Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 5. Crimes Against Property » Article 3. Larceny and Receiving Stolen Goods
Virginia Code

Va. Code Ann. § 18.2-104 (2026)

Repealed

✓ current as of May 2026
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Repealed by Acts 2021, Sp. Sess. I, c. 192, cl. 1, effective July 1, 2021.

Notes of Decisions
Cited in 73 cases (15 in the last 5 years), 1989–2025 · leading case: Conkling v. Commonwealth, 612 S.E.2d 235 (Va. Ct. App. 2005).
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Conkling v. Commonwealth, 612 S.E.2d 235 (Va. Ct. App. 2005). · cites it 26× “The sole issue on appeal is whether a juvenile larceny adjudication can be used as the basis for enhanced punishment under Code § 18.2-104. We hold that it cannot, and reverse.”
Harris v. Commonwealth, 477 S.E.2d 3 (Va. Ct. App. 1996). · cites it 72× “He argues that his prior robbery conviction should not have been counted as a prior larceny conviction under Code § 18.2-104 because robbery is not a larceny or an offense deemed to be larceny or punished as larceny.”
Brittle v. Commonwealth, 680 S.E.2d 335 (Va. Ct. App. 2009). · cites it 6× “Code § 18.2-104. Brittle does not challenge the fact that he committed the offense of larceny.”
James Lee Frango v. Commonwealth of Virginia, 782 S.E.2d 175 (Va. Ct. App. 2016). · cites it 10× “The Commonwealth alleged and proved that it was appellant’s second larceny conviction, implicating Code § 18.2-104, which provides that *47 [w]hen a person is convicted of an offense of larceny or any offense deemed to be or punished as larceny under any provision of the Code,…”
Snead v. Commonwealth, 400 S.E.2d 806 (Va. Ct. App. 1991). · cites it 15× “shall *646 be deemed guilty of larceny and upon conviction thereof shall be punished as provided in Section 18.2-104. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie…”
Robert Allen Wilkins v. Commonwealth of Virginia, 771 S.E.2d 705 (Va. Ct. App. 2015). · cites it 4× “Robert Allen Wilkins (appellant) was convicted by a jury of third-offense petit larceny, a Class 6 felony under Code § 18.2-104. Appellant argues that the trial court “erred by allowing the jury to proceed when [appellant] was wearing his jail uniform.”
Wilkins v. Commonwealth, 786 S.E.2d 156 (Va. 2016). · cites it 2× “Facts and Proceedings The appellant, Robert Allen Wilkins ("Wilkins"), was convicted by a jury of petit larceny, third or subsequent offense, in violation of Code § 18.2-104, in the Circuit Court of the City of Portsmouth ("circuit court").”
Moore v. Commonwealth, 722 S.E.2d 668 (Va. Ct. App. 2012). · cites it 4× “2-172, and three counts of third offense larceny under Code § 18.2-104. All of the charges brought against Moore in the indictments related to her deposit of three counterfeit "Lucky MoneyGram" money orders in her checking account at Apple Federal Credit Union ("Apple") and her…”
Hudson v. Commonwealth, 383 S.E.2d 767 (Va. Ct. App. 1989). · cites it 8× “2-103; The Commonwealth offered certified copies of three prior convictions of Hudson for like offenses to show that he was eligible for enhanced punishment under Code § 18.2-104(b). In this appeal, Hudson contends that the trial court erred in admitting his prior conviction…”
Pittman v. Commonwealth, 434 S.E.2d 694 (Va. Ct. App. 1993). · cites it 4× “Code § 18.2-104(b) provides in pertinent part: Any person convicted of an offense under § 18.”
Angel Alexis Cartagena, a/k/a Veguilla Angel Alexis Cartegena v. Commonwealth of Virginia, 807 S.E.2d 223 (Va. Ct. App. 2017). · cites it 2× “5:3 (life sentence for subsequent conviction of certain violent sex crimes if previously convicted of one of those crimes or “for felonies under the laws of any state or the United States that are substantially similar to those” listed); Code § 18.2-104 (enhanced punishment for…”
Yvonie Décor Charles v. Commonwealth of Virginia, 756 S.E.2d 917 (Va. Ct. App. 2014). · cites it 4× “” Finally, Code § 18.2-104 shares the purpose of punishing larceny: When a person is convicted of an offense of larceny or any offense deemed to be or punished as larceny under any provision of the Code, and it is alleged in the warrant, indictment or information on which he is…”
Show all 73 citing cases →
— Va. Code Ann. § 18.2-104(a) — 1 case
Snead v. Commonwealth, 400 S.E.2d 806 (Va. Ct. App. 1991). “shall *646 be deemed guilty of larceny and upon conviction thereof shall be punished as provided in Section 18.2-104. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie…”
— Va. Code Ann. § 18.2-104(b) — 13 cases
Snead v. Commonwealth, 400 S.E.2d 806 (Va. Ct. App. 1991). “shall *646 be deemed guilty of larceny and upon conviction thereof shall be punished as provided in Section 18.2-104. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie…”
Hudson v. Commonwealth, 383 S.E.2d 767 (Va. Ct. App. 1989). “2-103; The Commonwealth offered certified copies of three prior convictions of Hudson for like offenses to show that he was eligible for enhanced punishment under Code § 18.2-104(b). In this appeal, Hudson contends that the trial court erred in admitting his prior conviction…”
Pittman v. Commonwealth, 434 S.E.2d 694 (Va. Ct. App. 1993). “Code § 18.2-104(b) provides in pertinent part: Any person convicted of an offense under § 18.”
Conkling v. Commonwealth, 612 S.E.2d 235 (Va. Ct. App. 2005). “The sole issue on appeal is whether a juvenile larceny adjudication can be used as the basis for enhanced punishment under Code § 18.2-104. We hold that it cannot, and reverse.”
Dotson v. Commonwealth, 445 S.E.2d 492 (Va. Ct. App. 1994).
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