Virginia criminal charge
Personal trespass by computer in Virginia
Personal trespass by computer is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-152.7. 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. § 18.2-152.7.
What is the penalty for personal trespass by computer in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 20 years (Personal trespass by computer — malicious — Applies when the act causing physical injury via computer or computer network is committed maliciously.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Personal trespass by computer — malicious — Applies when the act causing physical injury via computer or computer network is committed maliciously.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Personal trespass by computer — unlawful but not malicious — Applies when the act causing physical injury via computer or computer network is done unlawfully but not maliciously.; 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 (Personal trespass by computer — unlawful but not malicious — Applies when the act causing physical injury via computer or computer network is done unlawfully but not maliciously.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is personal trespass by computer classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Personal trespass by computer — malicious | Class 3 Felony | Applies when the act causing physical injury via computer or computer network is committed maliciously. | Va. Code Ann. § 18.2-152.7B |
| Personal trespass by computer — unlawful but not malicious | Class 6 Felony | Applies when the act causing physical injury via computer or computer network is done unlawfully but not maliciously. | Va. Code Ann. § 18.2-152.7B |
Common questions about personal trespass by computer in Virginia
Is personal trespass by computer a felony or a misdemeanor in Virginia?
It depends on the circumstances: personal trespass by computer ranges from a class 6 felony to a class 3 felony in Virginia under Va. Code Ann. § 18.2-152.7.
Personal trespass by computer — malicious: class 3 felony (Va. Code Ann. § 18.2-152.7B) · Personal trespass by computer — unlawful but not malicious: class 6 felony (Va. Code Ann. § 18.2-152.7B)
What are the penalties for personal trespass by computer in Virginia?
Penalties for personal trespass by computer in Virginia depend on how it is classified — from a class 6 felony up to a class 3 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers personal trespass by computer?
Personal trespass by computer is governed by Va. Code Ann. § 18.2-152.7 (Personal trespass by computer; 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.