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Virginia statute

Va. Code Ann. § 18.2-92 — Breaking and entering dwelling house with intent to commit other misdemeanor

Current through 2026 Regular Session

Part of Article 2: Burglary and Related Offenses, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-92

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. § 18.2-92Primary source, current through the 2026 Regular Session
If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

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Questions this section answers

Is breaking and entering dwelling house with intent to commit other misdemeanor a felony or a misdemeanor in Virginia?

It depends on the circumstances: breaking and entering dwelling house with intent to commit other misdemeanor ranges from a class 6 felony to a class 2 felony in Virginia under Va. Code Ann. § 18.2-92.

Breaking and entering occupied dwelling with intent to commit misdemeanor (unarmed): class 6 felony (Va. Code Ann. § 18.2-92) · Breaking and entering occupied dwelling with intent to commit misdemeanor (armed with deadly weapon): class 2 felony (Va. Code Ann. § 18.2-92)

Which Virginia statute covers breaking and entering dwelling house with intent to commit other misdemeanor?

Breaking and entering dwelling house with intent to commit other misdemeanor is governed by Va. Code Ann. § 18.2-92 (Breaking and entering dwelling house with intent to commit other misdemeanor).

This reference is informational and is not legal advice.