Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 5. Crimes Against Property » Article 5. Trespass to Realty
Virginia Code

Va. Code Ann. § 18.2-121 (2026)

Entering property of another for purpose of damaging it, etc.; penalties

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A. As used in this section, "disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities.

B. It is unlawful for any person to enter the land, dwelling, outhouse, or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user, or occupant thereof to use such property free from interference.

Any person violating the provisions of this section is guilty of a Class 1 misdemeanor. However, if a person intentionally selects the property entered because of the race, religious conviction, color, gender, disability, gender identity, sexual orientation, or ethnic or national origin of the owner, user, or occupant of the property, the person is guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months.

Code 1950, § 18.1-183; 1960, c. 358; 1975, cc. 14, 15; 1994, c. 658; 1997, c. 833; 2004, c. 461; 2020, cc. 746, 1171; 2024, cc. 266, 334.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1991–2024 · leading case: Crump v. Commonwealth, 411 S.E.2d 238 (Va. Ct. App. 1991).
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Crump v. Commonwealth, 411 S.E.2d 238 (Va. Ct. App. 1991). · cites it 16× “2-121 provides in pertinent part: It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user…”
Taylor v. Commonwealth, 400 S.E.2d 794 (Va. Ct. App. 1991). · cites it 12× “Furthermore, Code § 18.2-121, provides as follows: It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of…”
Schwartz v. Commonwealth, 581 S.E.2d 891 (Va. Ct. App. 2003). · cites it 4× “On October 16, 2001, Schwartz was tried on these charges, along with a charge of misdemeanor unlawful entry, in violation of Code § 18.2-121. He was tried jointly, with codefendants Wright and Steadman, and testified for the Commonwealth as to the events set forth above.”
Lowe v. Commonwealth, 535 S.E.2d 689 (Va. Ct. App. 2000). · cites it 8× “We take guidance from our decision in Crump , in which we held that trespass under Code § 18.2-121 is not a lesser included offense of statutory burglary under Code § 18.”
Am. Online, Inc. v. Nat'l Health Care Disc., Inc., 121 F. Supp. 2d 1255 (N.D. Iowa 2000). “” Va. Code § 18.2-121. The Restatement (Second) of Torts indicates “[a] trespass to chattels occurs when one party intentionally uses or intermeddles with personal property in rightful possession of another without authorization.”
Jake R. Jones v. Commonwealth of Virginia, No. 0837163 (Va. Ct. App. Oct. 3, 2017). · cites it 19× “First, appellant argues on appeal that a charge under Code § 18.2-121 is not a lesser-included charge of grand larceny per Code § 18.”
Herbert W. Lux, Jr. v. Commonwealth of Virginia, No. 1528122 (Va. Ct. App. Dec. 10, 2013). · cites it 12× “2-460(A), and entering property for purposes of damaging it or interfering with the owner’s use thereof, in violation of Code § 18.2-121, following a jury trial in the Spotsylvania County Circuit Court (“trial court”).”
Herbert W. Lux, Jr. v. Commonwealth of Virginia, No. 1528122 (Va. Ct. App. Dec. 17, 2013). · cites it 12× “2-460(A), and entering property for purposes of damaging it or interfering with the owner’s use thereof, in violation of Code § 18.2-121, following a jury trial in the Spotsylvania County Circuit Court (“trial court”).”
Michael Ray Jennings v. Commonwealth of Virginia, No. 1625151 (Va. Ct. App. Oct. 18, 2016). · cites it 6× “Michael Ray Jennings, appellant, was convicted in a bench trial of unlawful entry upon the property of another, in violation of Code § 18.2-121. On appeal, he contends the evidence was insufficient to prove he intended to interfere with the rights of the occupant to use such…”
Christopher Pompell v. Commonwealth of Virginia, 899 S.E.2d 51 (Va. Ct. App. 2024). · cites it 2× “The court denied appellant’s motion to dismiss. Appellant entered a conditional guilty plea under North Carolina v.”
Anthony Deshawn Bethel v. Commonwealth of Virginia, No. 1095161 (Va. Ct. App. May 2, 2017). · cites it 4× “-4- With respect to Bethel’s third assignment of error, Bethel generally argues without specificity that the evidence was insufficient as a matter of law to support the finding that Bethel’s specific intent was to violate Code § 18.2-121, which states, It shall be unlawful for…”
McKenna v. Bristol VA City Police Dep't, No. 1:22-cv-00002 (W.D. Va. Mar. 2, 2022). · cites it 3× “Count 3 purports to be based on an alleged violation of Va. Code § 18.2-121. The facts alleged in support of this count are: Unnamed officer extracted me from the safety of my home protected by 4th amendment and placed me in a semi public place where I no longer have the…”
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