildings, etc?
Damaging public buildings, etc is governed by Va. Code Ann. § 18.2-138 (Damaging public buildings, etc.; 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.