Virginia criminal charge
Trespass upon church or school property in Virginia
Trespass upon church or school property is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-128. 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. § 18.2-128.
What is the penalty for trespass upon church or school property in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $500 (Nighttime trespass on church or school property — Entering without consent, in the nighttime, upon church or school premises for a purpose other than attending a meeting or service held there.; fine only — no jail (§ 18.2-11(c))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Trespass after direction to vacate or posted notice — Entering or remaining on church or school property in violation of a direction to vacate or a posted no-trespassing notice, with each entry or refusal to leave constituting a separate offense.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Trespass after direction to vacate or posted notice — Entering or remaining on church or school property in violation of a direction to vacate or a posted no-trespassing notice, with each entry or refusal to leave constituting a separate offense.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Trespass on school property with intent to abduct a student — Violating the direction-to-vacate or posted-notice prohibition on school property, by a person other than a parent, with the intent to abduct a student.; 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 (Trespass on school property with intent to abduct a student — Violating the direction-to-vacate or posted-notice prohibition on school property, by a person other than a parent, with the intent to abduct a student.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is trespass upon church or school property classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Nighttime trespass on church or school property | class 3 misdemeanor | Entering without consent, in the nighttime, upon church or school premises for a purpose other than attending a meeting or service held there. | Va. Code Ann. § 18.2-128A |
| Trespass after direction to vacate or posted notice | class 1 misdemeanor | Entering or remaining on church or school property in violation of a direction to vacate or a posted no-trespassing notice, with each entry or refusal to leave constituting a separate offense. | Va. Code Ann. § 18.2-128B |
| Trespass on school property with intent to abduct a student | class 6 felony | Violating the direction-to-vacate or posted-notice prohibition on school property, by a person other than a parent, with the intent to abduct a student. | Va. Code Ann. § 18.2-128B |
Common questions about trespass upon church or school property in Virginia
Is trespass upon church or school property a felony or a misdemeanor in Virginia?
It depends on the circumstances: trespass upon church or school property ranges from a class 3 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-128.
Nighttime trespass on church or school property: class 3 misdemeanor (Va. Code Ann. § 18.2-128A) · Trespass after direction to vacate or posted notice: class 1 misdemeanor (Va. Code Ann. § 18.2-128B) · Trespass on school property with intent to abduct a student: class 6 felony (Va. Code Ann. § 18.2-128B)
What are the penalties for trespass upon church or school property in Virginia?
Which Virginia statute covers trespass upon church or school property?
Trespass upon church or school property is governed by Va. Code Ann. § 18.2-128 (Trespass upon church or school property).
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.