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Virginia statute

Va. Code Ann. § 18.2-128 — Trespass upon church or school property

Current through 2026 Regular Session

Part of Article 5: Trespass to Realty, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-128

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-128Primary source, current through the 2026 Regular Session
A. Any person who, without the consent of some person authorized to give such consent, goes or enters upon, in the nighttime, the premises or property of any church or upon any school property for any purpose other than to attend a meeting or service held or conducted in such church or school property, shall be guilty of a Class 3 misdemeanor. B. It shall be unlawful for any person, whether or not a church member or student, to enter upon or remain upon any church or school property in violation of (i) any direction to vacate the property by a person authorized to give such direction or (ii) any posted notice which contains such information, posted at a place where it reasonably may be seen. Each time such person enters upon or remains on the posted premises or after such direction that person refuses to vacate such property, it shall constitute a separate offense. A violation of this subsection shall be punishable as a Class 1 misdemeanor, except that any person, other than a parent, who violates this subsection on school property with the intent to abduct a student shall be guilty of a Class 6 felony. C. For purposes of this section: (i) "school property" includes a school bus as defined in § 46.2-100 and (ii) "church" means any place of worship and includes any educational building or community center owned or leased by a church.

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Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.