Skip to main content
US Criminal Defense.org
Menu

Virginia criminal charge

Misuse of public assets in Virginia

Current through 2026 Virginia legislative session

Misuse of public assets is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-112.1. 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. § 18.2-112.1.

What is the penalty for misuse of public assets in Virginia?

Penalties for Misuse of public assets
PenaltyRangeBasisAuthority
Jail / prison2 years to 10 years (Misuse of public assets by full-time officer/agent/employee — A full-time officer, agent, or employee of the Commonwealth or a locality, without lawful authorization, uses or permits use of public assets for private purposes unrelated to legitimate government interest, with value exceeding $1,000 in any 12-month period.)mandatoryVa. Code Ann. § 18.2-10
Fineup to $100,000 (Misuse of public assets by full-time officer/agent/employee — A full-time officer, agent, or employee of the Commonwealth or a locality, without lawful authorization, uses or permits use of public assets for private purposes unrelated to legitimate government interest, with value exceeding $1,000 in any 12-month period.; only together with imprisonment (§ 18.2-10(g)))discretionaryVa. Code Ann. § 18.2-10
Jail / prisonup to 12 months (Misuse of public assets by non-full-time officer/agent/employee/elected official under local ordinance — Where a county, city, or town has adopted a local ordinance, a non-full-time officer, agent, employee, or elected official, without lawful authorization, uses or permits use of public assets for private purposes unrelated to legitimate government interest, with value exceeding $1,000 in any 12-month period.)discretionaryVa. Code Ann. § 18.2-11
Fineup to $2,500 (Misuse of public assets by non-full-time officer/agent/employee/elected official under local ordinance — Where a county, city, or town has adopted a local ordinance, a non-full-time officer, agent, employee, or elected official, without lawful authorization, uses or permits use of public assets for private purposes unrelated to legitimate government interest, with value exceeding $1,000 in any 12-month period.; either or both with confinement (§ 18.2-11(a)))discretionaryVa. Code Ann. § 18.2-11

Applies to current.

How is misuse of public assets classified in Virginia?

The classification depends on the circumstances:

Classification variants for Misuse of public assets
VariantClassificationWhen it appliesStatute
Misuse of public assets by full-time officer/agent/employeeClass 4 FelonyA full-time officer, agent, or employee of the Commonwealth or a locality, without lawful authorization, uses or permits use of public assets for private purposes unrelated to legitimate government interest, with value exceeding $1,000 in any 12-month period.Va. Code Ann. § 18.2-112.1B
Misuse of public assets by non-full-time officer/agent/employee/elected official under local ordinanceClass 1 MisdemeanorWhere a county, city, or town has adopted a local ordinance, a non-full-time officer, agent, employee, or elected official, without lawful authorization, uses or permits use of public assets for private purposes unrelated to legitimate government interest, with value exceeding $1,000 in any 12-month period.Va. Code Ann. § 18.2-112.1C

Common questions about misuse of public assets in Virginia

Is misuse of public assets a felony or a misdemeanor in Virginia?

It depends on the circumstances: misuse of public assets ranges from a class 1 misdemeanor to a class 4 felony in Virginia under Va. Code Ann. § 18.2-112.1.

Misuse of public assets by full-time officer/agent/employee: class 4 felony (Va. Code Ann. § 18.2-112.1B) · Misuse of public assets by non-full-time officer/agent/employee/elected official under local ordinance: class 1 misdemeanor (Va. Code Ann. § 18.2-112.1C)

What are the penalties for misuse of public assets in Virginia?

Penalties for misuse of public assets in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 4 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 misuse of public assets?

Misuse of public assets is governed by Va. Code Ann. § 18.2-112.1 (Misuse of public assets; 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.