Virginia Code

Va. Code Ann. § 18.2-108.01 (2026)

Larceny with intent to sell or distribute; sale of stolen property; penalty

✓ current as of May 2026

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A. Any person who commits larceny of property with a value of $1,000 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in a state correctional facility for not less than two years nor more than 20 years. The larceny of more than one item of the same product is prima facie evidence of intent to sell or intent to distribute for sale.

B. Any person who sells, attempts to sell or possesses with intent to sell or distribute any stolen property with an aggregate value of $1,000 or more where he knew or should have known that the property was stolen is guilty of a Class 5 felony.

C. A violation of this section constitutes a separate and distinct offense.

2003, c. 831; 2018, cc. 764, 765; 2020, cc. 89, 401.

Notes of Decisions

Cited in 28 cases (10 in the last 5 years), 2006–2026 · leading case: Tharrington v. Commonwealth, 715 S.E.2d 388 (Va. Ct. App. 2011).

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Tharrington v. Commonwealth, 715 S.E.2d 388 (Va. Ct. App. 2011). · cites it 7× “Appellant filed a pretrial motion to dismiss the indictments for grand larceny and larceny with intent to sell or distribute, contending Code § 18.2-108.01 “is unconstitutional on its face or in application to the facts of this prosecution.”

Jonta Ramsey v. Commonwealth of Virginia, 779 S.E.2d 241 (Va. Ct. App. 2015). · cites it 2× “2-137, to circuit court. He was then indicted for four felonies on September 3, 2013: statutory burglary, in violation of Code § 18.”

McDowell v. Commonwealth, 628 S.E.2d 542 (Va. Ct. App. 2006). · cites it 2× “2-95, and larceny with the intent to sell or distribute stolen property in violation of Code § 18.2-108.01, both arising out of the theft of over-the-counter medications from a Rite-Aid store.”

McDowell v. Com., 641 S.E.2d 507 (Va. 2007). · cites it 2× “00 or more in violation of Code § 18.2-108.01(A). Both convictions resulted from the shoplifting by the defendant and an accomplice of merchandise from a Rite-Aid drug store in the City of Norfolk.”

Levin Grimes v. Commonwealth of Virginia, 749 S.E.2d 218 (Va. Ct. App. 2013). · cites it 2× “2-23, larceny of property belonging to another with a value of $200 or more with the intent to sell or distribute such property, Code § 18.2-108.01, and conspiracy to commit larceny with the intent to sell or distribute, Code § 18.”

Lendell C. Bryant v. Commonwealth of Virginia (Va. Ct. App. 2012). · cites it 28× “After hearing the evidence, the court found Bryant guilty of “sell[ing] or distribut[ing] stolen property” under subsection B of Code § 18.2-108.01, which the court deemed “a lesser included offense, as charged in the indictment.”

Jehohanan Jedidiah Lamp v. Commonwealth of Virginia (Va. Ct. App. 2019). · cites it 11× “commits simple larceny not from the person of another of goods and chattels of the value of $200 or more . . . shall be guilty of grand larceny.”

James Thomas Bunch v. Commonwealth of Virginia (Va. Ct. App. 2010). · cites it 15× “James Thomas Bunch (appellant) appeals from his bench trial convictions for two counts of larceny with intent to sell or distribute stolen property, in violation of Code § 18.2-108.01, for incidents occurring on two different dates.”

Kenneth E. Wingfield, III v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 7× “Therefore, the trial court was not plainly wrong in identifying Wingfield as one of the perpetrators of the thefts at the Stafford County Verizon store on March 5, 2019. Finally, for Wingfield’s fourth assignment of error, he argues that there is insufficient evidence to…”

Edward Hines Sigler v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 6× “2-103, -104 2; one count of larceny with intent to sell, in violation of Code § 18.2-108.01; and two misdemeanor counts of obtaining money by false pretenses, in violation of Code § 18.”

Antonio Lachoy Dawson v. Commonwealth of Virginia (Va. Ct. App. 2025). · cites it 6× “Thus, we remand the case to the trial court for correction of the scrivener’s errors in the sentencing order and in subsequent probation revocation orders to reflect that Dawson’s conviction was for violating Code § 18.2-108.01. See Code § 8.01-428(B).”

Jamar Dominic Green v. Commonwealth of Virginia (Va. Ct. App. 2018). · cites it 4× “Code § 18.2-108.01, which proscribes the commission -6- of larceny with the intent to sell or distribute stolen property, contains a provision specifying that “[a] violation of this section constitutes a separate and distinct offense.”

Show all 28 citing cases →

— Va. Code Ann. § 18.2-108.01(A) — 13 cases

McDowell v. Com., 641 S.E.2d 507 (Va. 2007). “00 or more in violation of Code § 18.2-108.01(A). Both convictions resulted from the shoplifting by the defendant and an accomplice of merchandise from a Rite-Aid drug store in the City of Norfolk.”

Jehohanan Jedidiah Lamp v. Commonwealth of Virginia (Va. Ct. App. 2019). “commits simple larceny not from the person of another of goods and chattels of the value of $200 or more . . . shall be guilty of grand larceny.”

James Thomas Bunch v. Commonwealth of Virginia (Va. Ct. App. 2010). “James Thomas Bunch (appellant) appeals from his bench trial convictions for two counts of larceny with intent to sell or distribute stolen property, in violation of Code § 18.2-108.01, for incidents occurring on two different dates.”

Lendell C. Bryant v. Commonwealth of Virginia (Va. Ct. App. 2012). “After hearing the evidence, the court found Bryant guilty of “sell[ing] or distribut[ing] stolen property” under subsection B of Code § 18.2-108.01, which the court deemed “a lesser included offense, as charged in the indictment.”

Antonio Lachoy Dawson v. Commonwealth of Virginia (Va. Ct. App. 2025). “Thus, we remand the case to the trial court for correction of the scrivener’s errors in the sentencing order and in subsequent probation revocation orders to reflect that Dawson’s conviction was for violating Code § 18.2-108.01. See Code § 8.01-428(B).”

— Va. Code Ann. § 18.2-108.01(B) — 1 case

— Va. Code Ann. § 18.2-108.01(C) — 4 cases

Tharrington v. Commonwealth, 715 S.E.2d 388 (Va. Ct. App. 2011). “Appellant filed a pretrial motion to dismiss the indictments for grand larceny and larceny with intent to sell or distribute, contending Code § 18.2-108.01 “is unconstitutional on its face or in application to the facts of this prosecution.”

Jamar Dominic Green v. Commonwealth of Virginia (Va. Ct. App. 2018). “Code § 18.2-108.01, which proscribes the commission -6- of larceny with the intent to sell or distribute stolen property, contains a provision specifying that “[a] violation of this section constitutes a separate and distinct offense.”

Donald William Hall, II v. Commonwealth of Virginia (Va. Ct. App. 2012).

Commonwealth of Virginia v. David Pijor (Va. Ct. App. 2015).

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